Freedom camping organisation takes QLDC to court

Photo: ODT files
Photo: ODT files
New Zealand’s biggest freedom camping organisation is taking Queenstown Lakes District Council to the High Court, saying its effective ban on freedom camping is illegal.

The New Zealand Motor Caravan Association (NZMCA) alleges the council failed to provide areas where self-contained campervans could go when it adopted its current bylaw in November 2019.

However, council chief executive Mike Theelen said it had committed at the time to a further review within 18 months and was at present looking for suitable freedom camping sites.

Mr Theelen also disagreed there was a total campervan ban in the district.

NZMCA chief executive Bruce Lochore said the association signalled it would seek a judicial review when the bylaw was adopted, and only held off last year due to Covid-19.

Mr Lochore maintained the council had a statutory obligation to review the bylaw and assess sites throughout the district.

"The council clearly hasn’t done that, they’ve simply rolled over their existing bylaw and made it more prohibitive, without considering the impact on the vast majority of responsible campers."

He noted the judicial review, aimed at enabling responsible motor homers to freedom camp in the Queenstown Lakes district, ironically came at a time the resort was crying out for more domestic tourists.

"We never said [we want] a free-for-all, we’re not saying everywhere and anywhere.

"If they do a site assessment, if they do what they’re supposed to do, they will identify some suitable areas — they’re there, and so it’s not a big ask."

Mr Lochore claimed his association had engaged with the council 17 times over the issue over the past 10 years.

"You can only talk for so long before you actually just have to pull a trigger."

"We’re not asking for favours, we just want them to do it correctly."

The council had consistently shown "absolute contempt for proper process", he said.

Mr Lochore said it was costing his association hundreds of thousands of dollars to go down the legal route, "but at the end of the day our members expect us to do this".

Ironically, he said NZCMA and the council were on the same side in not welcoming vehicles that did not have onboard toilet facilities.

"But their prohibition doesn’t just affect them, they’ve taken a blanket [approach] across all freedom camping and, when it’s certified, self-contained vehicles, that’s just not appropriate."

Mr Theelen said NZMCA was aware the council was doing "a further and sort of fuller review of the freedom camping bylaw", with work under way to identify potential sites.

"But obviously they’re entitled to take proceedings in the interim if they want to."

Mr Theelen said the council wanted to strike a balance between "accommodating people who do want to camp, and do want to use motor caravans, and the obvious community concern about one end of that motor caravan spectrum".

That involved issues such as overcrowding, fouling and poor behaviour.

He stressed freedom camping had not been banned.

"We continually allow for freedom camping in parts of the district."

So too did Department of Conservation and Land Information NZ, he said.

"So we think we are making provision, and I suppose that’s where we have a difference of opinion with the association."

The council wanted to work with NZMCA to achieve "an amenable outcome", Mr Theelen said.

 

 

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