Official Information Request - Freedom Camping

Sent: Friday, 25 November 2022 2:17 pm
Subject: Official Information request - Freedom Camping

I refer to your Local Government Official Information and Meetings Act request of 28 October 2022 regarding Rotorua Lakes Council’s response to the legislative change currently proposed in Parliament regarding freedom camping. The Bill before Parliament relates to amendments to the Freedom Camping Act which sets out how and what can be done with bylaws to manage freedom camping. Rotorua Lakes Council (RLC) does not have a Freedom Camping Bylaw at this stage and consequently the amendments to the Act do not affect the management of freedom camping in the Rotorua District.

Bearing this in mind I provide the following responses to your questions:

• When will your new Councillors discuss all implications for your local Council land as well as NZTA land in your area if the Motor Vehicle Self Containment amendment to the Freedom Camping Act passes ?
  RLC does not have Freedom Camping Bylaws. Any discussion by Council on this Act will occur during any discussion if the Council decides to instigate Freedom Camping Bylaws. This is not currently on the Council schedule.
• Do you intend to comply with the new Laws (if passed) and apply these restrictions and designations to public land which you manage and NZTA land in your area ?
  Yes, when and if we complete a Freedom Camping Bylaw process.
• This Bill redefines what a self-contained vehicle is, and it must include a fixed, permanent toilet (not a portable toilet) so how does your Council currently define self-contained vehicles, if at all?
  We do not define/enforce any actions around self-contained vehicles.
• If this becomes law, HOW do you intend to apply it and monitor it?
  We will not apply or monitor the Act until we have a Bylaw.
• Do you have the time and resources allocated soon to review, consult and prepare appropriate Freedom Camping Bylaws and have these in place to apply the new law if it passes by March 2023?
  Not at this time.
• Have you approached NZTA to discuss collaboration with them over monitoring of their land to enforce the new Bill if it passes, as your district's NZTA land will be included in the new Act?
  Not at this time.
• Did you meet the deadline for Transitional Funding applications to provide the resource and funds to review or create the necessary Bylaws (- MBIE closed this on October 3) - https://www.mbie.govt.nz/immigration-and-tourism/tourism/tourism-projects/supporting-sustainable-freedom- camping-in-aotearoa-new-zealand/transition-fund-for-local-authorities/
  No.
• Do your bylaws enable non-certified self contained freedom camp sites, wherever there are toilet facilities to accommodate the thousands of willing freedom campers who will want to stay, but won't be able to stay at any Certified Self-Contained Restricted sites unless they can change their porta-potties for a fixed toilet ? Note 1.
  RLC does not have a Bylaw.
• Do you currently have freedom camping bylaws to match this major amendment in the Freedom Camping Act, or can you review and send out appropriate public consultation information immediately to amend your current ones, so that this new law can be implemented in your district?
  RLC does not have a Bylaw.
• Do your use contractors to ensure campers are certified self-contained in all restricted sites, who will be given adequate tutorial and information in how to apply the new law ( if it passes )?
  No RLC does not use contractors as we do not have a Bylaw.
• Are your enforcement officers also aware that vehicles will have a 2 year transitional period to meet any new standards of self-containment for freedom camping?
  Council does not have enforcement officers as we do not have a Bylaw.
• Does your community of motor vehicle camper owners have adequate access to members of the Plumbers, Drainlayers and Gasfitters Board who will be able to re-certify vehicles to meet the new standards?
  Council does not hold information on what access motor vehicle camper owners have to members of this Board.
• How do you ensure inspection, patrol, or monitoring officers are safe, and also ensure privacy and safety of the campers by not bullying campers, or shining torches into vehicles late at night, which may disturb and distress them? Do they monitor at reasonable hours of the day ? Note2
  Council does not have Freedom Camping monitoring officers as we do not have a Bylaw.
• Do you have a clear complaints policy for freedom campers who might receive incorrect infringement notices while the transition period and new Bylaws are being created?
  Council does not issue infringement notices as we do not have a Bylaw.
• Is your Council aware of the differences between self containment and 'certified' self containment? (See note 1 for understanding).
  Yes, although this does not apply to any management of Freedom Camping in our district.

You have the right to seek an investigation and review by the Ombudsman of this decision. The Ombudsman’s Office can be contacted by calling 0800 802 602, emailing info@ombudsman.parliament.nz, online at www.ombudsman.parliament.nz, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

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Regards