Appendix 4: Draft Statement of Proposal
Freedom Camping
Bylaw 2016
Statement of Proposal
30 June 2016
This is a statement of proposal prepared in accordance with section
83(1)(a) Local Government Act 2002 (“the LGA 2002”) in relation to the
making of an amendment to the Gisborne District Council Freedom
Camping Bylaw 2016.
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Contents
1 FREEDOM CAMPING ACT 2011 ............................................................................................... 2 2 GISBORNE’S FREEDOM CAMPING BYLAW AND SUMMER CAMPING ................................ 2 3 WHY CHANGE THE CURRENT BYLAW? .................................................................................... 3 4 WHAT IS THE PROCESS FOR AMENDING THE BYLAW? .......................................................... 4 5 WHAT OPTIONS HAVE BEEN CONSIDERED? ........................................................................... 4 6 WHAT CHANGES TO THE BYLAW IS COUNCIL PROPOSING? ............................................... 6 7 REASONS FOR RESTRICTIONS ................................................................................................... 7 8 HOW CAN I HAVE MY SAY? ..................................................................................................... 8 9 WHERE DO I GET COPIES OF THE DRAFT FREEDOM CAMPING BYLAW 2016? .................. 8 A673141
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1 Freedom Camping Act 2011
The Freedom Camping Act, 2011 (the Act) regulates freedom camping on land controlled or
managed by local authorities or the Department of Conservation under the Conservation Act
1987, the National Parks Act 1980, the Reserves Act 1977, or the Wildlife Act 1953.
In respect of local authority areas, it permits freedom camping on any area of land that is
controlled or managed by a local authority (called a local authority area) unless it is:


Restricted or prohibited in an area by a bylaw or any other enactment (for example the
Reserves Act 1977); or
In a Camping Ground that has a current certificate of registration under the CampingGrounds Regulations 1985 and a fee is charged.
The Act also includes provisions for the making of a bylaw to prohibit or restrict freedom camping
in a local authority area and a range of enforcement and miscellaneous provisions.
2 Gisborne’s Freedom Camping Bylaw and Summer Camping
Gisborne District Council (the Council) has an operative Freedom Camping Bylaw (the Bylaw).
The Bylaw came into force on 1 July 2015 following public consultation in accordance with the
Special Consultative Procedure required by section 86 of the Local Government Act 2002.
The bylaw identifies:


Prohibited Areas: those local authority areas where freedom camping is not allowed;
Permitted Areas: those local authority areas where freedom camping is allowed, subject
to restrictions.
In respect of the latter areas, it is important to note that under the Act, freedom camping is
permitted in other local authority areas provided these areas are not subject to restriction or
prohibition under other legislation or a bylaw. The Bylaw’s Permitted Areas are therefore areas
that the Council is providing for freedom camping subject to restrictions.
In addition to providing for freedom camping, the Council operates some 10 Summer Camping
Grounds that are available for camping, subject to a permit and a fee, during the period in which
daylight saving is in effect (end of September to beginning of April). These grounds are registered
under the Campground Regulations 1985 and are not available for freedom camping in
accordance with the Act.
Summer Camping has been a long standing tradition in Gisborne for many years and was
previously referred to as freedom camping, prior to the Act. While this camping is required to be
self-contained in terms of water supply and a chemical toilet, Council services these areas through
rubbish collection, servicing of adjacent toilet facilities and monitoring/enforcement of permits.
A recent survey of summer camping users, undertaken by Council, identified almost unanimous
support for retaining the summer camping grounds and their management by Council, although
a range of concerns were identified including:

Enforcing rules/permits – some have permits, others do not – however, it was recognised
that enforcement can be difficult and lead to aggression and other problems;

Permits were expensive for short stays, as they are limited in the durations they can be
purchased for;
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


