Davis Kelvin: Freedom Camping Bill — In Committee 
Davis Kelvin: Freedom Camping Bill — In Committee 
[Volume:675;Page:20666] 
KELVIN DAVIS (Labour) 
: 
 I am referring to clause 16 “Public notification of freedom camping notices”. Subclause (1) states: “A freedom camping notice is published in accordance with this section if a summary of the notice—(a) is published in the  
Gazette 
; and (b) is published in the following newspapers: (i) in a daily newspaper circulating in each of the cities of Auckland Wellington Christchurch and Dunedin;”. My concern is for overseas tourists who land in New Zealand and have not happened to pick up a copy of a daily newspaper in Auckland Wellington Christchurch or Dunedin in which that freedom camping notice was published. The chances are that they would not have seen it or that they would not even look in the section where that sort of thing would be published. So those freedom campers—free independent travellers—will be journeying around New Zealand and will have a nice surprise when they pull up somewhere and wonder who the person is approaching them and saying that they have committed an offence that is liable for $200. That is not the face that we want to portray to our travellers from overseas but I think we are risking that. 
I know that ignorance is not an excuse but how can we expect people from overseas to turn up to New Zealand and know exactly what these regulations are? I hope there will be some sort of full-blown education campaign so that international travellers will know what the circumstances are and so that they will not be stung by that sort of thing. 
I note clause 11A “Bylaws must not absolutely prohibit freedom camping”. This is similar to clause 11(2)(a). Clause 11A(1) states: “A local authority may not make bylaws under section 11 that have the effect of prohibiting freedom camping in all the local authority areas in its district.” Subclause (2) states: “This section is for the avoidance of doubt.” But the doubt still exists—the doubt that our colleague Phil Twyford raised earlier. What is a blanket ban? The provision says that a local authority may not make by-laws that have the effect of prohibiting freedom camping in all the local authority areas in its district. Will the local authority not have that provision then in just one area of its district or in two areas of its district? I think there are still some vagaries there that will allow overzealous local authorities to sting all and sundry in a roundabout way. I do not think that subclause (2) removes the avoidance of all doubt. 
Clause 11(5) states: “The local authority must use the special consultative procedure set out in section 83 of the Local Government Act 2002 (as modified by section 86 of that Act) in—(a) making a bylaw under this section; or (b) amending a bylaw made under this section; or (c) revoking a bylaw under this section.” So regarding the special consultative procedure section 83 in the Local Government Act 2002 states: “Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure that local authority must”—and in subsection (1)(e) it says—“give public notice and such other notice as the local authority considers appropriate of the proposal and the consultations being undertaken;”. The part that is of concern is what the local authority considers appropriate because we are concerned that some local authorities may be overzealous just go too hard and as we already said use a sledgehammer to crack a walnut. So it comes down to what is appropriate according to one local authority and what is appropriate according to another local authority when they refer to the Local Government Act 2002. There are vagaries and there could be confusion as to what the local authority considers appropriate.