Queenstown Lakes' restrictive freedom camping rules deemed 'invalid'

A freedom camping bylaw adopted by the Queenstown Lakes District Council three years ago has been ruled invalid following a challenge by the New Zealand Motor Caravan Association in the High Court.

However, while the council has issued a statement acknowledging the judge's ruling, the caravanning group says the council has "jumped the gun" in doing so.

"The court has ruled QLDC’s 2021 Freedom Camping Bylaw is invalid, but they have yet to determine what that means," the group's policy and property manager James Imlach tells Crux.

"During the court case QLDC’s lawyers sought and were granted time to make submissions to the court in respect of relief if the court ruled their bylaw was invalid.

"That has not even happened yet.

"The final outcome from the court’s ruling is yet to be determined by the court, and therefore QLDC’s announcement is premature."

However in a statement Tuesday, QLDC chief executive Mike Theelen describes the court's ruling as "disappointing" with the council now in the position of having to "determine next steps for managing camping over the summer". 

Mr Theelen says these will include providing more information and signage for freedom campers.

Freedom camping is a contentious issue for the district, and members of the caravanning association have long argued rules put in place by the council have been too restrictive.

But Mr Theelen makes no apology for them.

“We are a tourist destination and we warmly welcome responsible campers to our district," he says.

"But over the years we’ve had to respond to overuse by a large number of freedom campers and very anti-social behaviour by some, which has affected our communities and environment."

He says the 2021 bylaw from the council sought to balance national legislation with the needs and expectations of campers and locals.

"We have consulted extensively with our community on this contentious topic and received strong feedback that the inconsiderate actions of so many freedom campers created a very negative experience for locals and other visitors alike.

"While we acknowledge this was not true of all freedom campers, the impact of some on the community has been serious.”

Meanwhile, work has already begun on a revamped freedom camping bylaw for the district, as part of its usual review timeframe.   

Mr Theelen says the latest court proceedings will influence that process, just as previous court challenges had influenced the last bylaw review.

“We expect the NZMCA to continue to advocate for freedom camping and hold councils to a strict application of the freedom camping laws. This is the challenge ahead of council as it develops a new bylaw."