Legal threat forces re-write of proposed freedom camping bylaw

Sunday, 25 June 2017

Campervans parking up overnight will have to stay at least 100m from Lake Taupo's edge if councillors vote for the amended bylaw on August 1.

Legal threats have flipped the Taupo District Council's proposed Freedom Camping Bylaw on its head.

The original bylaw proposal sought to ban campervans from all public areas in the Taupo District – except at 13 specific areas, where they would be welcome.

Visitors who travel in sliding-door vans like this one will have to stay at campgrounds, or Reid's Farm, as only certified self-contained campervans will be permitted to freedom camp in the Taupo District (file photo).

Following public consultation, and the prospect of legal action from the NZ Motor Caravan Association, council staff have put forward a new, amended bylaw for consideration by councillors.

Councillors discussed council officers' recommendations on Thursday.

James Imlach, policy and planning manager for the New Zealand Motor Caravan Association, threatened legal action if the Taupo District Council proceeded with its original plans to ban freedom camping from public places in the region.

Taupo's freedom camping bylaw is friendly to self-contained motorhomes, allowing them to camp anywhere, except in urban areas outside of Taupo.

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The amended draft bylaw proposes that motorhomes and self-contained campervans can stay anywhere – but not within 100 metres of Lake Taupo or in urban areas outside Taupo township, such as in Turangi township, Kinloch, Waitahanui or Hatepe.

Campervans would be banned from Ferry Rd and the waterfront near Taupo float plane's moorings and the Lake Taupo Yacht Club, as per the 100m restriction.

Vehicles that aren't self contained – the so-called 'sliding-door campervans' – would need to stay at campgrounds or at restricted areas where all camping is allowed, such as Reids Farm and recreational areas near Mangakino.

Senior policy advisor Jane Budge said the amended bylaw was more in line with the 'permissive intent' of the Freedom Camping Act 2011.

The act says freedom camping should be permitted in the local authority area generally, although it can be restricted in specific areas.

Bylaws cannot override the powers of an act, Budge said.

'NZMCA [NZ Motor Caravan Association] has indicated that they are likely to judicially review Council if the draft bylaw is not amended,' she said.

'Any legal challenge could incur legal costs.'

Five Mile Bay, Whakaipo Bay and Taupo Boat Harbour – popular freedom camping areas – would not be affected by the bylaw, as the land is owned by the Department of Conservation.

Senior policy manager Nick Carroll said that if issues arose at specific locations in the future, the bylaw could be reviewed by council and additional restrictions imposed.

'I can't emphasise enough that we've got a lot of flexibility.'

All councillors said they were supportive, in general, of the revised draft bylaw.

Councillors will vote on the revised bylaw at a meeting on August 1.