Freedom Camping Act 2011

1: Title
This Act is the Freedom Camping Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Outline of Act
1: This section provides an outline of this Act and indicates its purpose and scope, but it does not limit or affect the application or interpretation of any of the individual provisions of the Act.
2: This Act regulates freedom camping on the following land:
a: land controlled or managed by local authorities, including, in certain circumstances, land controlled or managed by the New Zealand Transport Agency under the Government Roading Powers Act 1989 Land Transport Management Act 2003 Public Works Act 1981 Railways Act 2005
b: land controlled or managed by the Department of Conservation under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977 Wildlife Act 1953
c: land managed or controlled by LINZ on behalf of the Crown under the Crown Pastoral Land Act 1998 Land Act 1948 Marine and Coastal Area (Takutai Moana) Act 2011 New Zealand Railways Corporation Act 1981 Public Works Act 1981
3: However, the powers of regulation under the Act do not allow for freedom camping to be prohibited on all land controlled or managed by a particular local authority
4: This Act does not regulate freedom camping on private land.
5: Part 1
6: Part 2
a: subpart 1
b: subpart 2
c: subpart 3
6A: In Part 2
a: subparts 1 2
b: subpart 3
7: Part 3
a: subpart 1
b: subpart 2
c: subpart 3
d: subpart 4
e: subpart 5 Section 3(2) replaced 7 June 2023 section 4(1) Self-contained Motor Vehicles Legislation Act 2023 Section 3(3) amended 7 June 2023 section 4(2) Self-contained Motor Vehicles Legislation Act 2023 Section 3(6) replaced 7 June 2023 section 4(3) Self-contained Motor Vehicles Legislation Act 2023 Section 3(6A) inserted 7 June 2023 section 4(3) Self-contained Motor Vehicles Legislation Act 2023
4: Interpretation
In this Act, unless the context requires another meaning,— certificate of self-containment section 87U of the Plumbers, Gasfitters, and Drainlayers Act 2006 chief executive commissioner section 24AA(1) conservation Act conservation Acts
a: the Conservation Act 1987
b: the National Parks Act 1980
c: the Reserves Act 1977
d: the Wildlife Act 1953 conservation land section 7 Crown land Act Crown land Acts
a: the Crown Pastoral Land Act 1998
b: the Land Act 1948
c: the Marine and Coastal Area (Takutai Moana) Act 2011
d: the New Zealand Railways Corporation Act 1981
e: the Public Works Act 1981 Department Director-General enforcement officer section 32 33 33A freedom camp section 5 infringement fee infringement offence against section 20 20A 20B 20C LINZ LINZ land section 8 local authority section 5(1) local authority area section 6 Minister
a: for the purposes of sections 43(1) 45A clause 3(1)
i: the Minister of Tourism; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of those provisions:
b: for the purposes of any other provision in this Act,—
i: the Minister of Conservation and the Minister of Local Government; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act (other than the provisions specified in paragraph (a)) motor vehicle
a: a motor vehicle within the meaning of section 2(1)
b: a unit used for camping that is not itself a vehicle but is capable of being—
i: transported by means of being loaded onto a vehicle; and
ii: used for camping whether or not it is loaded onto a vehicle New Zealand Transport Agency NZTA section 93 NZTA land section 6A offence owner section 2(1) owned rental company Land Transport Act 1998 self-contained section 87U(3)﻿(d) of the Plumbers, Gasfitters, and Drainlayers Act 2006 see subpart 1 transport Act transport Acts
a: the Government Roading Powers Act 1989
b: the Land Transport Act 1998
c: the Land Transport Management Act 2003
d: the Local Government Act 1974
e: the Public Works Act 1981
f: the Railways Act 2005 vehicle section 2(1) warrant card section 87X(1)﻿(b) of the Plumbers, Gasfitters, and Drainlayers Act 2006 waste waste receptacle Section 4 certificate of self-containment inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 chief executive inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 commissioner inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 Crown land Act inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 Crown land Acts inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 enforcement officer amended 7 June 2023 section 5(3) Self-contained Motor Vehicles Legislation Act 2023 Section 4 freedom camping notice notice repealed 7 June 2023 section 5(2) Self-contained Motor Vehicles Legislation Act 2023 Section 4 infringement fee inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 infringement offence amended 7 June 2023 section 5(4) Self-contained Motor Vehicles Legislation Act 2023 Section 4 LINZ inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 LINZ land inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 Minister inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 motor vehicle inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 New Zealand Transport Agency NZTA inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 NZTA land inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 owner inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 rental company inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 self-contained inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 transport Act inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 transport Acts inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 vehicle inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 warrant card inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 waste receptacle inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023
5: Meaning of freedom camp
1: In this Act, freedom camp
a: a tent or other temporary structure:
b: a motor vehicle.
2: In this Act, freedom camping
a: temporary and short-term parking of a motor vehicle:
b: recreational activities commonly known as day-trip excursions:
c: resting or sleeping at the roadside in a
2A: In this Act, a person is not freedom camping
a: is a person other than a person who is in New Zealand on the basis of a visitor visa (within the meaning of the immigration instructions); and
b: is unable to live in appropriate residential accommodation; and
c: as a consequence of that inability, is living in either or both of the following:
i: a tent or other temporary structure:
ii: a motor vehicle.
