Discussions about the risks of losing the right to freedom camp and how to counter these.
 #121899  by Mark
 Tue Dec 13, 2016 9:00 am
Bylaw (LGA ie not FCA):
5.4 Freedom Camping and Lighting of Fires
(a) No person shall camp (other than at a camping ground) within 20m of a motor vehicle
accessible area or mean low-water springs line of any sea or harbour, or on or within 200m of
a formed road
or a Great Walks Track, using 1 or more of the following:
(a) a tent or other temporary structure
(b) a caravan
(c) a car, campervan, house truck, or other motor vehicle
For avoidance of doubt the above means no camping is permitted closer than 200m to the above
mentioned areas.
(my emphasis)

So, pretty hard to imagine there are any accessible areas within 200m of a formed road.
This equates to a blanket ban.

Policy:
We have four great locations for
you to camp.
• Te Ahiaua (Pipi Beds)—SH 2
• Hukuwai Recreation Reserve—
SH 35
• Te Kaha Recreation Reserve—
Maraetai Bay SH 35;
• Hoani Waititi Memorial Reserve—Ōmaio
Beach Rd.

OTHER LOCATIONS
If you’re looking for locations closer to the
CBD to enjoy the proximity to shops,
supermarket and cafés we recommend
the following places:
• Moody Place Carpark
• The Opotiki Wharf
• Memorial Park Carpark.
My "star" rating (testing the waters here): 3 star
pluses:
they do allow overnighting in town;
they have 4 rural sites with (apparently) no time limit (although I can see some of our members taking advantage of this and thus forcing withdrawal of the favour)
their bylaw, being LGA, has no instant fine provision.
minuses:
Their default position is a blanket ban.
 #121902  by Mark
 Tue Dec 13, 2016 11:03 am
An email from councils reveals that they don't realise that their bylaw creates a blanket ban.ie
(a) No person shall camp ... within 200m of a formed road ... using a campervan
Watch this space....
 #121904  by Mark
 Tue Dec 13, 2016 12:44 pm
I agree with you that wording isn’t great, we are reviewing our Bylaws next calendar year so we will be updating the wording to better reflect our intention.

Council is definitely supportive of Freedom camping and the intention is that the Bylaws applies to Council land outside of reserves, therefore as long as people are not blocking accesses or parked close to roads (from a Health and Safety point of view) that is fine.

The reserves are outlined in the pamphlet that you have and are the areas that we promote as being really good places to camp.

State Highway land is owned by NZTA and they have no bylaws to restrict use of their land therefore it is our view that the Public Places Bylaw does not cover this land, the other land that you may be keen to park on is in DOC ownership and their campsites are covered in the pamphlet.
Not sure that that is enough to give them an extra half star..?
 #121906  by NZMCA RMC
 Tue Dec 13, 2016 3:25 pm
Hi Mark,

We worked quite closely with the council on their bylaw review. I have trawled back through my emails in 2014 and the wording should have looked something like this...

5.4(a) No person shall freedom camp within 20m of an entranceway to a motor vehicle accessible area.

Note: for the avoidance of doubt this bylaw is intended to prevent freedom campers from blocking motor vehicle access to a local authority area.


My contact in council (who may be the same person you have been dealing with) has confirmed they will look into why the wording is incorrect. The council officer has asked me to assure members that the 200m prohibition is not what the council intended.

Will see how things progress from here. I do recall the council only intended to prohibit freedom campers from blocking accessways.

Cheers,
James
 #121907  by Mark
 Tue Dec 13, 2016 4:02 pm
Pity they got it so wrong.
The council officer has asked me to assure members that the 200m prohibition is not what the council intended.
Wonder how you intend to do that ;)
 #121922  by Nut17
 Tue Dec 13, 2016 8:48 pm
It may well take some time Mark, but it does appear that we may be making some sensible headway in some of these areas. :TU

Cheers
Chris
 #124526  by DavesNZ
 Tue Feb 21, 2017 6:34 pm
I don't get how they can say in the Opotiki DC they can have the following -

5.4 Freedom Camping and Lighting of Fires
(a) No person shall camp (other than at a camping ground) within 20m of a motor vehicle
accessible area or mean low-water springs line of any sea or harbour, or on or within 200m of
a formed road or a Great Walks Track, using 1 or more of the following:
(a) a tent or other temporary structure
(b) a caravan
(c) a car, campervan, house truck, or other motor vehicle
For avoidance of doubt the above means no camping is permitted closer than 200m to the above
mentioned areas.

And yet the Opotiki District Campsite Map 2016 says -

"You'll find four places along the Opotiki coast where you can freedom camp, free of charge.
To use these campsites you must have fully self-contained toilet facilities"

despite the fact that there is no mention of "self-contained" in the bylaw.

I have been looking at a lot of freedom camping bylaws and brochures over the last couple of weeks and
it seems what councils do best in regard to freedom camping, is to cause a great deal of confusion over things
that should not be that difficult and by that I am talking about most district councils not just this one.
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