Part 1 Preliminary provisions
3Outline of Act
This section provides an outline of this Act and indicates its purpose and scope, but it does not limit or affect the application or interpretation of any of the individual provisions of the Act.
This Act regulates freedom camping on the following land:
- land controlled or managed by local authorities, including, in certain circumstances, land controlled or managed by the New Zealand Transport Agency under the Government Roading Powers Act 1989, the Land Transport Management Act 2003, the Public Works Act 1981, or the Railways Act 2005:
- land controlled or managed by the Department of Conservation under the Conservation Act 1987, the National Parks Act 1980, the Reserves Act 1977, or the Wildlife Act 1953:
- land managed or controlled by LINZ on behalf of the Crown under the Crown Pastoral Land Act 1998, the Land Act 1948, the Marine and Coastal Area (Takutai Moana) Act 2011, the New Zealand Railways Corporation Act 1981, or the Public Works Act 1981.
However, the powers of regulation under the Act do not allow for freedom camping to be prohibited on all land controlled or managed by a particular local authority
.This Act does not regulate freedom camping on private land.
Part 1 provides for preliminary matters and defines words and phrases used in the Act.
Part 2 has 3 subparts, which deal with the following matters:
- subpart 1: freedom camping on land under the control of local authorities, as specified in subsection (2)(a):
- subpart 2: freedom camping on land under the control of the Department of Conservation, as specified in subsection (2)(b):
- subpart 3: freedom camping on land under the control of LINZ, as specified in subsection (2)(c).
In Part 2,—
- subparts 1 and 2 permit freedom camping unless it is restricted or prohibited in accordance with the provisions of each subpart; and
- subpart 3 does not permit freedom camping unless it is permitted in accordance with the provisions of that subpart.
Part 3 has 5 subparts, which deal with the following matters:
- subpart 1: offences, defences, and penalties:
- subpart 2: how proceedings for an offence may be commenced and the persons against whom the proceedings may be taken:
- subpart 3: the appointment and powers of enforcement officers and matters relating to any property seized by an enforcement officer:
- subpart 4: miscellaneous matters:
- subpart 5: transitional infringement offence provisions relating to current local authority camping-related bylaws.
Notes
- Section 3(2): replaced, on , by section 4(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 3(3): amended, on , by section 4(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 3(6): replaced, on , by section 4(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 3(6A): inserted, on , by section 4(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).