There is confusion between Summer Camping and Freedom Camping, particularly for
those from out of town;
Servicing could be improved in some areas, including the provision of recycling and more
frequent and reliable servicing for waste collection/disposal and toilet facilities;
Lack of monitoring, including effects of camping on dune systems and monitoring of
permits/use of areas – improve monitoring would lead to improved relationship between
council and campers.
Council is currently considering the responses from the survey and how it will respond to the
feedback that it has received. However, the unanimous support received for the Summer
Camping programme means that it is likely to be retained as currently operated, subject to
refinements.
3 Why Change the Current Bylaw?
Freedom camping is explicitly provided for in legislation. Demand for freedom camping is
increasing as visitor numbers increase, and the Gisborne District offers a unique beach camping
experience including along remote parts of the East Coast.
While freedom camping has social, recreational and potentially economic benefits, Council has
a responsibility to make sure that camping on Council land is well-managed to minimise risks to
public health, amenity, the environment, public access and amenity. Council regularly receives
complaints about the impacts of camping. Most complaints are about:

Risks to public health from inappropriate disposal of human waste and solid waste;

Inadequate provision of services for summer campgrounds particularly waste;

Effects of freedom camping on amenity;

Lack of understanding of local rules for summer camping and freedom camping.
In addition, it is also important to recognise that freedom camping, particularly where it is
“concentrated” in specific areas, could also affect the viability of commercial camping grounds.
Currently the bylaw provides for only three areas where freedom camping is encouraged,
although it is recognised that freedom camping occurs legally (and illegally) on other Council
land within the Gisborne District, including Gisborne’s urban area. The advantage of identifying
areas for freedom camping, albeit subject to restrictions, includes:





