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Freedom Camping Act 2011

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

“Rules for changing from the old freedom camping law to the new one”

This schedule explains how the Freedom Camping Act 2011 will change over time due to the Self-contained Motor Vehicles Legislation Act 2023. It sets out a transitional period with four stages, lasting up to 2 years after the new law starts. During this time, different rules apply about what counts as a self-contained vehicle for freedom camping.

The schedule also covers how local councils need to update their freedom camping bylaws to match the new law. Councils can make some changes quickly without going through the usual consultation process. They can keep allowing non-self-contained vehicles in some areas during the transition period if they already had rules allowing this.

After the transition period ends, only vehicles that meet the new definition of self-contained in the main part of the Act will be considered self-contained for freedom camping purposes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS856022.

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“This part about describing camping offences has been removed from the law”

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1AATransitional, savings, and related provisions Empowered by s 9

1Provisions relating to Self-contained Motor Vehicles Legislation Act 2023

1Interpretation of this Part

  1. In this Part,—

    amendment Act means the Self-contained Motor Vehicles Legislation Act 2023

      commencement date means the day after the amendment Act receives the Royal assent

        existing standard means NZS 5465:2001 Self containment of motor caravans and caravans (as it read before it was modified by clause 5)

          modified standard means the existing standard as modified by clause 5

            transitional period means the period of time that—

            1. starts on the commencement date; and
              1. ends on the later of the following:
                1. the day before the date that is 2 years after the commencement date:
                  1. the latest date specified as the end date of period 4 by an Order in Council made under clause 3.

                Notes
                • Schedule 1AA clause 1: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                1Applicable standards for self-contained motor vehicles during transitional period

                Interpretation

                2Interpretation of this subpart

                1. In this subpart,—

                  period 1 means the period of time that—

                  1. starts on the commencement date; and
                    1. ends on the day before the date that is 6 months after the commencement date

                      period 2 means the period of time that—

                      1. starts 6 months after the commencement date; and
                        1. ends on the day before the date that is 1 year after the commencement date

                          period 3 means the period of time that—

                          1. starts 1 year after the commencement date; and
                            1. ends on the day before the date that is 18 months after the commencement date

                              period 4 means the period of time that—

                              1. starts 18 months after the commencement date; and
                                1. ends on the later of the following:
                                  1. the day before the date that is 2 years after the commencement date:
                                    1. the latest date specified as the end date of period 4 by an Order in Council made under clause 3.

                                  Notes
                                  • Schedule 1AA clause 2: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                  Extension of period 4

                                  3Regulations extending period 4 of transitional period

                                  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations specifying the end date of period 4.

                                  2. The end date of period 4 may be extended to a date that is no more than 4 years after the commencement date.

                                  3. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                  Notes
                                  • Schedule 1AA clause 3: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                  4Matters Minister must be satisfied of before recommending regulations be made

                                  1. Before recommending that an Order in Council be made under clause 3(1), the Minister must—

                                  2. consider, if relevant,—
                                    1. the number of persons who have to date been appointed as self-containment certification authorities under section 87C(3) of the Plumbers, Gasfitters, and Drainlayers Act 2006:
                                      1. the number of persons who have to date been appointed as motor vehicle inspectors under section 87T(1) of that Act:
                                        1. the number of motor vehicles that have to date been issued with a certificate of self-containment under section 87U(3)(d) of that Act:
                                          1. any other matters the Minister considers relevant; and
                                          2. consult any persons or groups that the Minister considers necessary or desirable to assist the Minister to make an assessment under subclause (2).

                                            1. The Minister may recommend that an order be made under clause 3(1) only if the Minister is satisfied that the order is necessary or desirable to allow sufficient time for—

                                            2. persons (other than rental companies) who own a motor vehicle that has not yet been issued with a certificate of self-containment to apply for a certificate of self-containment under section 87U(1) of the Plumbers, Gasfitters, and Drainlayers Act 2006; and
                                              1. self-containment certification authorities to carry out their functions under section 87U(2) and (3) of that Act.

                                                Notes
                                                • Schedule 1AA clause 4: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                Applicable standards for self-contained motor vehicles during transitional period

                                                5Existing standard modified

                                                1. For the purposes of this Act, the existing standard is modified on the commencement date as specified in subclause (2).

                                                2. Clause 6.1 of the existing standard is replaced with the following text:

                                                3. Minimum requirements

                                                  The motor caravan or caravan shall be equipped with a toilet that is permanently fixed to the motor caravan or caravan, in accordance with the manufacturer’s instructions.

