Westland District Council is seeking public feedback on its Proposed Bylaw to help manage freedom camping and ensure everyone, including the visitors to Westland, continue to enjoy our public open spaces.
Freedom Camping is an increasingly popular sector of the tourism market. We are committed to encouraging the benefits it brings, while managing the increasing pressure it places on key coastal and river publicly owned sites, particularly at peak times of the year.
We want your feedback
We want your views on whether Westland District Council should introduce a Freedom Camping Bylaw.
We encourage you to read the full Statement of Proposal and Proposed Bylaw below before making your submission.
Please note, submissions will be publicly available on the council’s website, through inclusion in council agendas, and/or retrievable by request under the Local Government Official Information and Meetings Act 1987. Contact details will redacted under the Privacy Act 2020.
The Proposed Bylaw enables us to identify those areas where freedom camping is appropriate and those areas which may need protection for reasons including environmental and cultural significance, risks to health and safety and other practical considerations. We want to ensure we find the right balance between the needs of our communities and visitors and all those who choose to freedom camp.
The Freedom Camping Bylaw proposes to:
View the Statement of Proposal and FAQ page for more information.
Statement of Proposal
The Act is permissible by default, which means its starting point is to allow freedom camping on all council controlled or managed land, unless prohibited under other legislation (such as the Reserves Act 1977). However, the Act does not recognise that some areas under control or management of councils may not be suitable for freedom camping and enables councils to make a bylaw to protect these areas. This includes protecting an area, protecting the health and safety of the people who may visit an area, and to protect access to an area.
Freedom camping bylaws can identify areas where freedom camping is prohibited and restricted to manage how and where freedom camping can occur, and what addition conditions may be needed in some areas. Bylaws can also identify areas where freedom camping can occur in vehicles that are not self-contained.
Read the full statement of proposal for more information.
Changes to national legislation
The Self-contained Motor Vehicles Act 2023 came into force in June 2023 and made amendments to the Freedom Camping Act 2011. A key change made by the amendment means that since June 2023, if a person is freedom camping on council controlled or managed land using a vehicle, they must be using a certified self-contained vehicle to freedom camp. The definition of self-contained has been updated to require a fixed toilet.
Read the full statement of proposal for more information.
Council considered the above options and given Council previously had a bylaw, concluded that creating a bylaw under the Freedom Camping Act 2011 would be the most reasonably practicable solution for addressing the issues caused by freedom camping.
Read the full statement of proposal for more information.
The Proposed Bylaw includes rules for Freedom Camping across the district including identification of prohibited and restricted areas. The Proposed Bylaw seeks to protect areas, the health and safety of people using areas, and protecting access to areas, from negative impacts caused by freedom camping.
General provisions
The Proposed Bylaw does not specify District-wide rules in addition to those general requirements under the Act. Instead, the bylaw aims to formalise areas which are currently understood to be camping areas within the district, areas which experience problems associated with freedom camping, or areas which require additional protection. These areas are defined in the Schedules of the Proposed Bylaw and indicative maps of the areas are included as well.
Incorporation of NZ Standard by reference – Certified Self-contained
The Proposed Bylaw uses the definition of certified self-contained motor vehicle within the Act. To support and provide further information to this definition, the Proposed Bylaw also incorporates by reference the NZ Standard 5465:2001 Self containment of motor caravans and caravans which has further detail of the more technical requirements of certification.
Read the full statement of proposal and proposed bylaw for more information.
Any potential areas for prohibition or restriction must be first assessed against the criteria in section 11(2) of the Act before being included in a freedom camping bylaw. This section states that councils can only prohibit or restrict freedom camping in an area if this is necessary to:
Prohibitions
The Proposed Bylaw prohibits freedom camping in the following township areas:
Specific Area Restrictions
The Proposed Bylaw places restrictions on freedom camping in the areas of:
Freedom camping in these urban areas is restricted to certified self-contained and non self-contained (depending on the area) for a maximum of two nights in one location within a 30-day period. These restrictions ensure that freedom campers can visit and enjoy the townships’ amenities while protecting access to these areas and the health and safety of residents and visitors alike, by ensuring short stays that will not adversely impact on any one location within the townships.
Read the full statement of proposal, proposed bylaw and summary of site assessments for more information.
Council has considered the enforcement challenges across the district and discussed five enforcement options at a Council Workshop on 9th October 2024. These options are listed below for consideration when providing feedback on the Proposed Bylaw.
Read the full statement of proposal for more information.
The Council must determine whether the bylaws made under the Local Government Act 2002 give rise to any implications under the New Zealand Bill of Rights Act 1990.
This bylaw is similar to bylaws used by other territorial local authorities, and there is no legislative commentary reviewed that would suggest Bill of Rights implications. The Proposed Bylaw content is considered to reflect a suitable balance between personal freedoms and community protection, and is not considered to have discriminatory effects.
| Submissions open | 9am, Friday 25 October 2024 |
| Submissions close | 5pm, Monday 25 November 2024 |
| Hearing, deliberations and decision | Monday 9 December 2024 |
| Revisions applied | The revisions will generally take effect the day after the decision is made by Council. |