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New Zealand law explained for everyone

Freedom Camping Act 2011

Enforcement, miscellaneous, and transitional provisions - Proceedings

26: Who proceedings may be commenced against

You could also call this:

“Who can get in trouble for breaking freedom camping rules?”

If someone breaks the freedom camping rules, they can get in trouble. The authorities can take action against different people depending on the situation.

If you are the person who actually broke the rules, they can take action against you.

If a car or other motor vehicle was used when the rules were broken, they can take action against the person who owned the car at that time. The owner is the person listed in the official records under Part 17 of the Land Transport Act 1998.

If any other kind of vehicle was used when the rules were broken, they can take action against the person who had the right to use that vehicle at the time, even if they shared that right with someone else.

These rules about vehicle owners or users apply no matter who the person is. It doesn’t matter if they are an individual person or not, if they were driving the vehicle, if they were in charge of the vehicle, or if they were just using the vehicle at the time.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3742885.

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25: How proceedings commenced, or

“How legal action starts if you break freedom camping rules”

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27: Who may serve infringement notices, or

“Who can give out tickets for breaking freedom camping rules”

Part 3 Enforcement, miscellaneous, and transitional provisions
Proceedings

26Who proceedings may be commenced against

  1. Proceedings for an offence may be taken against 1 or more of the following persons:

  2. the person who allegedly committed the offence:
    1. if a motor vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998:
      1. if a vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle (whether or not jointly with any other person).

        1. Subsection (1)(b) and (c) apply whether or not the person, at the time the alleged offence was committed,—

        2. is an individual; or
          1. was the driver of the vehicle; or
            1. was the person in charge of the vehicle; or
              1. was the user of the vehicle.

                Notes
                • Section 26(1)(b): replaced, on , by section 24 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).