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I can see no downside in being clear about my intentions
Imagine if other NZers had to justify their parking or risk a $400 fine every time they went to the shops or the beach.
I am not freedom camping’ cards
Miriam Richardson
We are now in a surreal world of peculiar freedom camping rules.
Every camping vehicle is now at risk of substantial fines, wherever it is parked, as the new offence of “preparing to freedom camp” is defined as “parking”. Well, literally, “park a motor vehicle to use it for freedom camping” (20 (2) (b)). Since the intention of the parking is not a visible thing, any parking of a camping-capable vehicle at a cafe, on the street, in a residential area, in a shopping area, at a reserve or a beach opens the driver (or owner) of the vehicle to the risk of a fine of up to $3,000.
There are 4 kinds of parking/overnighting/sleeping that the law says are NOT freedom camping.
“temporary and short-term parking”
“recreational activities commonly known as day-trip excursions”
“resting or sleeping at the roadside in a motor vehicle to avoid driver fatigue”
“unable to live in appropriate residential accommodation”.
There is no observable way to determine if the person is shopping, ‘day tripping’, temporary parking or short-term parking, undertaking a recreational activity, suffering from driver fatigue or a migraine, or homeless.
• “Temporary and short-term parking” looks identical to preparing to freedom camp. • “Recreational activities commonly known as day-trip excursions” look identical to preparing to freedom camp (awning/sun umbrella, chairs, table, BBQ, togs and towels out to dry etc). • Resting because of driver fatigue looks like resting or sleeping for any other reason. • The homeless live in their vehicles the same way as travellers do but aren’t restricted to designated areas, nor required to be certified self-contained.
The Ressponsible Cammpers Asociation has been selling window cards alerting anyone interested as to their freedom camping status.
These display cards make a clear assertion to enforcement officers, as to the intention of the parking.
I can see no down side in being clear about my intentions, so I think I will prepare some cards to put on my dashboard when I am parked but not freedom camping.
I am not freedom camping, I am recovering from driver fatigue, as allowed by the Freedom Camping Act 2011, 5, 2(c).
I am not freedom camping, nor am I preparing to freedom camp. I am on a day excursion, as allowed by the Freedom Camping Act 2011, 5, 2(b).
I am not freedom camping, nor am I preparing to freedom camp. I am shopping or short-term parking as allowed by the Freedom Camping Act 2011, sections 5, 2(a) and 2(b).
Homelessness is a whole other issue.
When it comes to freedom camping the definition of homelessness has been changed, presumably in an effort to exclude people who live on the road and do not have a residential address. If a person ‘is able’ to stay at a boarding house, campground, motel, hotel, hostel, etc, they are, by definition, not ‘homeless’ when it comes to freedom camping. What counts as ‘able’ or ‘appropriate accommodation’ is not defined.
Most living on the road would be excluded by this definition, though in places where the listed forms of accommodation are unavailable, they would, indeed, be homeless in terms of ‘freedom camping’.
I might add another card advising that I will contest any infringement notices; I haven’t quite decided about that yet. With such draconian laws falling on our heads, contesting notices in court may become necessary.
References:
Freedom Camping Act 2011 ckw.nz/FC-law
Homelessness: Freedom Camping Act 2011, 5, 2A (a)(b)(c)
Temporary parking: Freedom Camping Act 2011, 5, 2(a)
Day trip excursions: Freedom Camping Act 2011, 5, 2(b)
Driver fatigue: Freedom Camping Act 2011, 5, 2(c)
Articles in this issue on the freedom camping law changes:
7 Autumn 2024
, p
14