Homelessness and the Freedom Camping Act 2011

Concerned about the homeless people living in cars and tents I had to complete some research into how the Freedom Camping Act 2011 impacted on these people.

It became obvious early on that most Territorial Authorities were not in fact complying with the “intent” of the Act. As has been published by the New Zealand Motor Caravan Association (NZMCA) the intent of the Act “…was that the 2011 Act in fact secured the right of every Kiwi to freedom camp responsibly….” (*1).

The Act describes Freedom Camping as being by way of …. (a)a tent or other temporary structure: (b) a caravan: © a car, campervan, housetruck, or other motor vehicle. (*2).

By design, the Freedom Camping Act 2011 intends that these methods of Freedom Camping shall be protected for all Kiwi’s to enjoy. It is noted that many homeless persons (families included) have had to resort to living in both cars and tents and to a lesser degree caravans and motor homes.

The question that has arisen is where do these people actually stay in their cars, tents and etc? it being duly noted that “most” Freedom Camping Area’s provided by Territorial Authorities have a condition that“Only Certified Self Contained vehicles” may stay at that location. Self containment is not mentioned in the Act and therefore must be considered to not be in the intent of that Act.

Specifically a joint submission by Department of Conservation and the Internal Affairs Department on theestablishment of the Freedom Camping Act noted;

“"Theme: Vehicles and self-containment

Some submitters saw vehicles as central to the impact of freedom camping and proposed an answer was to limit freedom camping to self-contained vehicles.

Several submitters considered that those in self-contained vehicles (for instance, vehicles that meet the New Zealand Standard for Self-contained Motor caravans and Caravans, NZS5465:2001 (the NZ Standard)) should be treated as being in a separate class from other freedom campers. Some consider that the Bill should not apply to self-contained vehicles and argue that these do not cause a problem with waste discharge.

Operators of self-contained vehicles (especially certified selfcontained vehicles) are, in the view of some submitters, unfairly targeted and should be exempt where it is otherwise lawful to park.

Alternatively, some submitters note that the adverse impacts of freedom camping are not confined to those in non-selfcontained campervans. It was pointed out that the type of vehicle does not dictate the occupant’s attitude to the environment.

Approach taken in the Departmental Report

Officials recognise the importance of local land managers (DOC and local authorities) making decisions that are relevant to their sites and their communities and do not recommend that the Bill impose particular treatment for self-contained vehicles.

Whilst acknowledging that the existing self-containment certifying system is a useful tool that land managers may wish to utilise, officials are of the view that it is for local authorities and DOC, in consultation with their communities, to implement solutions that suit the local situations.

Officials propose a new offence in recognition of the more serious harm to the environment where large volumes of human waste are inappropriately discharged, including the large volumes carried by some self-contained vehicles. This primarily relates to self-contained vehicles, and it is recognised that such vehicles are only as environmentally friendly as the people who operate them".(*3)

As was noted in the above submission these vehicles are only as environmentally friendly as the persons that operate them, (as with any form freedom camping may take) and that the large volumes of human waste carried by these vehicles could cause serious harm.

It is noted that the New Zealand Motor Caravan Association (NZMCA) also made submissions to the Government directly regarding the Freedom Camping Act on behalf of their ‘claimed 42000 members’ (as of June 2011). They failed at any level to have the “Self Containment” of Motorhomes (mostly owned by their own members) acknowledged within the Freedom Camping Act 2011(*4) This would have had the result of only allowing the right to Freedom Camp to those with Self Contained Motorhomes. (Not the intent of the Act). By NZMCA’s own admission cars, tents, slide on type camper boxes and etc are unable to be Certified as self contained. When there submissions failed to gain any headway NZMCA decided to pressure Territorial Authorities directly to “ban” non self contained vehicles from these area’s, is that really fair to all kiwi’s and their right to freedom camp? Currently with the greater Wellington area there are no Freedom Camping sites provided by Territorial Authorises open to non self contained vehicles, tents or people living in cars.

So where does that leave our homeless people? Essentially with no where to live. Certainly in area’s of Greater Wellington, Territorial Authorises hire patrols to move on people in cars and tents from there Area’s by night. The same applies in other area’s outside of greater Wellington.

Would it in fact not be within the “intent” of the Freedom Camping Act 2011 to stop Freedom camping area’s being restricted to an elite few with their shiny white Motorhomes? (Certified as Self Contained) and therefore allow our homeless to take up residence there. I do note most freedom camping Area’s have restrictions on the length of time one can stay there so its not like they are going to take uppermanent residence.

Would it also not be practical for Territorial Authorises to stop bowing to pressure from aindependent organisation hell bent on getting its own way for the sole benefit of its members?

(1) Travel Directory (NZMCA 2015)

(2) Freedom Camping act 2011 Section 5(1)

(3) https://lookaside.fbsbx.com/file/Report%20of%20the%20Department%20of%20 Conservation%20and%20the.pdf?token=AWyq4Jp0Z5CezHGSNqbbWKfexixH7-9LWKTG-ocnPd1WoTi2cCLA8pI1G_MwJ2lJvsaUFAjdZGr-jK8-SKAwCJybfzcHe3p8c5TYUXJ8bFaT1p3fOxuk9HhvDn1YT50zv-IXxKDxs7yjHzgALAk9s_w5 ( you may need to log into Facebook to see this one)

(4) A condition of membership into the NZMCA is that members vehicles ‘must be’ certified as self contained within 3 months of joining. There is some exceptions e.g. if the vehicle is being built.

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