More certainty for freedom campers as to what areas are available for camping,
recognising that constraints, particularly those associated with private land ownership or
other legislation, can be difficult to identify;
Improved management of areas including servicing and monitoring and, where
necessary, enforcement;
Greater security for campers through more use of common areas;
The identification of areas that are in suitable and desirable locations;
The ability to impose reasonable restrictions that strike a balance between community
and freedom camper needs and expectations.
Accordingly, it is important for Council to take a considered approach to how freedom camping
is provided for and managed within Gisborne to meet the intent of the Act, accommodate
growth in tourism and visitors, while also managing the potentially negative aspects of freedom
camping as far as possible.
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4 What is the process for amending the bylaw?
Council has undertaken a consideration of options for freedom camping in Gisborne. This has
included discussions with both proponents of increasing freedom camping areas and parties that
have concerns about the potential effects of increased freedom camping to assist in ensuring
potential constraints/issues and possible additional areas for freedom camping have been
identified.
A draft of the amended Bylaw has been prepared by the Council for consultation in terms of
section 86 of the Local Government Act 2002. The amendment to the Bylaw will be made by the
Council as per section 11 of the Freedom Camping Act 2011.
The process
The timeframes
Develop the draft bylaw
Call for submissions on the draft bylaw
(using the special consultative procedure in
the Local Government Act 2002)
Hold a hearing for submitters who wish to
present to Councillors directly
Council sign off bylaw for
consultation 30 June 2016
Submissions
Open 7 July 2016
Close 4 August 2016
Hearings 14 September
2016
Adopt the bylaw
Council approval of
bylaw 29 September 2016
Notify the bylaw and effective date
Public notice in Gisborne
Herald 10 October 2016
(as per Council resolution)
Your involvement
5 What options have been considered?
For this review, Council has considered the following broad options for amending the freedom
camping bylaw:
Option 1: Status quo.
Retaining the Bylaw as is.
Option 2: Withdrawing the Bylaw’s Permitted Areas
Removing the Permitted Areas and relying on the Act to regulate freedom camping, other than
in prohibited areas.
Option 3: Increasing the areas available for freedom camping, subject to restrictions
Identify potential areas and qualitatively assess these against a range of criteria in respect of the
suitability and implications of the use of the site.
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Option 4: Utilise summer camping grounds for freedom camping
Deregister existing campgrounds; that is discontinue management of summer camping, and
convert to freedom camping. Council would stop providing services such as septage disposal
(other than for public toilets) and camping rubbish collection and instead would manage these
areas for freedom camping through the Bylaw.
Options Assessment
Option
Benefits
Drawbacks
Status quo
Lowest process cost
Few specific areas identified for freedom
camping
Servicing costs known and budgeted for
Does not provide for
demand/visitor numbers
increase
in
May get increase in freedom camping
focussed on unsuitable areas
Withdraw
Permitted areas
Less regulation
May reduce servicing costs
Reduce identified areas available for
freedom camping
Retains prohibited areas which are area
identified as inappropriate or unsuitable
for freedom camping
Would
remove
restrictions
potentially
increase
effects
community/environment
and
on
More difficult to manage and enforce
due to dispersed freedom camping
Less certainty for campers/residents as to
allowed areas for freedom camping
Likely increased incidence of illegal
freedom camping
Increase identified
areas
More suitable areas available for
camping across district and around East
Cape
Increased council servicing cost
Potential
economic
increased visitors
Potential impacts on commercial
camping grounds where new areas are
close by
benefit
from
Greater choice of camping options
Reduce incidence of illegal freedom
camping
Potential impacts on communities in new
areas
Potential
impacts
on
area
environment
if
not
suitable
appropriately managed
or
or
Greater restrictions in some areas (where
no restrictions currently exist)
Utilise
existing
summer camping
grounds
Existing expectation for camping in these
areas
Current summer camping regime highly
supported by community
Servicing cost already within budget
Loss
of
summer
camping
and
replacement with freedom camping
may result in conflict between campers
Sites identified and are suitable for
camping
Reduce incidence of illegal freedom
camping
Loss of revenue that supports servicing
Less certainty for campers
Potential greater restrictions imposed on
camping
Possible loss of economic benefit due to
change in use from
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6 What changes to the Bylaw is Council proposing?
Council is proposing to adopt Option 3 – increasing the number of areas identified for freedom
camping. Additional areas have been selected through a process of assessing sites that have
been identified by Council and other parties as potentially suitable for freedom camping against
a range of criteria. In part, these criteria have been used to minimise the potential drawbacks
that have been identified above for this option.
In summary, Council is proposing the following:

A change in terminology to refer to ‘restricted areas’, rather than Permitted Areas,
consistent with the Act;

Clarification regarding freedom camping in the Gisborne Urban Area and associated
restrictions;

An additional freedom camping area at Kaiti Beach;

Allowing some existing summer camping ground areas to be used for freedom camping
over the winter period;

Modifying and enlarging the existing freedom camping areas at Makarori and the Marina
Carpark to improve amenity, usability and clearer separation between freedom camping
and other users;

Retention of the existing prohibited areas, other than an adjustment associated with a
change to the location of the identified freedom camping area within the Marina
Carpark;

A new prohibited area on Kaiti Hill;

Retention of the existing restrictions and their application to the additional sites;

The adoption of additional restrictions that are specific to the new identified areas, to
ensure suitability of the sites and appropriately manage issues and constraints associated
with these areas.
In proposing these amendments to the bylaw, Council considers that the proposed amended
Gisborne District Council Freedom Camping Bylaw 2015 is consistent with the Act and the most
appropriate and proportionate way of promoting responsible freedom camping in the Gisborne
District while minimising negative impacts and the potential problems associated with freedom
camping.
All identified areas will to be subject to restrictions to appropriately manage issues, constraints and
potential negative impacts. In the Council’s view, these restrictions are consistent with the criteria
within the Act, being to:

Protect the area;

