Camping

Freedom Camping Bylaw 2016

Gisborne District

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Freedom Camping Bylaw 2016

This Freedom Camping bylaw is effective from 5 November 2016 and applies to the whole of the Gisborne district. Freedom camping (as under the Freedom Camping Act 2011) is free camping anywhere on public land that is not restricted or prohibited.

Prohibited areas are reserves, registered summer campgrounds or areas where the bylaw prohibits freedom camping.

Gisborne District Council Freedom Camping Bylaw 2016 

Restricted Areas - Maps   |    Prohibited Areas - Maps

Gisborne DIstrict Council Freedom Camping Bylaw 2016 [PDF, 2.8 MB]  

1. Title

1.1 This bylaw may be cited as the "Gisborne District Council Freedom Camping Bylaw 2016".

2. Commencement and application

2.1 This Bylaw shall come into force on 5 November 2016 and shall apply to the whole of the Gisborne district.

2.2 This Bylaw shall have the effect of repealing the Gisborne District Council Freedom Camping Bylaw 2015.

3. Enabling enactments

3.1 This Bylaw is made pursuant and subject to the Freedom Camping Act 2011, Local Government Act 2002 and the Litter Act 1979.

4. Scope

4.1 The purpose of this Bylaw is to regulate and manage freedom camping on public land controlled and managed by the Gisborne District Council in the Gisborne district.

5. Definitions and interpretations

5.1 The Interpretation Act 1999 shall apply to this Bylaw.

5.2 In this Bylaw,all definitions in Sections 4-7 of the Freedom Camping Act 2011 shall apply and unless the context other wise specifies:

Term Definition
Act Means the Freedom Camping Act 2011
Campsite Means a site used for freedom camping in a local authority area.
Council Means the Gisborne District Council or any Committee of the Council or officer delegated to exercise the authority of Council.
District Means the territory of Council.
Enforcement officer Has the same meaning as contained in Section 4 of the Act.
Freedom camp Has the same meaning as contained in Section 5 of the Freedom Camping Act 2011 .
Litter Has the same meaning as contained in Section 2 of the Litter Act 1979 .
Local authority area Has the same meaning as contained in Section 6 of the Act.
Offence Has the same meaning as contained in Section 4 of the Act.
Person Includes a corporation and also a body of persons whether corporate or unincorporated.
Public notice Means the same as in Section 2 of the Local Government Act 2002 and ‘published’ and ‘publicly notified’ have corresponding meanings. 
Self-contained vehicle Means a vehicle designed and built for the purpose of camping which has the capability of meeting the ablutionary and sanitary needs of the occupants of that vehicle for a minimum of three days without requiring any external services or discharging any waste and complies with New Zealand Standard 5465:2001, as evidenced by the display of a current self-containment warrant issued under New Zealand Standard Self Containment of Motor Caravans and Caravans, NZS 5465:2001

For the avoidance of doubt, the vehicle shall be equipped with a toilet that is adequately restrained or secured when travelling. The toilet shall be readily usable within the vehicle including sufficient head and elbow room at all times, even with the bed made up.
Summer camping Means camping in a Council-controlled summer campground registered under the Camping Ground Regulations 1985 .  Schedule 2 – Part B identifies.
Summer campground Means a campground registered under the Camping Ground Regulations 1985
Waste Has the same meaning as contained in Section 4 of the Act.

5.3 Words importing the singular number include the plural number, and words importing the plural number include the singular number.

5.4 The headings to the clauses of this Bylaw shall not affect the construction thereof.

5.5 Every Schedule to this Bylaw shall be deemed to form part of the Bylaw.

6. Prohibited areas 

6.1 A person must not freedom camp in any prohibited area within the District without the prior written consent of Council.

6.2 A person must not freedom camp in any sign-posted Gisborne District reserve, with the exception of the summer campground areas at Tolaga Bay and Doneraille Park during unrestricted times (see clause 7.2).