3: In this section camping ground
a: a camping ground that is the subject of a current certificate of registration under the Camping-Grounds Regulations 1985 ; or
b: any site at which a fee is payable for camping at the site Great Walks Track
a: a track specified in Schedule 1
b: any other track specified by Order in Council made under section 44 immigration instructions section 4 residential accommodation Section 5(1) replaced 7 June 2023 section 6(1) Self-contained Motor Vehicles Legislation Act 2023 Section 5(2)﻿(c) amended 7 June 2023 section 6(2) Self-contained Motor Vehicles Legislation Act 2023 Section 5(2A) inserted 7 June 2023 section 6(3) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) amended 7 June 2023 section 6(4) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) camping ground amended 7 June 2023 section 6(5) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) immigration instructions inserted 7 June 2023 section 6(6) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) residential accommodation inserted 7 June 2023 section 6(6) Self-contained Motor Vehicles Legislation Act 2023
6: Meaning of local authority area
1: In this Act, local authority area
a: means an area of land—
i: that is within the district or region of a local authority; and
ii: that is—
A: controlled or managed by or on behalf of the local authority under any enactment; or
B: an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
2: Despite subsection (1), in this Act, local authority area
a: means an area of land within Auckland that is—
i: controlled or managed by the Auckland Council under any enactment; or
ii: controlled or managed by Auckland Transport; or
iii: an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
3: In subsection (2), Auckland Auckland Transport section 4(1) Section 6(1)﻿(a) replaced 7 June 2023 section 7(1) Self-contained Motor Vehicles Legislation Act 2023 Section 6(2)﻿(a) replaced 7 June 2023 section 7(2) Self-contained Motor Vehicles Legislation Act 2023
6A: Meaning of NZTA land
In this Act, NZTA land
a: means an area of land that is controlled or managed by the New Zealand Transport Agency under a transport Act; and
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water. Section 6A inserted 7 June 2023 section 8 Self-contained Motor Vehicles Legislation Act 2023
7: Meaning of conservation land
In this Act, conservation land
a: means an area of land that is controlled or managed by the Department under a conservation Act; and
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
8: Meaning of LINZ land
In this Act, LINZ land
a: means an area of land that is controlled or managed by LINZ under a Crown land Act; and
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water. Section 8 replaced 7 June 2023 section 9 Self-contained Motor Vehicles Legislation Act 2023
9: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 9 replaced 7 June 2023 section 9 Self-contained Motor Vehicles Legislation Act 2023
9A: Act binds the Crown
This Act binds the Crown. Section 9A inserted 7 June 2023 section 9 Self-contained Motor Vehicles Legislation Act 2023
2: Where freedom camping permitted
1: Freedom camping in local authority areas
10: Where freedom camping in local authority area permitted
1: Freedom camping is permitted in any local authority area, unless it is restricted or prohibited in that area as specified in subsection (3), if—
a: a tent or other temporary structure is used; or
b: a self-contained motor vehicle is used.
2: Freedom camping using a motor vehicle that is not self-contained is permitted in a local authority area only if it is permitted in that area—
a: in accordance with a bylaw made under section 11A
b: under any other legislation.
3: Freedom camping may be restricted or prohibited in a local authority area—
a: by a bylaw made under section 11
b: in the case of a self-contained motor vehicle, by the limit placed on the maximum number of people for which the vehicle is certified; or
c: under any other legislation.
5: See subpart 3 Section 10 replaced 7 June 2023 section 10 Self-contained Motor Vehicles Legislation Act 2023
10A: Bylaws declaring NZTA land to be local authority area
1: A local authority may make bylaws declaring any area of NZTA land in its district or region to be a local authority area for the purposes of this Act.
2: A local authority may make a bylaw under subsection (1) only if it is satisfied that—
a: the bylaw is necessary for 1 or more of the following purposes:
i: to protect the area:
ii: to protect the health and safety of people who may visit the area:
iii: to protect access to the area; and
b: the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and
c: the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990
3: A local authority must not make a bylaw under subsection (1) without the written consent of the chief executive of the NZTA. Section 10A inserted 7 June 2023 section 10 Self-contained Motor Vehicles Legislation Act 2023
11: Freedom camping bylaws
1: A local authority may make bylaws—
a: defining the local authority areas in its district or region where freedom camping is restricted and the restrictions that apply to freedom camping in those areas:
b: defining the local authority areas in its district or region where freedom camping is prohibited.
2: A local authority may make a bylaw under subsection (1) only if it is satisfied that—
a: the bylaw is necessary for 1 or more of the following purposes:
i: to protect the area:
ii: to protect the health and safety of people who may visit the area:
iii: to protect access to the area; and
b: the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and
c: the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990
3: A local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A
4:
5:
6:
7: Section 11(3) replaced 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(4) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(5) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(6) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(7) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023
11A: Bylaws permitting freedom camping in motor vehicles that are not self-contained
1: A local authority may make bylaws defining—
a: the local authority areas, if any, in its district or region where freedom camping in a motor vehicle that is not self-contained is permitted; and
b: the restrictions and conditions, if any, that apply to freedom camping in those areas.
2: The local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A Section 11A inserted 7 June 2023 section 12 Self-contained Motor Vehicles Legislation Act 2023
11B: Requirements relating to bylaws made under sections 10A to 11A
1: A bylaw made under section 10A 11 11A
a: by a map:
b: by a description of its locality (other than just its legal description).
2: However, where a bylaw contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.
3: The local authority must use the special consultative procedure set out in section 83 section 86
a: making a bylaw under section 10A 11 11A
b: amending a bylaw made under any of those sections; or
c: revoking a bylaw made under any of those sections.
4: Despite subsection (3)﻿(b), a local authority may, by resolution publicly notified, make minor changes to, or correct errors in, a bylaw made under section 10A 11 11A
a: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
b: an existing status or capacity of any person to whom the bylaw applies.
