Draft Freedom Camping Bylaw 2016

Contents

1. TITLE .................................................................................................................. 1

2. COMMENCEMENT AND APPLICATION ............................................................................ 1

3. ENABLING ENACTMENTS ........................................................................................... 1

4. SCOPE ................................................................................................................. 1

5. DEFINITIONS AND INTERPRETATIONS ........................................................................... 1

6. RESTRICTED AREAS .................................................................................................. 2

7. PROHIBITED AREAS ................................................................................................. 1

8. PRIOR CONSENT FROM COUNCIL ................................................................................. 2

9. COUNCIL MAY CLOSE AN AREA TO FREEDOM CAMPING ..................................................... 2

10. OFFENCES ......................................................................................................... 2

11. PENALTIES ......................................................................................................... 2

12. RELATIONSHIP OF BYLAW WITH TREATY SETTLEMENT LEGISLATION ................................. 2

SCHEDULE 1: RESTRICTED AREAS ..................................................................................... 3

MAP 1A: GISBORNE URBAN AREA (PURPLE) ................................................................................ 3

MAP 1B: MAKORORI CARPARK ............................................................................................. 3

MAP 1C: MARINA CARPARK ................................................................................................ 4

MAP 1D: MOTU REST AREA ................................................................................................ 4

MAP 1E: KAITI BEACH CARPARK ........................................................................................... 5

MAP 1F: RERE ROCKSLIDE CARPARK ....................................................................................... 5

MAP 1G: RERE FALLS ...................................................................................................... 6

MAP 1H: TOLAGA BAY ..................................................................................................... 6

MAP 1I: TOKOMARU BAY (NORTH) ......................................................................................... 7

MAP 1J: TOKOMARU BAY (SOUTH) ......................................................................................... 7

MAP 1K: KAIAUA BEACH ................................................................................................... 8

MAP 1L: DONERAILLE PARK ................................................................................................ 8

SCHEDULE 2: PROHIBITED AREAS ..................................................................................... 9

MARINA CARPARK (PART) ................................................................................................... 9

MAKORORI BEACH .......................................................................................................... 9

TOLAGA BAY SOUTH ...................................................................................................... 10

TOLAGA BAY NORTH (PART) .............................................................................................. 10

KAIAUA BEACH (PART) .................................................................................................... 11

TITIRANGI RESERVE ....................................................................................................... 11

1. Title

1.1 This bylaw may be cited as the "Gisborne District Council Freedom Camping Bylaw 2015".

2. Commencement and application

2.1 This Bylaw shall come into force on 1 July 2015 and shall apply to the whole of the Gisborne

District.

2.2 This Bylaw shall have the effect of repealing the Gisborne District Council Freedom Camping

Bylaw 2008.

3. Enabling enactments

3.1 This Bylaw is made pursuant and subject to the Freedom Camping Act 2011, Local

Government Act 2002 and the Litter Act 1979.

4. Scope

4.1 The purpose of this Bylaw is to regulate and manage freedom camping on public land

controlled and managed by the Gisborne District Council in the Gisborne District.

5. Definitions and interpretations

5.1 The Interpretation Act 1999 shall apply to this Bylaw.

5.2 In this Bylaw, all definitions in Sections 4-7 of the Freedom Camping Act 2011 shall apply and

unless the context otherwise specifies:

Term Definition

Act Means the Freedom Camping Act 2011

Campsite Means a site used for freedom camping in a local authority area.

Council Means the Gisborne District Council or any Committee of the Council or officer

delegated to exercise the authority of Council.

District Means the territory of Council.

Enforcement officer Has the same meaning as contained in Section 4 of the Act.

Freedom camp Has the same meaning as contained in Section 5 of the Act.

Litter Has the same meaning as contained in Section 2 of the Litter Act 1979.

Local authority area Has the same meaning as contained in Section 6 of the Act.

Offence Has the same meaning as contained in Section 4 of the Act.

Person Includes a corporation and also a body of persons whether corporate or

unincorporated.

Public notice Means the same as in Section 2 of the Local Government Act 2002 and

‘published’ and ‘publicly notified’ have corresponding meanings.

