Court rules Queenstown council's freedom camping bylaw ‘invalid’

Tuesday, 24 September 2024

Restrictions on freedom camping in the Queenstown and Wānaka areas have been ruled invalid by the High Court.

The New Zealand Motor Caravan Association Incorporated (NZMCA) filed a judicial review objecting to the Queenstown Lakes District Council’s Freedom Camping Bylaw 2021 with the High Court.

In a just released decision Justice Robert Osborne declared the bylaw invalid.

The bylaw restricted freedom camping to only one area in the district, situated at Red Bridge, near Luggate, the decision said.

The council’s decision to ban freedom camping in all other parts of the district was wrong because it included the property values and the amenities of surrounding properties as considerations, it said.

Council chief executive Mike Theelen said the decision was disappointing.

The council had responded to overuse of freedom camping areas by a large number of campers and anti-social behaviour, in recent years and it had affected communities and the environment, he said.

Theelen said the bylaw sought to balance national legislation with the needs and expectations of campers and 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 was now considering how it would manage camping over the summer, including providing more information and signage for freedom campers.

No decision had been made on whether to appeal the judgement and work had already started to review and develop a new Freedom Camping Bylaw for the district, he said.

However, NZMCA chief executive Bruce Lochore was not celebrating a win and said the council had jumped the gun with its press release.

“Yes, the court has ruled QLDC’s 2021 Freedom Camping Bylaw is invalid, but they have yet to determine what that means,” he said.

During the case council lawyers sought and were granted time to make submissions to the court in respect of relief if the court ruled their bylaw was invalid.

That had not yet happened and therefore the final outcome was yet to be determined by the court, Lochore said.

The NZMCA represents the interests of about 116,000 members, and lobbied on their behalf to protect their ability to freedom camp in certified self-contained vehicles.

The council said that without the bylaw many freedom camping restrictions have been lifted.

However, some other restrictions applied, it said in an information sheet.

Traffic and parking restrictions around built-up areas still applied and vehicles must be certified self-contained, with a toilet and enough fresh and wastewater storage for three days without getting more or dumping waste.

Public reserves had specific restrictions on temporary and permanent accommodation.

Public land, including the plants, animals, soil and water, must never be damaged.

“Safety rules and common sense still always apply, and people should never freedom camp in a place that is unsafe to themselves or other people, or in a way that interferes with public access,” the information sheet said.