5: In this section,— affected area
a: in the case of a bylaw made under section 10A
b: in the case of a bylaw made under section 11
c: in the case of a bylaw made under section 11A publicly notified section 5(1) Section 11B inserted 7 June 2023 section 12 Self-contained Motor Vehicles Legislation Act 2023
12: Bylaws must not absolutely prohibit freedom camping
1: A local authority may not make bylaws under section 11
2: This section is for the avoidance of doubt.
13: Review of bylaws
1: A local authority must review a bylaw made by it under section 10A 11 11A
2: A local authority must review a bylaw made by it under section 10A 11 11A
3: A local authority must review a bylaw made by it under section 11 section 11(2)
4: If, after a review, the local authority considers that the bylaw—
a: should be amended, revoked, or revoked and replaced, it must act under section 11B(3)
b: should continue without amendment, it must use the special consultative procedure set out in section 83
5: For the purposes of subsection (4)﻿(b), the statement of proposal referred to in section 83(1)﻿(a)
a: a copy of the bylaw to be continued; and
b: the reasons for the proposal; and
c: a report of any relevant determinations by the local authority under section 11(2)
6: A bylaw that is not reviewed as required by this section, if not earlier revoked by the local authority concerned, is revoked on the day that is 2 years after the last date on which the bylaw should have been reviewed under this section. Section 13(1) amended 7 June 2023 section 13(1) Self-contained Motor Vehicles Legislation Act 2023 Section 13(2) amended 7 June 2023 section 13(1) Self-contained Motor Vehicles Legislation Act 2023 Section 13(3) amended 7 June 2023 section 13(2) Self-contained Motor Vehicles Legislation Act 2023 Section 13(4)﻿(a) amended 7 June 2023 section 13(3) Self-contained Motor Vehicles Legislation Act 2023
13A: Bylaw revocation postponed as result of outbreak of COVID-19
2021-07-01 Freedom Camping Act 2011 Repeal of section 13A Section 13A repealed 1 July 2021
14: Application of Local Government Act 2002 to bylaws
1: To the extent that the Local Government Act 2002
2: Subsection (1) is subject to any provision to the contrary in this Act.
2: Freedom camping on conservation land
15: Where freedom camping on conservation land permitted
Freedom camping is permitted on any conservation land unless freedom camping is restricted or prohibited on the land—
a:
b: in accordance with a section 17
c: under a conservation Act or any other enactment. Section 15 heading replaced 7 June 2023 section 14(1) Self-contained Motor Vehicles Legislation Act 2023 Section 15(a) repealed 1 April 2012 section 8 Section 15(b) amended 7 June 2023 section 14(2) Self-contained Motor Vehicles Legislation Act 2023
16: Freedom camping restriction and prohibition signs
Section 16 repealed 1 April 2012 section 8
17: Notices restricting or prohibiting freedom camping on conservation land
1: The Director-General may, by notice published in accordance with subsection (5) and section 18
a: define conservation land where freedom camping is restricted and the restrictions that apply to freedom camping on that land:
b: define conservation land where freedom camping is prohibited.
2: A notice may be published under subsection (1) only if—
a: the Director-General is satisfied that the notice is not inconsistent with—
i: the purpose of any conservation Act relevant to the land; or
ii: any general policy, management strategy, or management plan made under a conservation Act relevant to the land; or
iii: the New Zealand Bill of Rights Act 1990
b: the Director-General has first consulted the Conservation Board established under section 6L
3: A notice must—
a: define the conservation land by a map or a description of its locality (other than just its legal description) or both; and
b: specify whether freedom camping is restricted or prohibited on the land and, if applicable, the restrictions that apply; and
c: state the date on which the notice comes into force.
4: However, where a notice contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.
5: A notice under this section—
a: is secondary legislation ( see Part 3
b: despite section 26 section 18(2)﻿(b) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish a summary of it (which complies with section 18(2) Gazette •	publish it on the Department's Internet site •	make it available for inspection free of charge at Department’s offices Section 18(1)﻿(b) and (3) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17 heading replaced 7 June 2023 section 15 Self-contained Motor Vehicles Legislation Act 2023 Section 17(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18: Public notification of notices restricting or prohibiting freedom camping on conservation land
1: A notice published under section 17
a:
b: is published in the following newspapers:
i: in a daily newspaper circulating in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; or
ii: if the Director-General is satisfied that the notice is of local or regional interest only, in a newspaper or newspapers circulating throughout the locality or region to which the notice relates; and
c: complies with subsection (2).
2: A summary of a notice published under section 17
a: generally describe the contents of the notice; and
b: specify the date on which the notice will come into force (which must be a date that is no earlier than the later of the days on which the notice is published under the Legislation Act 2019
c: state that copies of the notice may be inspected and obtained at the offices of the Department on payment of the specified amount.