Protect the health and safety of visitors to the area; and

Protect access to the area.
The Council considers that the amended Bylaw is not inconsistent with the New Zealand Bill of
Rights Act 1990 and only seeks to impose justifiable and reasonable limits on people’s ability to
undertake freedom camping in the interests of reducing the impacts on the natural environment,
public health and safety, public access and the wider community.
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7 Reasons for restrictions
Council considers that the restrictions that applied to Permitted Areas in the 2015 Bylaw remain
valid for the reasons set out in the original Bylaw Proposal. An additional general restrictions,
and some area-specific restrictions, are proposed through the amended Bylaw, and these are
explained below.
Additional General Restriction
a.
Site must not be left in untidy or damaged state.
Reason: This restriction is considered appropriate to ensure that the areas are not damaged
or left in an unfit state for other people, consistent with the criteria in the Act.
Area-specific Restrictions
a.
Gisborne Urban area – Self-contained vehicle only, camping only between 6pm and 8am,
camping on formed areas only, no camping on reserves
Reason: These restrictions are considered appropriate to manage health and safety and
enable access to the area for other uses. The restriction on no freedom camping on reserves
reflects the Reserves Act, which does not allow camping on gazetted reserves. Reserve
areas where freedom camping is allowed have been specifically identified and provided
for through the other identified areas.
b.
Mokorori carpark, Marina carpark, Moto rest area – no change in restrictions.
c.
Kaiti Beach – Self-contained vehicle only, camping only between 6pm and 8am
Reason: This area is a formed carpark, similar to other existing carpark areas, and should be
subject to the same restrictions. It is considered that the additional restrictions are
appropriate to manage health and safety and enable access to the area for other uses.
d.
Tolaga Bay, Tokomaru Bay (north) – winter use only
Reason: The restriction on winter use is because these areas are not legally available for
freedom camping during the summer as they are summer camping grounds, registered
under the Camping Ground Regulations 1985, during the period of daylight saving.
e.
Kaiaua Beach – winter use only, no self-contained vehicles
Reason: The restriction on winter use is because this area is not legally available for freedom
camping during the summer as it is a summer camping ground, registered under the
Camping Ground Regulations 1985, during the period of daylight saving. The restriction on
no self-contained vehicles is applied due to concerns that winter access by self-contained
vehicles may damage the area and not allow sufficient time for the area to recover for
summer camping.
f.
Tokomaru Bay (south) and Doneraille Park – winter use only, self-contained vehicles only
Reason: The restriction on winter use is because these areas are not legally available for
camping during the summer as they are summer camping grounds, registered under the
Camping Ground Regulations 1985, during the period of daylight saving. The restriction on
self-contained vehicles only is applied to protect health and safety as they area are not in
close proximity to public toilets.
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Additional Prohibited Area – Kaiti Hill
Reason: This area has extensive heritage and recreational values and is one of the highestuse facilities in Gisborne City. Ngati Oneone has mana whenua over Titirangi and has
indicated that camping would be inappropriate on the site.
8 How can I have my say?
Submissions may be made on the Draft Amendment to the Freedom Camping Bylaw and these
should be received by the Council no later than 5pm on Thursday 4 August 2016.
Any written form of submission will be received and considered. Submissions can be via letter or
email and you can make your submission by:
POST TO
DELIVER TO
ONLINE
Freepost 65
To Customer Service desks at either
Freedom Camping Bylaw
Gladstone Road, Gisborne or
Complete the submission
form on our website:
P O Box 747
Te Puia Springs Service Centre
www.gdc.govt.nz
GISBORNE 4040
Please state in your submission if you want to speak at a Council hearing about your submission.
Submitters should note that their submission will be copied and made available to the public after
the submission period closes.
9 Where do I get copies of the Draft Freedom Camping Bylaw?
The draft Amended Freedom Camping Bylaw 2016 and this proposal are available from the
following locations:
Gisborne District Council
Gladstone Road
Gisborne
Te Puia Springs Service Centre
Te Puia Springs
HB Williams Memorial Library
Peel Street
Gisborne
Gisborne District Council website
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