Self-contained vehicle Means a vehicle designed and built for the purpose of camping which has the

capability of meeting the ablutionary and sanitary needs of the occupants of

that vehicle for a minimum of three days without requiring any external services

or discharging any waste and complies with New Zealand Standard 5465:2001,

as evidenced by the display of a current self-containment warrant issued under

New Zealand Standard Self Containment of Motor Caravans and Caravans, NZS

5465:2001.

Summer camping Means camping in a Council-controlled summer campground registered under

the Camping-Grounds Regulations 1985. Schedule 2 – Part B identifies.

Summer campground Means a campground registered under the Camping-Grounds Regulations 1985.

Schedule 2 – Part B identifies.

Vehicle Has the same meaning as contained in section 2(1) of the Land Transport Act

1998.

Waste Has the same meaning as contained in Section 4 of the Act.

5.3 Words importing the singular number include the plural number, and words importing the

plural number include the singular number.

5.4 The headings to the clauses of this Bylaw shall not affect the construction thereof.

5.5 Every Schedule to this Bylaw shall be deemed to form part of the Bylaw provided that any

such Schedule may be altered from time to time by Council resolution.

6. RestrictedPermitted areas

6.1 Freedom Camping is permittedallowed in any local authority area within the District unless

restricted or prohibited:

a. In accordance with this Bylaw; or

b. Under any other enactment (including but not limited to the Reserves Act 1977 and

reserve management plans prepared under The Reserves Act, the Camping-Grounds

Regulations 1985).

6.2 Schedule 1 identifies RestrictedPermitted Areas for freedom camping. These are areas

Council has identified for freedom camping to occur in a controlled manner, subject to

the restrictions in the following table. Council may be ordinary resolution, publicly notified,

add to the list of Permitted Areas.

Areas Map No General Restrictions

These restrictions apply to

all areas

Maps 1A

to 1L

The period of stay shall be limited to three nights in one area

in any 30 day period.

Effluent is disposed of in Council-approved facilities.

Solid waste is disposed of at Council-approved facilities.

Camping does not cause a nuisance or unreasonable

disturbance, through the creation of excessive noise, to other

persons camping in the area or local residents.

Parking is in a legal manner.

The campsite does not restrict access to public areas and

private land.

Campers allow enforcement officers to inspect any campsite

and comply with any reasonable directions of an

enforcement officer.

Campers do not light any fires.

The site is left in a tidy state and undamaged.

Area Map No Area-specific Restrictions

Gisborne Urban Area

(other than areas below)

1A Freedom Camping must be in a self-contained vehicle as

evidenced by the display of a current self-containment

warrant issued under New Zealand Standard Self

Containment of Motor Caravans and Caravans NZS

5465:2001, and use toilets and water brought onto site for

ablutions not public facilities.

Freedom Camping is limited to between the hours of 6pm

and 8am daily.

Freedom Camping must only be on formed parking areas.

Freedom Camping cannot occur on any land identified as a

reserve as indicated on Council’s GIS: Land Parcels (LINZ):

Reserves and Public Land:

www.http://maps.gdc.govt.nz/

layer: base layer: Land Parcels (LINZ)

Makorori Carpark 1B Freedom Camping must be in a self-contained vehicle as

evidenced by the display of a current self-containment

warrant issued under New Zealand Standard Self

Containment of Motor Caravans and Caravans NZS

5465:2001.

Freedom Camping is limited to between the hours of 6pm

and 9am daily.

Marina Carpark 1C

Motu Rest Area 1D

Kaiti Beach Carpark 1E

Rere Rockslide Carpark 1F Freedom Camping must be in a self-contained vehicle as

evidenced by the display of a current self-containment

warrant issued under New Zealand Standard Self

Containment of Motor Caravans and Caravans NZS

5465:2001.

Areas Map No General Restrictions

Freedom Camping must only be on formed parking areas.

Rere Falls 1G Freedom Camping must be in a self-contained vehicle as

evidenced by the display of a current self-containment

warrant issued under New Zealand Standard Self

Containment of Motor Caravans and Caravans NZS

5465:2001.

Tolaga Bay 1H Freedom Camping can only occur outside of daylight

savings hours. These areas are operated as a Summer

Camping Grounds during the daylight savings period. Tokomaru Bay (north) 1I

Kaiaua Beach 1J Freedom Camping can only occur outside of daylight

savings hours. These areas are operated as a Summer

Camping Grounds during the daylight savings period.

Self-contained vehicles are not permitted in this area.

