New rules adopted for freedom camping in Nelson
Tuesday, 5 September 2017
Sprawling makeshift campsites in inner city carparks will be off the cards in the Nelson this summer.
The Nelson City Council has adopted its freedom camping bylaw, which will be enforced from December 1.
Among the provisions in the bylaw is a ban on non self-contained vehicles in the central city, directing them to official campgrounds and private accommodation facilities.
The bylaw allows people to freedom camp in certified self-contained vehicles, including motorhomes, but restricts where they park overnight, how long they can stay, and requires them to confine their vehicle and possessions to one carpark.
What's changed
More than 200 submissions were received on the draft bylaw, particularly regarding where self-contained vehicles should be allowed to park.
Following consultation, the council did further site assessments at two proposed areas - Centennial Park and Paddy's Knob - and agreed they weren't well-suited for often-large self-contained vehicles.
The other major changes are:
Extra carpark allowances for self-contained vehicles at both Buxton and Montgomery carparks
Removing DOC and NZTA reserves from the bylaw
Defining 'night' as 10pm to 7am (when freedom camping is allowed)
Possessions need to stay within one single car park space, or within 1 metre where the carpark space isn't defined
Councillor Kate Fulton requested two explanatory notes be included - one stating where those in non self-contained vehicles would be directed, and one about how council officers would deal with homeless people sleeping in cars.
She had ongoing concerns about how the bylaw might affect the homeless community in Nelson.
The explanatory note is aligned with an enforcement provision in the City Amenity Bylaw - where a person is homeless, council officers will work with social agencies.
Cr Matt Lawrey asked several questions of interim chief executive David Hammond as to how this would work in practice.
Hammond said while conversations with social agencies about homelessness were continuing, there would be a system established for sharing information and assessing what help could be offered in each case.
He said those sleeping in cars due to homelessness 'wouldn't be treated as an infringement to the freedom camping bylaw'.
How will it be enforced
Council officer Chris Ward said the council's general approach will be around 'education not infringement', giving people the chance to 'do the right thing' before infringement notices and fines were issued.
Clamping won't be used, given it could be move within the realms of a breach of the Bill of Rights Act's provisions for freedom of movement.
A large part of council discussions focussed on when campers would be required to leave inner city carparks - whether it should be 7am or 8am.
Deputy Mayor Paul Matheson said the town started to 'come alive' by 7am, while Cr Gaile Noonan said a 7am requirement would ensure that campers were packed up and gone before 8, allowing shop owners space to get to work during the pre-Christmas busyness.
However Cr Fulton, along with Mayor Rachel Reese and Cr Mel Courtney, felt 8am was more appropriate given it was not so early, and aligned with the 8am parking regulation.
The council voted to keep the enforcement time to 7am, in line with both Tasman District Council and the draft bylaw it consulted on.
Those who attempt to camp in vehicles that don't have self-contained certification, or who attempt to camp where it's not designated, will be subject to a $200 fine.
Hammond said there would be regular patrolling by council officers to ensure compliance.
What councillors said
Mayor Reese said, when discussing the timing of the morning restriction, the bylaw was designed to be 'welcoming'.
'We have to remember, and we have the statistics and I take you back to the strategic plan, that self-contained motor homes and the tourists and people that have those are actually quite good spenders and you just might like them in your city…'
No councillors spoke against the bylaw and it was passed unanimously.
In a statement following its adoption, Reese said it was a 'great achievement' for the council.
'This bylaw provides the tools we need to manage the summer influx of freedom campers and the effect they can have on our environment, other visitors and on those living and working here.'
Where can people 'freedom camp'
Vehicles that are fully self contained can park at the following places:
Wakapuaka Reserve carpark (maximum three vehicles)
Maitai Cricket Ground carpark (maximum two vehicles)
Haulashore Island (tenting with prior council permission)
Queen Elizabeth II Drive gardens (in available defined carpark areas)
Trafalgar Park - Haven Foreshore (maximum four vehicles, northern Kinzett Tce area)
Buxton carpark (maximum 23 vehicles)
Montgomery carpark (maximum 25 vehicles)
Wakatu carpark (maximum 20 vehicles)
Oyster Island (tenting with prior council permission)
Isel Park carpark (maximum three vehicles in defined carpark areas