The High Court’s recent ruling on freedom camping regulations in the Queenstown Lakes District has sparked debate and uncertainty. The court declared invalid the 2021 Freedom Camping Bylaw adopted by the Queenstown Lakes District Council (QLDC), leaving both parties to grapple with its implications. The New Zealand Motor Caravan Association (NZMCA), which challenged the bylaw, argues that the council’s response to the ruling is premature according to an article by CRUX.
NZMCA’s James Imlach stated, “The court has ruled QLDC’s 2021 Freedom Camping Bylaw is invalid, but they have yet to determine what that means.” He explained that during the High Court case, QLDC’s lawyers were granted time to make submissions regarding relief if the court ruled their bylaw invalid. This process has not yet occurred, and the final outcome remains undetermined.
QLDC Chief Executive Mike Theelen expressed disappointment with the High Court’s ruling. He emphasized the need to determine next steps for managing camping over the summer, including providing more information and signage for freedom campers. Theelen defended the council’s position, stating, “We are a tourist destination and we warmly welcome responsible campers to our district. But over the years we’ve had to respond to overuse by a large number of freedom campers and very antisocial behavior by some, which has affected our communities and environment.”
Freedom camping, a practice where travelers can camp on public land that is not a designated camping ground, has caused significant impacts on the local community and environment. The council conducted extensive public consultation on this contentious topic. They received strong feedback that the inconsiderate actions of many freedom campers created a negative experience for locals and other visitors alike.
The 2021 bylaw was highly restrictive, allowing freedom camping at only one site in Luggate with strict conditions. Campers could stay for no more than two consecutive nights at any one site and must be in a self-contained vehicle, which typically includes onboard water and waste management systems. However, the consultation process faced criticism for considering impacts on neighboring property owners, which the High Court deemed irrelevant to the Freedom Camping Act.
The QLDC has already begun work on new camping regulations as part of its usual review timeframe. Theelen acknowledged that the recent High Court proceedings would influence this process, just as previous legal challenges had shaped the last bylaw review. The council anticipates ongoing advocacy from the NZMCA and recognizes the challenge of developing a new bylaw that adheres strictly to freedom camping laws while addressing community concerns.
Both the QLDC and the NZMCA await further clarification from the High Court on the implications of the ruling, including any relief or further submissions. This case’s outcome could significantly impact freedom camping regulations across New Zealand, potentially affecting campground and RV park owners in the area.