Probably need to take a big picture view here, as well as some first principles.
The FCA (s. 10 (b)) says that FC is permitted in any local authority area unless restricted or prohibited by an FCA bylaw (s. 11) or by some other enactment. (my emphases).
Hauraki DC's FCA bylaw only prohibits FC (Schedule 10) at one site (southern Ray's Rest). It only restricts FC (Schedule 11) at northern Rays Rest (CSC only, 2 night maximum per month).
In addition camping is prohibited on all council reserves in the district due to the conditions of their reserves management plan (Reserves Act - another enactment). This is the issue currently being reviewed.
By definition (S. 10 FCA) FC is permitted on all other council land in the district (roads, streets, etc), subject to S. 10 (b). But clause 2.5.1 (b) of the Part 3 Public Safety Bylaw (made under the Local Government Act - another enactment) states that no person shall:
"b) camp in an area not set aside for that purpose for a period exceeding one overnight stay in any one calendar month." (my emphasis).
So you can camp on those other council places (excluding reserves), but for 1 night only. I would opine that the council can't use the infringement fee provisions of the FCA for this particular clause though, as it isn't made under the FCA.
The issues of the camping sites supposedly restricted under the list of dump stations in both the bylaw and the council's FC policy appears not to be authorised by any bylaw and in my opinion, appears to have questionable legal validity. Note that the bylaw states after the end of Schedule 11:
"List of Dump Stations within the Hauraki District
(Please note that this list does not form part of the bylaw and is for information
purposes only.)" (my emphasis).
Regardless of what the policy says, it will always be trumped by the bylaws.
In summary, camping in the Hauraki District is probably not quite as limited or prohibitive as it might first seem. But it is still quite restrictive due to the overlapping controls under the Reserves, LGA and FC acts. It is also a matter of opinion if this is a reasonable use of the LGA to trump the FCA.
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