3: The Department must—
a:
b:
c:
d: supply to any person, on request and on payment of a reasonable charge, a copy of a notice. Section 18 heading replaced 7 June 2023 section 16(1) Self-contained Motor Vehicles Legislation Act 2023 Section 18(1) amended 7 June 2023 section 16(2) Self-contained Motor Vehicles Legislation Act 2023 Section 18(1)﻿(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(2) amended 7 June 2023 section 16(2) Self-contained Motor Vehicles Legislation Act 2023 Section 18(2)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)﻿(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)﻿(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
19: Director-General to exercise powers as if Act specified in Schedule 1 of Conservation Act 1987
The Director-General must exercise the powers conferred on him or her under this subpart as if this Act were specified in Schedule 1
3: Freedom camping on LINZ land
Subpart 3 inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19A: Where freedom camping on LINZ land permitted
Freedom camping is not permitted on LINZ land except in accordance with a notice made under section 19B Section 19A inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19B: Notices permitting freedom camping on LINZ land
1: Subsection (2) applies to LINZ land that is controlled or managed under either or both of the following Acts:
a: the Crown Pastoral Land Act 1998
b: the Land Act 1948
2: The commissioner may, by notice published in accordance with section 19D
3: Subsection (4) applies to LINZ land that is controlled or managed under 1 or more of the following Acts:
a: the Marine and Coastal Area (Takutai Moana) Act 2011
b: the Public Works Act 1981
c: the New Zealand Railways Corporation Act 1981
4: The chief executive may, by notice published in accordance with section 19D
5: A notice published under this section is secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19B inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19C: Commissioner and chief executive must consult before making notice
1: Before making a notice under section 19B(2)
2: Before making a notice under section 19B(4)
3: The requirements in subsections (1) and (2) do not apply to an area of LINZ land described in Schedule 3
a: any restriction or condition in a notice made under section 19B
b: a notice applying to the area of LINZ land has not previously been made under section 19B(2) or (4) Section 19C inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19D: Requirements relating to notices published under section 19B
1: This section applies to any notice published under section 19B
2: A notice may not permit freedom camping on any LINZ land that is held by a person under a lease or licence granted to the person by the Crown.
3: A notice must specify any restrictions and conditions that apply.
4: Sections 17(3)﻿(a) and (c) and (4) 18
a: in section 18(1)﻿(b)﻿(ii)
b: in section 18(2)﻿(c) and (3) Section 19D inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
3: Enforcement, miscellaneous, and transitional provisions
1: Offences, defences, and penalties
Infringement offences Heading inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20: Infringement offences relating to local authority areas
1: A person commits an infringement offence if the person—
a: freedom camps in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 11A
b: freedom camps in a local authority area, other than a local authority area defined in a bylaw made under section 11A
d: freedom camps in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
e: while freedom camping in a local authority area,—
i: interferes with or damages the area, its flora or fauna, or any structure in the area; or
ii: deposits waste in or on the area (other than into an appropriate waste receptacle); or
f: makes preparations to freedom camp in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 11A
g: makes preparations to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
h: makes preparations to freedom camp in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
i: fails or refuses to leave a local authority area when required to do so by an enforcement officer acting under section 36
2: In this section and in sections 20A 20B make preparations
a: erect a tent to use it for freedom camping:
b: park a motor vehicle to use it for freedom camping. Section 20 replaced 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20A: Infringement offences relating to conservation land
A person commits an infringement offence if the person—
a: freedom camps on conservation land in breach of any prohibition or restriction specified in a notice made under section 17
c: while freedom camping on conservation land,—
i: interferes with or damages the land, its flora or fauna, or any structure on the land; or
ii: deposits waste in or on the land (other than into an appropriate waste receptacle); or
d: makes preparations to freedom camp on conservation land in breach of any prohibition or restriction specified in a notice made under section 17
e: fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36 Section 20A inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20B: Infringement offences relating to LINZ land
A person commits an infringement offence if the person—
a: freedom camps on LINZ land, except to the extent that freedom camping is permitted on the land in accordance with a notice made under section 19B
b: freedom camps on LINZ land in breach of any restriction or condition specified in a notice made under section 19B
d: while freedom camping on LINZ land,—
i: interferes with or damages the land, its flora or fauna, or any structure on the land; or
ii: deposits waste in or on the land (other than into an appropriate waste receptacle); or
e: makes preparations to freedom camp on LINZ land, except where freedom camping is permitted on the land in accordance with a notice made under section 19B
f: makes preparations to freedom camp on LINZ land in breach of any restriction or condition in a notice made under section 19B
g: fails or refuses to leave LINZ land when required to do so by an enforcement officer acting under section 36 Section 20B inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20C: Other infringement offences
A person commits an infringement offence if the person—
a: displays in a motor vehicle an altered or a fraudulent warrant card; or
b: presents an altered or a fraudulent certificate of self-containment to an enforcement officer acting under this Act; or
c: refuses to give information when required to do so by an enforcement officer under section 35 Section 20C inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20D: Strict liability offences
In prosecuting an infringement offence, the prosecution does not need to prove that the defendant—
a: intentionally or recklessly committed the offence; or
b: knew that the offence occurred in, or in relation to, a local authority area, conservation land, or LINZ land. Section 20D inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20E: Penalties for infringement offences
A person who commits an infringement offence is liable to—
a: an infringement fee not exceeding $1,000 that is prescribed by regulations made under section 43
b: if no regulations have been made under section 43
c: a fine imposed by a court not exceeding $3,000 or any lesser or equal amount prescribed by the regulations. Section 20E inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Other offences Heading inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20F: Offence to discharge certain substances
1: A person commits an offence if the person discharges a substance in or on a local authority area, conservation land, or LINZ land in circumstances where the discharge of the substance is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it—
a: has, or is likely to have, a significant adverse effect on the environment; or
b: has caused, or is likely to cause, significant concern to—
i: residents living on or near the area or land; or
ii: other users of the area or land.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000. Section 20F inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20G: Offence to interfere with enforcement officer
1: A person commits an offence if, while an enforcement officer is carrying out the officer’s functions and duties under this Act, the person—
a: intentionally prevents the officer from carrying out those functions and duties; or
b: obstructs or impedes the officer; or
c: assaults, threatens, or intimidates the officer; or
d: uses language that is abusive or threatening to the officer; or
e: behaves in a threatening manner towards the officer.
