Freedom Camping Act 2011

Where freedom camping permitted - Freedom camping in local authority areas

13: Review of bylaws

You could also call this:

“Local councils must check and update their freedom camping rules regularly”

You need to know about how local authorities review their bylaws about freedom camping. A local authority must look at their bylaw within 5 years of making it. After that, they need to review it every 10 years. When they review it, they have to think carefully about whether the bylaw is still needed.

If the local authority thinks they should change the bylaw, get rid of it, or replace it with a new one, they have to follow certain steps. If they think the bylaw is fine as it is, they need to ask the public what they think about keeping it.

When they ask the public about keeping the bylaw, they have to show people a copy of the bylaw, explain why they want to keep it, and share any important decisions they made when reviewing it.

If a local authority doesn’t review their bylaw when they’re supposed to, the bylaw will automatically stop being valid two years after it should have been reviewed.

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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=DLM3886707.

Topics:
Government and voting > Local councils
Housing and property > Land use
Environment and resources > Conservation

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“Councils can't make rules that completely ban freedom camping everywhere”


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Part 2 Where freedom camping permitted
Freedom camping in local authority areas

13Review of bylaws

  1. A local authority must review a bylaw made by it under section 10A, 11, or 11A no later than 5 years after the date on which the bylaw was made.

  2. A local authority must review a bylaw made by it under section 10A, 11, or 11A no later than 10 years after the bylaw was last reviewed as required by subsection (1) or this subsection.

  3. A local authority must review a bylaw made by it under section 11 and to which subsection (1) or (2) applies by making the determinations required by section 11(2).

  4. If, after a review, the local authority considers that the bylaw—

  5. should be amended, revoked, or revoked and replaced, it must act under section 11B(3):
    1. should continue without amendment, it must use the special consultative procedure set out in section 83 of the Local Government Act 2002.
      1. For the purposes of subsection (4)(b), the statement of proposal referred to in section 83(1)(a) of the Local Government Act 2002 must include—

      2. a copy of the bylaw to be continued; and
        1. the reasons for the proposal; and
          1. a report of any relevant determinations by the local authority under section 11(2) of this Act.
            1. A bylaw that is not reviewed as required by this section, if not earlier revoked by the local authority concerned, is revoked on the day that is 2 years after the last date on which the bylaw should have been reviewed under this section.

            Notes
            • Section 13(1): amended, on , by section 13(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
            • Section 13(2): amended, on , by section 13(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
            • Section 13(3): amended, on , by section 13(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
            • Section 13(4)(a): amended, on , by section 13(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).