Today a number of outdoor recreation groups have come out in support for renewed calls being made by Responsible Campers Association Inc for an enquiry into freedom camping in New Zealand.

The renewed call comes after the High Court in Blenheim released its Judgement in NZMCA vs Marlborough District Council last December, (https://tinyurl.com/ta2fb7mv ) which clarified the need to consider both legislation and the ‘intent’ of legislation when Councils make, revoke, or amend Freedom Camping Bylaws, as well as highlighting requirements to undertake public consultation, while also being open-minded during reviews, that any existing restrictions continue to be the most appropriate and proportionate way of addressing ‘proven’ problems.

It has been noted, that some restrictions used by Councils, like the use of the voluntary NZStandard 5465 (self containment), were inserted into Bylaws without going through the required public consultation. Such public consultation would have raised alarm bells about its use, as it had been strongly lobbied for inclusion into the Freedom Camping Bill which was unsuccessful. Such unlawful infringements are therefore able to be dealt with by Law Courts under the Bylaws Act 1910 (sec 17).

Any consideration to give the self containment standard legal status, as proposed by Tourism Minister Stuart Nash, needs to be reconsidered in light of the High Court decision and also alongside other new information constantly being discovered.

Spokesman for Responsible Campers Association, Mr Bob Osborne, states “We have been the leader of solutions for freedom camping issues for some years now.

Having developed the responsible campers education and accreditation program, alongside other stakeholders, we now have a majority of Councils supporting that program formally and informally. Additionally it is a program which anyone can comply with - not just those in RVs (- the only group able to be certified as meeting the requirements of the NZStandard for self containment).

Both accredited responsible campers, Councils, Community boards and other stakeholders, can take pride in a program which is inclusive, and where campers are tested to ensure their personal understanding of the principals and expectations of freedom camping. The value of educating freedom campers is now well-established, since we highlighted the need for it in early 2018, with the establishment of Tiaki Promise and camping ambassadors programs.

The only representative of freedom campers elected onto the Governments working group, actively opposes the inclusion of groups they know do not support their ongoing promotion of certified self containment - that is NOT democracy. The High Court Judgement has left the self containment certification program ‘wanting’, even after numerous legal opinions commissioned apparently supporting its use by Councils and others.

hile some groups suggest a breakdown in the effectiveness of the voluntary NZStandard for self containment is due to fake blue stickers and other groups undermining the NZ Standards requirements, the reality was exposed last year when a number of Official Information applications were made to numerous Government Departments requesting evidence of any lessened health risk by Certified Self Contained campers (a reason often quoted by Councils for including it in Bylaws), or any other benefit - none was able to be provided after over 30 years of the NZ Standards existence.

The High Court also clarifies that Councils need to constantly assess any restrictions, or prohibitions to ensure they meet the “appropriate and proportionate criteria” of both the Freedom Camping Act and New Zealand Bill of Rights Act. In so doing they also have to ensure an understanding of the legislation's ‘intent’ and give it legislative consideration.

Responsible Campers Association Inc, has previously called not only for a enquiry into the history of New Zealand’s freedom camping problems, but also that an advisory board be set up to advise Councils and other stakeholders about what they can and can not do under the freedom camping legislation. Currently such advice is usually supplied via Local Government New Zealand who largely rely on a ‘preferred partner’ (an RV organization) to clarify issues around freedom Camping, many opinions given therefore tend to be skewed towards that groups own vested interests, something the High Court also helped clarify in its decision”.

An enquiry into the past failures of freedom camping rules and claimed solutions, has to be undertaken prior to changing legislation with the aim of resetting freedom camping in New Zealand. Tourism Minister Stuart Nashs proposals in giving legal status to a failed 30 year old NZStandard is NOT going to achieve that target. All any such proposals will do, is to cause “Civil disobedience” as freedom campers have had enough of being used as scrape goats by Councils and regulators around New Zealand.

Does the Minister even know there is legislation in NZ that gives a legal defence to the offence of urinating or defecating in a public place?

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