2: A person who incites any other person to do any act referred to in subsection (1) commits an offence.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $5,000. Section 20G inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Defences to offences Heading inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
21: Strict liability offences
Section 21 repealed 7 June 2023 section 19 Self-contained Motor Vehicles Legislation Act 2023
22: Defences to offences
1: It is a defence to an offence if the court concerned is satisfied that the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant and—
a: the action or event could not reasonably have been foreseen or prevented by the defendant; and
b: the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.
2: It is a defence to an offence if the court concerned is satisfied that—
a: the act or omission giving rise to the offence was necessary to—
i: save or protect life or health; or
ii: prevent injury; or
iii: prevent serious damage to property; or
iv: avoid actual or likely damage to the environment; and
b: the conduct of the defendant was reasonable in the circumstances; and
c: the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.
3: It is a defence to an offence against section 20(1)﻿(e)﻿(ii) 20A(c)﻿(ii) 20B(d)﻿(ii)
a: the act giving rise to the offence was necessary in the circumstances; and
b: the conduct of the defendant was reasonable in the circumstances; and
c: the effects of the act were adequately remedied or mitigated by the defendant after the offence occurred.
4: Subsection (5) applies in respect of a proceeding commenced by an enforcement officer issuing an infringement notice under section 27 section 26(1)﻿(b) or (c)
5: The defences available under section 133A(3) and (4) section 2(1)
6: The defences available under this section do not limit any other defences that may be available. Section 22(3) amended 7 June 2023 section 20 Self-contained Motor Vehicles Legislation Act 2023
23: Penalties
Section 23 repealed 7 June 2023 section 21 Self-contained Motor Vehicles Legislation Act 2023 Cost of damage Heading inserted 7 June 2023 section 22 Self-contained Motor Vehicles Legislation Act 2023
24: Offenders liable for cost of damage
1: A person who commits an offence (including an infringement offence) may, in addition to, or instead of, incurring a penalty for the offence, be ordered to pay any of the following costs:
a: the costs incurred by the local authority in repairing any damage done to a local authority area as a result of the offence:
b: the costs incurred by the NZTA in repairing any damage done to NZTA land as a result of the offence:
c: the costs incurred by the Department in repairing any damage done to conservation land as a result of the offence:
d: the costs incurred by LINZ in repairing any damage done to LINZ land as a result of the offence.
2: The costs must be assessed by the District Court Section 24(1) replaced 7 June 2023 section 23 Self-contained Motor Vehicles Legislation Act 2023 Section 24(2) amended 1 March 2017 section 261 District Court Act 2016
2: Proceedings
25: How proceedings commenced
1: Proceedings for an offence other than an infringement offence may be commenced by an enforcement officer filing a charging document under section 14 Criminal Procedure Act 2011
2: Proceedings for an infringement offence may be commenced by—
a: an enforcement officer issuing an infringement notice under section 27
b: an enforcement officer filing a charging document under section 14 Criminal Procedure Act 2011
3: Proceedings commenced in the way described in subsection (2)﻿(a) that continue (other than by the infringement fee for the offence being paid) must be continued under section 21
4: Proceedings commenced in the way described in subsection (2)﻿(b) do not require leave of a District Court Judge or Registrar under section 21 Section 25(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 25(2)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
26: Who proceedings may be commenced against
1: Proceedings for an offence may be taken against 1 or more of the following persons:
a: the person who allegedly committed the offence:
b: if a motor vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17
c: if a vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle (whether or not jointly with any other person).
2: Subsection (1)﻿(b) and (c) apply whether or not the person, at the time the alleged offence was committed,—
a: is an individual; or
b: was the driver of the vehicle; or
c: was the person in charge of the vehicle; or
d: was the user of the vehicle. Section 26(1)﻿(b) replaced 7 June 2023 section 24 Self-contained Motor Vehicles Legislation Act 2023
27: Who may serve infringement notices
1: An enforcement officer who believes on reasonable grounds that a person has committed or is committing an infringement offence may serve an infringement notice on the person.
2: An enforcement officer who believes on reasonable grounds that a motor vehicle was used or is being used in the commission of an infringement offence may serve an infringement notice on the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17
3: Subsection (2) does not limit the generality of subsection (1). Section 27 replaced 7 June 2023 section 25 Self-contained Motor Vehicles Legislation Act 2023
27A: How to serve infringement notices
1: An infringement notice may be served—
a: by delivering it, or a copy of it, to the person—
i: who appears to have committed the infringement offence; or
ii: who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17
b: by sending it, or a copy of it, by email to the person at an email address that is used by the person; or
c: by sending it, or a copy of it, by post, addressed to the person at the person’s last known place of residence or business; or
d: if the person is a holder of a land transport document, by sending it, or a copy of it, by post to the person at their last address provided for the purposes of that document; or
e: if a vehicle was used or is being used in the commission of the infringement offence, by attaching it, or a copy of it, to the vehicle.
2: For the purposes of the Summary Proceedings Act 1957
a: an infringement notice sent to a person by email under subsection (1)﻿(b) is to be treated, unless the contrary is shown, as being served on the person at the time the email first enters an information system that is outside the control of the enforcement officer:
b: an infringement notice sent to a person by post under subsection (1)﻿(c) or (d) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:
c: an infringement notice attached to a vehicle under subsection (1)﻿(e) is to be treated as having been served when it is attached to the vehicle.
