Wilkinson Kate: Freedom Camping Bill — Second Reading 
Text is incorporated into the Bound Volume 
Wilkinson Kate: Freedom Camping Bill — Second Reading 
[Sitting date: 11 August 2011. Volume:674;Page:20566. Text is incorporated into the Bound Volume.] 
Hon KATE WILKINSON (Minister of Conservation) 
: 
 I move  
That the Freedom Camping Bill be now read a second time 
. Firstly I thank the Local Government and Environment Committee for its clear analysis of the issues and for its excellent report. I also thank the committee for reporting back a bill that will protect our environment and ensure that New Zealanders and visitors to New Zealand can enjoy the freedom to camp while enabling local authorities and the Department of Conservation to better manage freedom camping for everyone’s benefit. 
I agree with the changes the committee has recommended. Some submitters were concerned that the bill had the potential to catch out responsible campers or allow local authorities to issue blanket bans across their districts. Both of these concerns have been addressed. This bill’s default position is that freedom camping is allowed on public land subject to the Act. It is a matter for local authorities and the Department of Conservation to identify specific sites where freedom camping is prohibited or limited to self-contained vehicles. 
There is little argument that freedom camping is causing communities considerable concern. The number of people undertaking this activity has doubled over the past decade and the waste left behind as a result has increased significantly. We are an outdoors destination and we encourage tourists to come here travel across the country and enjoy our backyard. Freedom camping is a tradition that will carry on and this bill is careful to ensure that it does. But we do have a duty to protect our environment from the minority who could not care less about their moral and legal responsibility to leave a site as they found it. The filth that has pervaded some parts of the country is troubling. Not only is it costing councils and the Department of Conservation financially to clean up the mess being left behind but it is ruining the experience of responsible campers and damaging our international reputation. We are not a dirty country; we pride ourselves on being clean. 
This bill is designed to allow local authorities and the Department of Conservation to address freedom camping issues they are facing especially at popular tourist sites. Local authorities will be able to make by-laws prohibiting or restricting freedom camping in a particular area but only if such a by-law is the most appropriate way of addressing those problems. Prohibitions or restrictions will apply only to areas where problems are being caused by freedom campers. Importantly any prohibitions or restrictions must be in proportion to the problems identified which will also alleviate the concern regarding blanket bans. This is a stronger pro-camping stance than currently exists under some local authority by-laws. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I caution members about the use of telephones in the House. Usually if a phone rings in a select committee the member shouts afternoon tea. I think it would cost the member a lot of money in Parliament. 
Hon KATE WILKINSON 
: The bill will also result in nationally consistent signage and improved online resources informing both domestic and international tourists of where camping is restricted. There has been concern that some of the by-laws listed in the schedules impose blanket bans on freedom camping. It is true that some of the by-law provisions in the bill’s schedules do not entirely reflect the parameters set by the bill but none of the current by-laws imposes an outright ban on camping in a district. Many local authorities provide designated areas for camping and their current by-laws do not allow freedom camping outside those areas. The bill reverses this position in favour of freedom camping being allowed everywhere except in designated no-camping areas. 
In order to enable local authorities to use the infringement regime during the Rugby World Cup 2011 the bill is pragmatic in its use of the existing camping-related by-laws. Approximately 95000 visitors will come to New Zealand over the 6-week period of the Rugby World Cup and a great many of these visitors plan to travel between the games in campervans freedom camping along the way. Breaching existing local camping by-laws will be an infringement offence for 1 year. After the year is up local authorities in consultation with their communities will have to make new by-laws under the Freedom Camping Act if they wish to use the infringement regime. New freedom camping by-laws will have to conform to the provisions set out in the bill. No responsible law-abiding freedom camper or tramper will be affected. 
The bill defines freedom camping as an activity that takes place within 200 metres of a vehicle-accessible area or the coast. Trampers in the back country will not be ticketed for making camp for the night during a tramp. Nor do picnickers need to worry that they will be prevented from enjoying a day’s recreation at their favourite picnic spot. People will still be able to sleep overnight at road ends before starting a tramp unless specific restrictions apply to that site. There are already some restrictions on camping near the start and end of some of the Great Walk tracks and these have not created problems for legitimate users. The committee has also specifically reinforced that tired drivers will not be fined should they need to take a few hours’ rest on the roadside. 
This bill will not only protect our traditional Kiwi camping experience but will ensure that visitors to New Zealand who inject millions of dollars a year into our economy are also able to enjoy the best of that traditional Kiwi experience. 
The bill has been criticised by some for being a disproportionate response to the problems associated with freedom camping. It has been suggested that a better way to deal with the problems is to provide more public toilets and rubbish tins. Local authorities and the Department of Conservation have found that other tools and methods of management are of limited effect do not have teeth on their own or have negative side effects. Providing more rubbish tins or public toilets may alleviate problems in some areas but there are significant costs to local authorities and the Department of Conservation to establish and maintain toilet and rubbish collection facilities. For example the Queenstown Lakes District Council spends $326000 a year to clean and maintain 45 public toilet buildings. It costs about $10000 to install even a basic back country - style kit toilet. To build and maintain public toilets at every potential freedom camping site may not be a priority for the ratepayer when considered against other community priorities. This is particularly true in areas such as the West Coast where local authorities have large land areas and high visitor numbers but small rating bases from which to fund facilities and services. There is also no guarantee that such facilities will be used. 
The threat of a $200 fine will be a valuable tool for local authorities and the Department of Conservation. Like all enforcement there is room for leniency should the occasion suit but the threat of a fine will give authorities more confidence to tackle issues and move campers on. Some submitters suggested that freedom campers be required to comply with the New Zealand standard for self-contained motor caravans. This standard may be a useful way for enforcement agencies to identify whether a motor caravan parked in an area where only self-contained vehicles may park is complying with those conditions but it is not mandatory or required under this bill. However we do not want to be in a position where only people in expensive motor homes are allowed to experience the great outdoors. In some areas freedom camping may be permitted only in self-contained vehicles. In other areas where there have been no significant problems or where toilet and waste facilities are provided freedom camping in non - self-contained vehicles or in tents may be totally acceptable. It will be up to local authorities the Department of Conservation and local communities to decide what is appropriate at particular sites. 
One of the changes the committee recommended was the creation of a new offence in relation to the serious environmental harm that can be caused where for example someone empties a campervan sewage tank on to a rest area. This offence recognises that self-contained vehicles are only as environmentally friendly as the people who operate them. 
We want people to enjoy our countryside. We want visitors to come here and see what a beautiful country we have. We need to encourage everyone to act responsibly and with care for the environment. When they do not we need to make sure that local authorities and the Department of Conservation have the tools to deal with them. This bill enables that. 
Finally I thank again the select committee for the excellent and prompt work it has done on this bill. There were many passionate submissions. The report shows that the committee has been attentive in listening to submitters. The changes will help significantly in achieving the bill’s intentions. I commend this bill to the House.