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Each council makes its own choices

But I am not freedom camping…

Miriam Richardson

We are in a time of transition, as councils try to work out how to apply and enforce the new freedom camping laws. They are each doing it in their own way, so there is no consistent advice for campers around the country as a whole.

The law gives councils no criteria to judge what counts as a ‘day-trip excursion,’ ‘temporary and short-term parkingor how a person can establish they have driver fatigue,’ all of which are, the law says, not feedom camping. There is also a new offence, making preparations to freedom campin a place where freedom camping is not allowed. The law says that this means to park a motor vehicle to use it for freedom camping or to erect a tent to use it for freedom camping.  (Freedom Camping Act 2011, 20, 1 (f)(g), & 2)

The impossible thing with this, is that there is no way to know a person’s intentions. Are they parked to freedom camp, or are they parked on a day-trip, which is not freedom camping? They often look identical in real life.

Each council makes its choices when it trains its enforcement officers: what criteria determines ‘freedom camping’ or ‘preparing to freedom camp’; how to recognise a ‘day-trip excursion’ vs ‘preparing to freedom camp.’ There is no way for the traveller to know in advance what criteria any particular council is using.

What to do if you fall foul of a council’s criteria? 

First, write in to the council and explain your actions and intentions. If they still assert you were freedom camping or preparing to freedom camp, seek support from camping/motorhoming groups such as All Points Camping or NZMCA. 

Their support may make a difference as you decide between the personal costs of fighting vs the dollar cost of the fine. ◊

 

Next issue we will explore these issues in more detail.

I would love to hear about your summer experiences: editor@campingthekiwiway.org

Image: Looking over the Pohangina Valley from a freedom camping spot on Valley Rd. Manawatu ©2024 M Richardson

10 summer 2024

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