3: In this section,— information system land transport document
a: the Land Transport Act 1998
b: the Road User Charges Act 2012
c: the Government Roading Powers Act 1989 Section 27A inserted 7 June 2023 section 25 Self-contained Motor Vehicles Legislation Act 2023
27B: Form of infringement notices
1: An infringement notice must be in the prescribed form and contain all of the following particulars:
a: sufficient detail to inform the defendant of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the place where the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of how section 21(10)
f: a statement that the defendant has a right to request a hearing:
g: a statement of the consequences if the defendant does not pay the infringement fee or request a hearing:
h: a statement of what will happen if the person served with the notice does not pay the infringement fee or request a hearing:
i: any other particulars that are prescribed by regulations.
2: If there is no prescribed form for the purposes of subsection (1), an infringement notice must be in the form set out in Schedule 2 Section 27B inserted 7 June 2023 section 25 Self-contained Motor Vehicles Legislation Act 2023
28: Reminder notices
1: This section applies if a person is served with a reminder notice following the issuing of an infringement notice.
2: The reminder notice must be in the prescribed form and must include the same particulars, or substantially the same particulars, as the infringement notice.
3: If there is no prescribed form for the purposes of subsection (2) Schedule 2
29: Rental service agreement may provide for payment of infringement fee
1: A hirer of a motor vehicle may, in a rental service agreement with a rental company, agree to pay any infringement fee and any costs that may become payable because of an infringement notice served on the rental company for an infringement offence (in this section and in section 30 particular offence
a: in circumstances involving the use of the vehicle hired under the agreement; and
b: during the period of hire.
2: The hirer may, in the rental service agreement, also authorise the rental company to debit the hirer's credit card with the infringement fee and any costs payable because of an infringement notice for a particular offence and, in that case, the agreement must—
a: set out the liability of the parties to the agreement for any particular offences:
b: require the rental company to send to the permanent address provided by the hirer copies of any infringement notices and any reminder notices that may be served on the rental company for any particular offences:
c: indicate that representations may be made to the issuing enforcement authority to challenge or query an infringement notice:
d: set out the hirer's right to seek a court hearing for the particular offence.
3: This section and section 30
4: In this section and section 30 costs section 30(4) credit card Section 29(4) rental company repealed 7 June 2023 section 26 Self-contained Motor Vehicles Legislation Act 2023
30: Charging hirer for infringement fee
1: In any case where a rental company receives an infringement notice for a particular offence, the rental company may not exercise an authority under a rental service agreement to debit the hirer’s credit card unless, within 5 working days of receipt of the infringement notice, the rental company—
a: sends a copy of the infringement notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and
b: notifies the hirer that if the rental company receives a reminder notice for that offence, the rental company will debit the hirer's credit card for the amount of the infringement fee and costs.
2: If the rental company does not receive an infringement notice for the particular offence, but receives a reminder notice for that offence, the rental company may not exercise the authority to debit the hirer’s credit card unless, within 5 working days of the receipt of the reminder notice, the rental company—
a: sends a copy of the reminder notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and
b: notifies the hirer that the rental company will debit the hirer's credit card with the fee and costs payable because of the infringement notice.
3: Except where the hirer has been separately served by an enforcement officer with an infringement notice for the particular offence, the infringement notice sent to the hirer under subsection (1)﻿(a) or the reminder notice served under subsection (2)﻿(a) is deemed to have been served on the hirer by the enforcement officer and the hirer has, in respect of the infringement notice or the reminder notice, all the rights and obligations under the Summary Proceedings Act 1957
4: The rental service agreement may specify an administration fee that the rental company may charge to cover the cost of debiting the hirer's credit card.
5: Any infringement fee for a particular offence that the rental company receives as a result of debiting the hirer's credit card must be paid to the issuing enforcement authority without delay.
6: The rental company must refund the hirer any infringement fee for the particular offence that the hirer has received as a result of debiting the hirer's credit card if—
a: the issuing enforcement authority decides not to continue the proceeding for the particular offence; or
b: the reminder notice filed or deemed to have been filed in the District Court
c: at a court hearing, the hirer is not found to be liable for the particular offence; or
d: the fine for the particular offence is set aside by a determination of a court. Section 30(6)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
31: Entitlement to infringement fees
1: A local authority is entitled to retain all infringement fees resulting from infringement notices issued by enforcement officers appointed by the local authority under section 32
2: All infringement fees resulting from infringement notices issued by enforcement officers appointed by the Director-General under section 33
3: All infringement fees resulting from infringement notices issued by enforcement officers appointed by the chief executive or the commissioner under section 33A
4: To avoid doubt, subsections (1) to (3) apply irrespective of whether the fees are for offences committed in relation to a local authority area, conservation land, or LINZ land. Section 31(3) replaced 7 June 2023 section 27 Self-contained Motor Vehicles Legislation Act 2023 Section 31(4) inserted 7 June 2023 section 27 Self-contained Motor Vehicles Legislation Act 2023
3: Enforcement officers
32: Appointment of enforcement officers by local authorities
1: A local authority may appoint persons to be enforcement officers for the purposes of this Act.
2: The local authority must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the local authority areas in relation to which they may act; and
d: the conservation land in relation to which they may act (being only land in respect of which the Director-General has consented to officers exercising enforcement powers); and
e: the LINZ land in relation to which they may act (which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers). Section 32(2)﻿(e) inserted 7 June 2023 section 28 Self-contained Motor Vehicles Legislation Act 2023
33: Appointment of enforcement officers by Director-General
1: The Director-General may appoint persons to be enforcement officers for the purposes of this Act.
