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The Queenstown Lakes District Council’s decision to adopt the Freedom Camping Bylaw 2021 has been ruled invalid, following a judicial review challenge by the New Zealand Motor Caravan Association.
The main focus of the NZMCA challenge was on Council’s alleged consideration of irrelevant matters being the effects of freedom camping on neighbouring areas. The High Court ruled that these were irrelevant considerations.
QLDC chief executive Mike Theelen says the decision was ‘disappointing’ for Council and its communities.
“We are a tourist destination and we warmly welcome responsible campers to our district.
“But over the years we’ve had to respond to overuse by a large number of freedom campers and very anti-social behaviour by some, which has affected our communities and environment,” he says.
“The Freedom Camping Act permits freedom camping on some public land, unless restricted or prohibited by a bylaw. Our bylaw was adopted in December 2021 and took on board learnings from the earlier judicial review proceedings, also brought by NZMCA on the 2019 bylaw. It sought to balance national legislation with the needs and expectations of campers, and our local communities.
“We have consulted extensively with our community on this contentious topic and received strong feedback that the inconsiderate actions of so many freedom campers created a very negative experience for locals and other visitors alike. While we acknowledge this was not true of all freedom campers, the impact of some on the community has been serious.”
The Council is now taking some time to understand the judgement and determine next steps for managing camping over the summer. This will include providing more information and signage for freedom campers.
Meanwhile, work has already begun to review and develop a new Freedom Camping Bylaw for the district, as part of its usual review timeframe.
Mike says the decision by the Court had provided valuable insight into the factors that Council can take into account when making the new bylaw and the extent to which Council can respond to community sentiment.
“We expect the NZMCA to continue to advocate for freedom camping and hold councils to a strict application of the freedom camping laws. This is the challenge ahead of Council as it develops a new bylaw,” he says.
More information about the Freedom Camping Bylaw Review process and a set of Frequently Asked Questions can be found online here.
