The New Zealand Motor Caravan Association has won the legal action it initiated in the High Court against the Marlborough District Council’s Responsible Camping Control Bylaw 2020.
In her 59-page decision, Justice Grice found the Council had breached its consultation obligations by introducing a ‘blanket rule’ that prohibited freedom camping in all local authority areas save for five designated sites. Her Honour affirmed consultation is not just a process, it exists to promote fair decision-making and interested parties (like the NZMCA) should have fair input into that decision-making.
Her Honour also ruled the Council had failed to demonstrate the blanket rule was ‘appropriate and proportionate’ in accordance with the Freedom Camping Act 2011. The Court could not find any genuine attempt from the Council to undertake the scope of site analysis required by the Act.
In light of those rulings, Justice Grice has ‘granted relief’ by removing the blanket rule from the bylaw, which means it no longer prohibits freedom camping across the district.
While welcoming the High Court decision, NZMCA CEO Bruce Lochore says it should not be a concern for the vast majority of the country’s local authorities.
“There’s always a bit of give and take, but many councils are already meeting the requirements of the Freedom Camping Act 2011 in drafting their bylaws.
“However Marlborough is one of just two or three outliers who, for their own reasons, refuse to follow best practice and do what other councils have done.”
Bruce says initiating the High Court action ‘wasn’t our first, second or even our third option’ – the Association had tried to work constructively with Marlborough since way back in 2012 when they were one of the first local authorities in New Zealand to adopt a new bylaw under the Freedom Camping Act 2011.
“In the years since, we have consistently taken issue with Marlborough’s bylaw as it places widespread and unreasonable limitations on the ability for our members in Certified Self-Contained vehicles to freedom camp across the district,” he says
“The final straw was their 2020 bylaw, which was far more prohibitive towards CSC vehicles than any previous edition.
“It explicitly prohibited freedom camping unless allowed in just five designated areas – which departed from Parliament’s expectations and Local Government New Zealand’s advice to its own membership.”
Bruce concluded by saying: “It’s very disappointing that we have had to go to these lengths to get Marlborough District Council to do what they have known they should do all along.”