2: The Director-General must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the conservation land in relation to which they may act; and
d: the local authority areas in relation to which they may act (being only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers); and
e: the LINZ land in relation to which they may act (which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers). Section 33(2)﻿(e) inserted 7 June 2023 section 29 Self-contained Motor Vehicles Legislation Act 2023
33A: Appointment of enforcement officers by chief executive or commissioner
1: The chief executive or the commissioner may appoint persons to be enforcement officers for the purposes of this Act.
2: The chief executive or the commissioner, as applicable, must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the LINZ land in relation to which they may act; and
d: the local authority areas in relation to which they may act (which are only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers); and
e: the conservation land in relation to which they may act (which is only land in respect of which the Director-General has consented to officers exercising enforcement powers). Section 33A inserted 7 June 2023 section 30 Self-contained Motor Vehicles Legislation Act 2023
34: Enforcement officers must produce evidence of appointment
1: An enforcement officer must produce evidence of his or her appointment under this Act whenever reasonably required to do so by any person.
2: It is sufficient evidence that a person is appointed under this Act if the person produces a document that specifies, by reference to sections of this Act,—
a: the responsibilities and powers that the person has under the Act; and
b: the infringement and other offences in relation to which the person is appointed.
35: Enforcement officers may require certain information
1: An enforcement officer who believes on reasonable grounds that a person has committed or is committing an offence may direct the person to give—
a: his or her full name, date of birth, full address, email address,
b: the full name, date of birth, full address, email address,
1A: An enforcement officer may direct a person to produce the certificate of self-containment that applies to the motor vehicle in which the person is freedom camping if the officer believes on reasonable grounds that—
a: the person has committed or is committing an offence under section 20(1)﻿(b), (d), (g), or (h)
b: the person—
i: has committed or is committing an offence under section 20A(a) or (d) 20B(b) or (f)
ii: has breached or is breaching a prohibition, restriction, or condition relating to self-contained motor vehicles.
2: Nothing in subsection (1)﻿(b) overrides legal professional privilege or affects any privilege recognised by sections 54 to 64 Section 35(1)﻿(a) amended 7 June 2023 section 31(1) Self-contained Motor Vehicles Legislation Act 2023 Section 35(1)﻿(b) amended 7 June 2023 section 31(1) Self-contained Motor Vehicles Legislation Act 2023 Section 35(1A) inserted 7 June 2023 section 31(2) Self-contained Motor Vehicles Legislation Act 2023
36: Enforcement officers may require certain persons to leave
local authority area, conservation land, or LINZ land An enforcement officer may require a person who he or she believes on reasonable grounds is committing or has committed an offence to leave the local authority area, conservation land, or LINZ land Section 36 heading amended 7 June 2023 section 32(1) Self-contained Motor Vehicles Legislation Act 2023 Section 36 amended 7 June 2023 section 32(2) Self-contained Motor Vehicles Legislation Act 2023
37: Enforcement officers may seize and impound certain property
1: An enforcement officer may seize and impound property in a local authority area or on conservation land—
a: if the property has been or is being used in the commission of an offence; and
b: if it is reasonable in the circumstances to seize and impound the property or, if section 38
c: if the property is both being used in the commission of an offence and in the possession of a person at the time the officer proposes to seize it and, before seizing and impounding it, the officer—
i: has directed (orally or in writing) the person committing the offence to stop committing the offence; and
ii: has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the officer has power to seize and impound the property; and
iii: has provided the person with a reasonable opportunity to stop committing the offence.
2: As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—
a: to the person in possession of the property at the time it was seized and impounded; or
b: if paragraph (a) does not apply, to any person who the officer can ascertain is the owner of, or has an interest in, the property.
3: If there is no prescribed form for the purposes of subsection (2), a notice must be in the form set out in Schedule 2
4: This section is subject to section 38
38: Requirements relating to seizure and impoundment of
boats and motor vehicles An enforcement officer may seize and impound a boat or motor vehicle section 37
a: is necessary to avoid any risk to the health of the public; or
b: is necessary for the safety of the public; or
c: is necessary to protect significant flora or fauna; or
d: is necessary to ensure access to the local authority area or conservation land concerned; or
e: is, in the circumstances, the most appropriate action to prevent the ongoing commission of the offence. Section 38 heading amended 7 June 2023 section 33(1) Self-contained Motor Vehicles Legislation Act 2023 Section 38 amended 7 June 2023 section 33(2) Self-contained Motor Vehicles Legislation Act 2023
39: Return of property seized and impounded
1: The owner of property that has been seized and impounded under section 37 the local authority concerned, the Director-General, the chief executive, or the commissioner
2: The local authority, the Director-General, the chief executive, or the commissioner
a: the property is in future not likely to be used in any offence of the kind for which it was seized; and
b: the owner or person has paid, or tenders with the request payment of, the costs of the local authority, the Department, or LINZ
3: If the local authority, the Director-General, the chief executive, or the commissioner the District Court the local authority, the Director-General, the chief executive, or the commissioner
4: The District Court may—
a: confirm the decision of the local authority, the Director-General, the chief executive, or the commissioner
b: order that the property be returned unconditionally or subject to any conditions that the court thinks fit.
