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Resolution
number HB/2019/33
MOVED by Member G Holmes, seconded by Deputy
Chairperson J Fitzgerald:
That the
Hibiscus and Bays Local Board:
a)
confirm the feedback provided on 20
June 2018 under resolution HB/2018/101 with an amendment to clause b) by
deleting “Hatfields Beach Recreation Reserve and on the seaward side of
Stanmore Bay Park”.
b) provide additional feedback on the
proposed draft Freedom Camping in Vehicles Bylaw:
i) following
feedback from residents in the local board area, through gaining a better
understanding of the Freedom Camping Act 2011,and the proposed bylaw, the
Hibiscus and Bays Local Board has reviewed its position on freedom camping on
reserves and does not support freedom camping in any of its parks and
reserves in the Hibiscus and Bays Local Board area
ii) although the local board has
been unable to read all the submissions to the proposed bylaw submitted by
our constituents, the following feedback is derived from our assessment of
the bylaw and from the comments we have received
iii) does
not support the Governing Body exercising the delegated authority from the
Minister of Conservation, in order to apply the proposed bylaw to reserves
held under the Reserves Act 1977, because:
A) the protection afforded by the Reserves Act 1977 must prevail as
intended to manage reserves for community use. The principles of the Reserves
Act 1977 must not be undermined for a few non-resident users at the expense
of the general public, and
B)
the delegation removes the ability for
local boards to make decisions on local matters for their communities under
the Local Government (Auckland Council) Act 2009 in respect to freedom
camping. Regrettably, the Freedom Camping Act 2011 and the proposed bylaw do
not recognise the shared-governance structure of Auckland Council
iv) the approach taken by the Governing
Body in respect to any proposed bylaw must take into account the statutory
roles of local boards. If the Governing Body proceeds with the bylaw with
regional regulation in mind, it must include the schedules of reserves and
public places that each local board considers need protection from freedom
camping. This would be a practical method of implementing the shared
governance arrangement required by the Local Government (Auckland Council)
Act 2009. The schedule must include each and every local reserve put forward
by each local board
v) a
bylaw may also be needed for roads and road reserves. Potential displacement
of freedom camping from reserves on to streets in residential areas will
result in the negative effects that were experienced or anticipated on the
adjoining reserves. We believe that freedom camping should not be allowed on
residential streets. Auckland Transport should be encouraged to create
a bylaw that aligns with Auckland Council’s bylaw. Lack of an Auckland
Transport bylaw will negate what is needed under the proposed bylaw
amendments in residential and possibly commercial areas
vi) general rules are needed to regulate
freedom camping in areas where it is allowed, e.g. to better manage
areas identified for freedom camping it should define the types of vehicle
allowed, i.e. self-contained campervans, and a time limit such as a maximum
of two nights in any place
vii) the Hibiscus and Bays Local Board and its
local community believe that consultation on the proposed bylaw has not been
robust or sufficient to address all the concerns and impacts of freedom
camping
viii) the
Hibiscus and Bays Local Board believes that the Freedom Camping Act 2011 is a
flawed piece of legislation, in that it is overly permissive for land set
aside for public use and enjoyment. The Reserves Act 1977 and the Local
Government Act 2002 are key statutes that regulate public enjoyment of public
land and are primarily intended to protect that land for local communites
ix) any new
bylaw on freedom camping must reflect the shared governance arrangements in
Auckland.
b)
note that local board members have
fielded many calls and complaints from concerned residents about carte
blanche freedom camping, particularly in parks and streets in residential
areas.
CARRIED
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