                                                Notes
                                                • Schedule 1AA clause 5: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                6When motor vehicle is self-contained during transitional period

                                                1. During the transitional period, a motor vehicle is self-contained within the meaning of this Act if it is self-contained as that term is defined in—

                                                2. section 4; or
                                                  1. subclause (2).

                                                    1. A motor vehicle is self-contained if,—

                                                    2. during periods 1 to 3, the vehicle was certified, before the commencement date and in accordance with the requirements of the existing standard, as having met the existing standard; or
                                                      1. during periods 1 and 2, the vehicle is certified, in accordance with the requirements of the modified standard, as having met the modified standard; or
                                                        1. during period 3, the vehicle was certified, in period 1 or 2 and in accordance with the requirements of the modified standard, as having met the modified standard; or
                                                          1. during period 4, the vehicle is not owned by a rental company and—
                                                            1. was certified, before the commencement date and in accordance with the requirements of the existing standard, as having met the existing standard; or
                                                              1. was certified, in period 1 or 2 and in accordance with the requirements of the modified standard, as having met the modified standard.

                                                              Notes
                                                              • Schedule 1AA clause 6: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                              7Free public access to modified standard

                                                              1. The Ministry of Business, Innovation, and Employment (the Ministry) must ensure that an up-to-date version of the modified standard is—

                                                              2. publicly available free of charge on an Internet site maintained by or on behalf of the Ministry; and
                                                                1. available for inspection free of charge at the head office of the Ministry during business hours; and
                                                                  1. for sale at a reasonable price at the head office of the Ministry during business hours.

                                                                    1. This clause applies during the period of time that starts on the commencement date and ends at the conclusion of period 4.

                                                                    Notes
                                                                    • Schedule 1AA clause 7: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                                    2References to warrant card during transitional period

                                                                    8How certain references to warrant card are to be read during transitional period

                                                                    1. During the transitional period, a reference to a warrant card in section 10(4), 15(2), 19A(2), 20(1)(c), 20A(b), or 20B(c) must be read as a reference to whichever of the following is applicable to the self-contained motor vehicle that is being used to freedom camp:

                                                                    2. a warrant card:
                                                                      1. a self containment warrant issued under clause 15.2 of the existing or the modified standard.

                                                                        Notes
                                                                        • Schedule 1AA clause 8: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                                        3Effect of amendment Act on bylaws

                                                                        9Application of this subpart

                                                                        1. This subpart applies to any bylaw that authorises, prohibits, permits, restricts, or imposes conditions on freedom camping, provided that the bylaw is—

                                                                        2. made by a local authority; and
                                                                          1. in force immediately before the commencement date.

                                                                            Notes
                                                                            • Schedule 1AA clause 9: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                                            10Local authority must amend inconsistent bylaw

                                                                            1. If a bylaw is inconsistent with the amendment Act,—

                                                                            2. the amendment Act prevails and the bylaw has no effect to the extent of the inconsistency; and
                                                                              1. the local authority must amend or revoke the bylaw to remove the inconsistency.

                                                                                1. The local authority may, despite anything in this Act or any other legislation, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—

                                                                                2. satisfy itself of the matters specified in section 11(2); or
                                                                                  1. use the special consultative procedure set out in section 11B(3).

                                                                                    Notes
                                                                                    • Schedule 1AA clause 10: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                                                    11Local authority may make bylaw permitting freedom camping in motor vehicles that are not self-contained

                                                                                    1. Subclause (2) applies to a bylaw—

                                                                                    2. to which this subpart applies; and
                                                                                      1. that designates a local authority area as suitable for freedom camping in a motor vehicle that is not self-contained.

                                                                                        1. The bylaw continues in force during the transitional period unless it is earlier revoked, quashed, or replaced.

                                                                                        2. For the purposes of section 20(1)(a), (b), (c), (f), and (g), during the transitional period the bylaw must be treated as if it had been made under section 11 or 11A, as applicable.

                                                                                        3. A local authority may, despite anything in this Act or any other legislation, make a bylaw under section 11A (the new bylaw) revoking and replacing the bylaw to which subclause (2) applies (the old bylaw) if the application of the new bylaw is limited to the local authority area to which the old bylaw applied.

                                                                                        4. The local authority may make the new bylaw by resolution publicly notified, without being required to use the special consultative procedure referred to in section 11B(3).

                                                                                        Notes
                                                                                        • Schedule 1AA clause 11: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

                                                                                        12References to “self-contained” in existing bylaws

                                                                                        1. This clause applies to any reference in a bylaw to “self-contained” or “self contained” in relation to a motor vehicle.

                                                                                        2. The reference has the same meaning as self-contained in section 4 (as amended by section 5 of the amendment Act).

                                                                                        Notes
                                                                                        • Schedule 1AA clause 12: inserted, on , by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).