Auckland Council's freedom camping bylaw decision postponed by legal threat

Thursday, 20 June 2019

A proposed freedom camping bylaw has been deferred, as many people were upset by a loophole, meaning freedom camping could take place on roads, parks and reserves.

Auckland Council has delayed making a final decision on new freedom camping locations after a community group signalled it might launch legal action.

Hearings Panel chairwoman Linda Cooper said the panel's recommendations report would be postponed because of the legal threat - a decision supposed by Auckland Mayor Phil Goff.

Cooper said the panel would seek advice and complete its recommendations before reporting to the governing body.

Goff said councillors had listened to community concerns on the issue, adding: 'I want the issue deferred until council has got it right.'

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On Wednesday night, Goff defended freedom camping, stating, he himself had had done it 'responsibly' when he was younger.

He said not all freedom campers left rubbish and defecated in public.

If passed, the new bylaw would increase the number of freedom camping sites across the Auckland region, but more than 300 sites would be made off limits. Another 100 or so would have restrictions imposed.

General rules, with a two-night maximum stay clause and a requirement for all vehicles parked at freedom camping spots to be self-contained with a toilet on board, would apply to all designated sites.

While some people have welcomed plans to open up more freedom camping spots, concerns have been raised about the new bylaw.

Some residents are worried about the suitability of some planned sites, while others are concerned the new rules could accidentally target homeless people living in cars.

While the bylaw does not intend to further displace and penalise the region's swelling homeless population, a report to Auckland Council's Regulatory Committee in September last year showed it could do exactly that.

'The bylaw cannot make a distinction between someone who is on vacation in a vehicle and somebody who is living in a vehicle,' the report stated.

'This means that the bylaw will have the effect of preventing homeless people from staying for an extended period of time on sites scheduled in the bylaw.'

Public consultation on the bylaw began on December 3, 2018 until February 18, 2019 and public deliberations took place on April 4, May 29 and 31.