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Freedom Camping Act 2011

Where freedom camping permitted - Freedom camping in local authority areas

11B: Requirements relating to bylaws made under sections 10A to 11A

You could also call this:

“Rules for making laws about where you can camp in your vehicle”

When you make rules about freedom camping, you need to follow some important steps. These rules are called bylaws, and they need to be clear about where they apply.

You must show the area where the rules apply in two ways. You can use a map, or you can describe the place in words. If you use both a map and words, and they don’t match, the words are the ones to follow.

Before you make new rules, change old ones, or get rid of them, you need to ask people what they think. This is called the special consultative procedure. You have to follow the steps set out in the Local Government Act 2002.

You can make small changes or fix mistakes in the rules without asking everyone, but only if these changes don’t affect people’s rights or duties.

The rules can be about different things:

  • Areas of land owned by the New Zealand Transport Agency that are now managed by the local council
  • Places where freedom camping is not allowed or has limits
  • Areas where you can camp in a vehicle that doesn’t have its own toilet and water

When you make a decision about these rules, you need to tell everyone. You do this by putting out a public notice, which is explained in another law called the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS854518.

Topics:
Housing and property > Land use
Environment and resources > Conservation
Government and voting > Local councils
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11A: Bylaws permitting freedom camping in motor vehicles that are not self-contained, or

“Local councils can make rules about camping in vehicles without toilets”

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12: Bylaws must not absolutely prohibit freedom camping, or

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

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

11BRequirements relating to bylaws made under sections 10A to 11A

  1. A bylaw made under section 10A, 11, or 11A must define an affected area in either or both of the following ways:

  2. by a map:
    1. by a description of its locality (other than just its legal description).

      1. However, where a bylaw contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.

      2. The local authority must use the special consultative procedure set out in section 83 of the Local Government Act 2002 (as modified by section 86 of that Act) when—

      3. making a bylaw under section 10A, 11, or 11A; or
        1. amending a bylaw made under any of those sections; or
          1. revoking a bylaw made under any of those sections.

            1. Despite subsection (3)(b), a local authority may, by resolution publicly notified, make minor changes to, or correct errors in, a bylaw made under section 10A, 11, or 11A, but only if the changes or corrections do not affect—

            2. an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
              1. an existing status or capacity of any person to whom the bylaw applies.

                1. In this section,—

                  affected area means the following:

                  1. in the case of a bylaw made under section 10A, an area of NZTA land declared to be a local authority area:
                    1. in the case of a bylaw made under section 11, an area where freedom camping is restricted or prohibited:
                      1. in the case of a bylaw made under section 11A, an area where camping in a motor vehicle that is not self-contained is permitted

                        publicly notified, in relation to a resolution, means a resolution given in accordance with the requirements of the definition of public notice in section 5(1) of the Local Government Act 2002.

                        Notes
                        • Section 11B: inserted, on , by section 12 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).