5: To avoid doubt, nothing in this section—
a: affects or limits the liability of any person for the offence in relation to which the property was seized; or
b: affects or limits the rights of the local authority, the Director-General, the chief executive, or the commissioner Section 39(1) amended 7 June 2023 section 34(1) Self-contained Motor Vehicles Legislation Act 2023 Section 39(2) amended 7 June 2023 section 34(2)﻿(a) Self-contained Motor Vehicles Legislation Act 2023 Section 39(2)﻿(b) amended 7 June 2023 section 34(2)﻿(b) Self-contained Motor Vehicles Legislation Act 2023 Section 39(3) amended 7 June 2023 section 34(3) Self-contained Motor Vehicles Legislation Act 2023 Section 39(3) amended 1 March 2017 section 261 District Court Act 2016 Section 39(4)﻿(a) amended 7 June 2023 section 34(3) Self-contained Motor Vehicles Legislation Act 2023 Section 39(5)﻿(b) amended 7 June 2023 section 34(3) Self-contained Motor Vehicles Legislation Act 2023
40: Disposal of property seized and impounded
1: A local authority, the Director-General, the chief executive, or the commissioner local authority, the Director-General, the chief executive, or the commissioner local authority’s, the Director-General’s, the chief executive’s, or the commissioner’s
2: The local authority, the Director-General, the chief executive, or the commissioner local authority, the Director-General, the chief executive, or the commissioner
3: Any proceeds from the disposal must be applied to pay—
a: first, the costs incurred in seizing, impounding, transporting, and storing the property:
b: secondly, the costs of disposing of the property:
c: thirdly, any surplus to the owner of the property or the person from whom it was seized.
4: Subsections (2), (3)﻿(a), and (3)﻿(b) also apply in the following circumstances to property that has not been returned within 6 months after it was seized and impounded:
a: where the person from whom the property was seized cannot be contacted after reasonable efforts to find the person have been made:
b: where the property was not seized from a person and the owner of the property cannot be identified or contacted after reasonable efforts have been made to find the owner.
5: Any surplus remaining after applying subsection (3) forms part of the general revenues of the local authority or, if the Director-General, the chief executive, or the commissioner
6: In subsection (1), working days section 5(1) Section 40(1) amended 7 June 2023 section 35(1) Self-contained Motor Vehicles Legislation Act 2023 Section 40(1) amended 7 June 2023 section 35(2) Self-contained Motor Vehicles Legislation Act 2023 Section 40(2) amended 7 June 2023 section 35(1) Self-contained Motor Vehicles Legislation Act 2023 Section 40(5) amended 7 June 2023 section 35(3) Self-contained Motor Vehicles Legislation Act 2023
41: Protection against claims resulting from seizing or impounding of property under section 37
1: An enforcement officer is not liable for any loss or damage to property arising directly or indirectly from the seizing and impounding of the property under section 37
2: Subsection (1) does not apply if the enforcement officer acted without good faith or if his or her omission or neglect was a major departure from the standard of care expected of a reasonable person in the circumstances.
4: Miscellaneous matters
42: Relationship of this Act with other enactments
1: This Act does not limit or affect the powers of a local authority under the Local Government Act 2002
2: This Act does not limit or affect the following powers:
a: the powers of the Department under the conservation Acts:
b: the powers of the NZTA under the transport Acts:
c: the powers of LINZ under the Crown land Acts.
3: This Act does not limit or affect any rights a person may have under any enactment to occupy a local authority area, conservation land, or LINZ land
4: Nothing in section 50 section 37(1) Section 42(2) replaced 7 June 2023 section 36(1) Self-contained Motor Vehicles Legislation Act 2023 Section 42(3) amended 7 June 2023 section 36(2) Self-contained Motor Vehicles Legislation Act 2023
43: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of fines, must not be more than $3,000:
b: prescribing different penalties for different infringement offences or classes of infringement offences, defined in any way (including by the seriousness of the offence or whether it is a repeat offence):
c: prescribing the form of—
i: infringement notices and reminder notices, and the information to be included in the notices; and
ii: seizure and impounding notices, and the information to be included in the notices:
d: providing for anything that this Act says may or must be provided for by regulations:
e: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 43(1) replaced 7 June 2023 section 37 Self-contained Motor Vehicles Legislation Act 2023 Section 43(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
44: Orders in Council to specify track as Great Walks Track
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation,—
a: specify a track as a Great Walks Track for the purposes of section 5(3)
b: remove the name of a track specified in Schedule 1
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 44(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
45: Evidence in proceedings
A certificate signed by the chief executive of a local authority, the Director-General, the chief executive, or the commissioner Section 45 amended 7 June 2023 section 38 Self-contained Motor Vehicles Legislation Act 2023
45A: Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2023
1: The Minister must—
a: review the effect of the amendment Act on homelessness; and
b: prepare a report on that review, including recommendations (if any) for amendments to this Act and the Plumbers, Gasfitters, and Drainlayers Act 2006
2: The Minister must—
a: start the review no later than 2 years after the commencement date; and
b: complete the review no later than 30 months after the commencement date; and
c: present the report to the House of Representatives as soon as practicable after it has been completed.
3: In this section,— amendment Act Self-contained Motor Vehicles Legislation Act 2023 commencement date Part 1 section 2(1)﻿(a)﻿(i) to (iv) Section 45A inserted 7 June 2023 section 39 Self-contained Motor Vehicles Legislation Act 2023
5: Transitional provisions for current camping-related local authority bylaws
Subpart 5 repealed 31 August 2012 section 9
46: Purpose of this subpart
Section 46 repealed 31 August 2012 section 9
47: Infringement offences for camping-related local authority bylaw provisions specified in Schedule 3
Section 47 repealed 31 August 2012 section 9
48: Infringement offences for camping-related local authority bylaw provisions specified in Schedule 4
Section 48 repealed 31 August 2012 section 9
49: Empowering legislation otherwise applies to bylaw provisions
Section 49 repealed 31 August 2012 section 9
50: Descriptions of offences in Schedules 3 and 4
Section 50 repealed 31 August 2012 section 9