Tokomaru Bay (south) 1K Freedom Camping can only occur outside of daylight

savings hours. These areas are operated as a Summer

Camping Grounds during the daylight savings period.

Freedom Camping must be in a self-contained vehicle as

evidenced by the display of a current self-containment

warrant issued under New Zealand Standard Self

Containment of Motor Caravans and Caravans NZS

5465:2001, and use toilets and water brought onto site for

ablutions not public facilities.

Doneraille Park 1Lj

6.3 Freedom Camping in Permitted Areas must comply with the following restrictions:

a. a. Camp in a self-contained vehicle, as evidenced by the display of a current

self-containment warrant issued under New Zealand Standard Self Containment of

Motor Caravans and Caravans NZS 5465:2001, and use toilets and water brought onto

site for ablutions not public facilities;

b. b. Period of stay shall be limited to three nights in one area in any 30 day period;

c. c. Ensure effluent is disposed of in Council-approved facilities;

d. d. Ensure solid waste is disposed of at Council-approved facilities;

e. e. Not cause a nuisance or unreasonable disturbance, through the creation of

excessive noise, to other persons camping in the area or local residents;

f. f. Park in a legal manner and, in the Gisborne Urban Area (see aerial photomap

below), park on formed parking areas;

g. g. Ensure campsite does not restrict access to public areas and private land;

h. h. Allow enforcement officers to inspect any campsite and comply with any

reasonable directions of an enforcement officer;

i.

j. i. Not light any fires; and

k. j. Freedom camping at the Permitted Areas at Makorori Carpark and Marina

Carpark is limited to between the hours of 6pm and 8am daily.

7. Prohibited areas

7.1 A person must not freedom camp in any prohibited area within the District as identified in

Schedule 2 of this Bylaw without the prior written consent of Council.

7.2 The prohibited areas identified in Schedule 2 are for the purpose of identifying areas prohibited

under this Bylaw and are in addition to areas where freedom camping is not permitted under

another enactment or regulation.

8. Prior consent from Council

8.1 Consent may be sought from Council to allow freedom camping on a site listed in Schedule

2 (Prohibited Areas), which may be granted following consultation with iwi, with or without

conditions. Consent may be applied for in writing, providing sufficient detail about the

proposed camping, to the Chief Executive of the Council at least 20 working days in advance

of the date planned for freedom camping on the Prohibited Area.

8.2 Permission may be sought from the Council to waive or modify freedom camping restrictions

as set out in clause 6.23 on a freedom camping site in a Restricted Permitted Area, which may be

granted, with or without conditions. Consent must be applied for in writing, providing

sufficient detail about the proposed camping, to the Chief Executive of the Council at least

20 working days in advance of the date planned for freedom camping in the area where

restrictions apply.

9. Council may close an area to freedom camping

9.1 The Council may temporarily close or restrict freedom camping on any area or part of any

area where such restriction is considered necessary by Council to:

a. Prevent damage to the local authority area or facilities in the area: or

b. Allow maintenance to the local authority area or facilities thereon; or

c. Protect the safety of persons or property; or

d. Provide for unfettered public access.

10. Offences

10.1 As specified in section 20 of the Act.

11. Penalties

11.1 As specified in section 23 of the Act.

12. Relationship of Bylaw with Treaty Settlement legislation

12.1 This Bylaw does not limit or affect the rights of iwi entitlements under any legislation passed

in order to give effect to settlements under the Treaty of Waitangi.

Schedule 1: RestrictedPermitted Areas

Council encourages freedom camping in Restricted Areas subject to the restrictions in Section 6

of this Bylaw.

Map 1A: Gisborne Urban Area (purple)

Map1B:Makorori Carpark

Map 1C: Marina Carpark

Map 1D: Motu Rest Area

Map 1E: Kaiti Beach Carpark

Map 1F: Rere Rockslide Carpark

Map 1G: Rere Falls

Map 1H: Tolaga Bay

Map 1I: Tokomaru Bay (north)

Map 1J: Tokomaru Bay (south)

Map 1K: Kaiaua Beach

Map 1L: Doneraille Park

Schedule 2: Prohibited Areas

Marina Carpark (part)

Makorori Beach

Tolaga Bay South

Tolaga Bay North (part)

Kaiaua Beach (part)

Titirangi Reserve