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Resolution
number DT/2022/5
MOVED by Chairperson R Jackson, seconded by Member T
Deans:
That
the Devonport-Takapuna Local Board:
a)
receives public
feedback on the proposal to make a new Auckland Council Freedom Camping in
Vehicles Bylaw 2022 in this agenda report.
b)
provides the
following views on how the Bylaw Panel should address matters raised in
public feedback on “Proposals 1 and 2 – General Rule
feedback” in recommendation (a) – through Have Your Say (HYS)
submissions or through a Research Survey (RS) – to assist the Bylaw
Panel in its deliberations.
i)
the board supports
Proposal 1 – to include general rules to manage freedom camping in
areas where it is not otherwise prohibited or restricted – noting that
65% of local HYS submissions and 93% of local RS respondents supported having
general rules.
ii) the board supports General Rule 2.1 that would
require freedom campers staying in these areas to use a certified
self-contained vehicle – noting 55% local HYS support and 85% Local RS
support for this rule.
iii) the board supports General Rule 2.2 that would
require freedom campers staying in these areas to stay a maximum of two nights
in the same road or off-road parking area – noting 43% local HYS
support and 78% local RS support for this rule, while 36% of HYS submissions
favoured one night.
iv) the board supports General Rule 2.3 that would require freedom campers staying in
these areas to depart by 9am on the third day – noting that there were
widely mixed local views on this in the HYS submissions (40% supporting 8am,
25% supporting 9am, and 25% supporting 10am) and 55% local RS support for a
9am departure time.
v) the board considers that the non-return period
in General Rule 2.4 should be four weeks, as this would create less pressure
on council’s already overburdened compliance and enforcement resources,
ensures that freedom camping at popular locations is apportioned fairly, and gives
somewhat greater assurance that nuisance to nearby residents and businesses
can be mitigated and managed. The board notes mixed views of local residents
on this point, with 45% of HYS submissions supported a four week non-return
period, and 35% local HYS and 53% of local RS respondents supported two
weeks.
c)
provides the
following views on how the Bylaw Panel should address matters raised in
public feedback on “Proposals 3 and 4 – Site-specific feedback
” in recommendation (a) – through Have Your Say (HYS) submissions
or through a Research Survey (RS) – to assist the Bylaw Panel in its
deliberations:
i)
the board supports
the inclusion of Queens Parade in ‘Proposal 3 – Schedule 45
prohibited areas, where no freedom camping is allowed’ – noting
14 local submitters supported this prohibition and 3 opposed.
ii) the board has been advised that it is no
longer necessary for Becroft Park Reserve to be included in ‘Proposal 3
– Schedule 45 prohibited areas, where no freedom camping is
allowed’, as Becroft Park has previously been gazetted as a recreation
reserve under the Reserves Act 1977. On the clear understanding and assurance
that freedom camping at Becroft Park will be prohibited under other
provisions of the new bylaw, the board supports the withdrawal of Becroft
Park from Schedule 45. The board notes that 12 local submitters supported the
prohibition of freedom camping at Becroft Park, while 4 opposed the ban.
iii) the board supports the inclusion of North
Shore Memorial Park (Schnapper Rock Cemetery), Onetangi Cemetery, and
prominent heritage property Highwic House in ‘Proposal 3 –
Schedule 45 prohibited areas where no freedom camping is allowed’,
although these are located in other local board areas.
iv) the board does not express any view on the 22
sites listed in ‘Proposal 4 – Schedule 22 restricted areas, where
freedom camping would be allowed subject to site-specific conditions’,
noting that these are all in other local board areas and are best considered
by the relevant local boards and residents of those areas.
v) the board supports public suggestions that
Milford Beach Reserve in Milford be added ‘Schedule 45 – areas
where freedom camping is prohibited’ [refer agenda p.139].
vi) the board supports public suggestions that
freedom camping should be prohibited at all urupa/cemeteries [refer agenda p.141],
as this would be considered offensive and disrespectful by people across many
cultures and backgrounds.
d)
provides the
following additional feedback to assist the Bylaw Panel in its deliberations:
i)
the board supports
the provisions of the proposed bylaw which prohibit freedom camping on
reserves held under the Reserves Act 1977.
ii) the board considers that freedom camping
should be prohibited within 2km of a licensed camping ground.
iii) the board considers that there should be
site-specific limits on the total number of vehicles allowed to freedom camp
at each site where freedom camping is allowed, to ensure that there is
equitable access for all people using our parks and open spaces.
iv) the board considers that options for charging
freedom campers should be explored.
v) the board considers that the ‘no-return
area’ (in which freedom campers are prohibited from returning to the
same place within a defined time period) should be a minimum of 5km, to
ensure that freedom campers cannot effectively circumvent the intention of
the ‘no return rule’ by moving back and forth between two very
close locations and staying for extended periods of time.
vi) the board notes that freedom camping will be
split across two separate Auckland Council bylaws, with the existing Public
Safety and Nuisance Bylaw 2013 covering tents and temporary structures, and
the proposed new Freedom Camping in Vehicles Bylaw 2022 covering vehicles
including cars, caravans, campervans, and motorhomes.
vii) the board notes that there are also multiple
Acts of Parliament involved in the compliance and enforcement framework
governing the various forms of freedom camping, including the Freedom Camping
Act 2011, the Local Government Act 2002, the Trespass Act 1980, and the Reserves
Act 1977.
viii) the board expresses strong concern that we do
not have a list of which parks in our area are held under the Reserves Act
1977 (where freedom camping of any kind is prohibited), and which parks are
held under the Local Government Act 2002. The consequences of this are that
the local board and council staff do not have a complete and accurate
understanding of where freedom camping is prohibited and where it might be
allowed, and we cannot therefore communicate this clearly to residents or visitors,
and cannot consistently and accurately enforce the bylaw.
ix) the board is concerned that the matters raised
in resolutions d)vi, d)vii, and d)viii have the unintended consequence that
it will be difficult for anyone to understand which rules apply in different
situations, with the potential for large numbers of unintentional breaches,
and additional pressure on already overburdened council compliance officers.
x) the board expresses strong concern that the
Local Government Act 2002 does not empower councils to impose infringements
(fines) for bylaw breaches and asks that the Bylaw Panel request the Minister
be asked to recommend that infringement fee regulations be made to enable
this.
e)
appoints Chairperson
R Jackson and Member J O’Connor to present the local board views expressed
in this resolution to the Bylaw Panel on 22 April 2022.
f)
delegates authority
to Chairperson R Jackson to appoint replacement(s) to the persons in clause e)
should an appointed member be unable to present to the Bylaw Panel.
CARRIED
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