CAMPING THE KIWI WAY

There are parking bylaws and nationwide reserve laws that continue to affect freedom camping in Queenstown this summer, but the years-long prohibitive bans are gone from Queenstown Lakes District. The national law requiring freedom campers to be validly certified as self-contained still applies.

After a lengthy legal battle Queenstown’s freedom camping bylaw has been judged invalid.

“In the latest decision Justice Osborne, in the High Court in Invercargill, has declared QLDC’s decision to adopt its 2021 bylaw was invalid due to the unlawful influence and consideration of irrelevant matters, namely the economic impact on commercial campgrounds and the effects on private property values/amenity.” (NZMCA)

The law states that freedom camping is “permitted in any local authority area”, though bylaws can restrict or prohibit freedom camping, they can only do so for specific purposes at specific places in response to a problem. 

“11 (2) A local authority may make a bylaw under subsection (1) only if it is satisfied that—

(a) the bylaw is necessary for 1 or more of the following purposes:

(i) to protect the area:

(ii) to protect the health and safety of people who may visit the area:

(iii) to protect access to the area; and

(b) the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and

(c) the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.”

Freedom Camping Act 2011, 11

Restricting freedom camping also has to be “proportionate” to the problem, and “the most appropriate way” to address the problem. 

And, “for the avoidance of doubt” the law says: 

“12 Bylaws must not absolutely prohibit freedom camping

(1) A local authority may not make bylaws under section 11 that have the effect of prohibiting freedom camping in all the local authority areas in its district.”

Freedom Camping Act 2011, 12

The council has not yet decided if it will appeal the decision.

The decision means there are legal costs it will need to meet for the challenger, NZMCA, and more costs if it appeals and loses yet again. It is also unclear as yet if the council will be obliged to refund any fines imposed under their invalid bylaw. The council maintains it was a valid bylaw right up until the moment the High Court said it wasn’t valid.

In spite of two legal battles about freedom camping, the QLDC Chief Executive Mike Theelen strangely, still, seems to be unacquainted with the law. He still seems to believe that a general ban with a very few exceptions is legally acceptable.

In the council response (24/9/24) to the court ruling:

• he says: “The Freedom Camping Act permits freedom camping on some public land, unless restricted or prohibited by a bylaw.” [emphasis mine] Accessed 29/10/24 ckw.nz/queenstown-response 

• the law says: “Freedom camping is permitted in any local authority area, unless it is restricted or prohibited…” [emphasis mine] Freedom Camping Act 2011 10 (1).

If the council doesn’t take the time and effort to actually look at the law itself (rather than the bits that have been fought and lost in court), it may be heading for a new round of expensive legal battles. It has begun the process of creating a new bylaw for 2025, which cannot be done before the summer is over.

So in the meantime, this is the summer to explore the Queenstown Lakes district without the worry of their bounty-hunter-enforcers. ◊ 

“We warmly welcome responsible campers to our district” says the Queenstown chief executive and here I am at one of their very few freedom camping spots, Red Bridge, 81km from Q’town, on a busy corner of SH8a.

(Above, from Google Street View. Below through my windscreen.)

A fine scenic view of road signs, with free road entertainment as the trucks grind up the hill from the sharp corner. Not what I would call a ‘warm welcome’. 81km!

Images ©2024 M Richardson