6.3 Prohibited areas are described in the maps in Schedule 1 of this Bylaw.

6.4 The prohibited areas identified in Schedule 1 are for the purpose of identifying areas prohibited under this Bylaw and are in addition to areas where freedom camping is not permitted under another enactment or regulation.

7. Restricted areas 

7.1 Freedom Camping is permitted in any local authority area within the District unless restricted or prohibited:

a. In accordance with this Bylaw; or

b. Under any other enactment (including but not limited to the Reserves Act 1977 and reserve management plans prepared under the Reserves Act, the Camping-Grounds Regulations 1985).

7.2 Schedule 2 identifies Restricted Areas for freedom camping. These are areas Council has identified for freedom camping to occur in a controlled manner, subject to the restrictions in the following table.

Areas

Map No

General Restrictions

These restrictions apply to all Restricted Areas

Maps 2A to 2L

The period of stay shall be limited to three nights in one area in any 30 day period.

Effluent is disposed of in an appropriate manner at purpose-built septage disposal facilities.

Solid waste is disposed of in Council rubbish bins or at facilities intended for waste management.
Camping does not cause a nuisance or unreasonable disturbance, through the creation of excessive noise, to other persons camping in the area or local residents.

Parking is in a legal manner.

The campsite does not restrict access to public areas and private land.

Campers allow enforcement officers to inspect any campsite and comply with any reasonable directions of an enforcement officer.

Campers do not light any fires.

The site is left in a tidy state and undamaged.

Gisborne Urban Area

(other than areas below)

2A

Freedom Camping must be in a self-contained vehicle.

Freedom Camping must only be on formed parking areas.

Makorori car park

2B

Freedom Camping must be in a motor vehicle.

 

Freedom Camping must be in a motor vehicle.

 

Freedom Camping must be in a motor vehicle.

 

Freedom Camping must be in a motor vehicle.

Marina car park

2C

Motu rest area

2D

Kaiti Beach car park

2E

Tolaga Bay

2F

Freedom Camping can only occur outside of the daylight saving period. These areas are operated as a Summer Camping Grounds during the daylight saving period.

Tokomaru Bay (north)

2G

Kaiaua Beach

2I

Tokomaru Bay (south)

2H

 

 

Freedom Camping can only occur outside of the daylight saving period. These areas are operated as a Summer Camping Grounds during the daylight saving period.

 

Freedom Camping must be in a self-contained vehicle.

Doneraille Park

2J

8. Prior consent from Council

8.1  Consent may be sought from Council to allow freedom camping on a site listed in Schedule 1 (Prohibited Areas), which may be granted following consultation with iwi, with or without conditions.  Consent may be applied for in writing, providing sufficient detail about the proposed camping, to the Chief Executive of the Council at least 20 working days in advance of the date planned for freedom camping on the Prohibited Area.

8.2  Permission may be sought from the Council to waive or modify freedom camping restrictions as set out in clause 7.2 on a freedom camping site in a Restricted Area, which may be granted, with or without conditions. Consent must be applied for in writing, providing sufficient detail about the proposed camping, to the Chief Executive of the Council at least 20 working days in advance of the date planned for freedom camping in the area where restrictions apply.

9. Council may close an area to freedom camping

9.1 The Council may temporarily close or restrict freedom camping on any area or part of any area where such restriction is considered necessary by Council to:

a. Prevent damage to the local authority area or facilities in the area: or

b. Allow maintenance to the local authority area or facilities thereon; or

c. Protect the safety of persons or property; or

d. Provide for unfettered public access.

10. Offences

10.1 As specified in section 20 of the Act.

11. Penalties

11.1 As specified in section 23 of the Act.

12. Relationship of bylaw with treaty settlement legislation

12.1 This Bylaw does not limit or affect the rights of iwi entitlements under any legislation passed in order to give effect to settlements under the Treaty of Waitangi. 

Schedule 1: Prohibited Areas 

Council prohibits freedom camping in Prohibited Areas as per clause 6 of this Bylaw.

Map 1A: Marina car park (part)

Prohibited 1A Marina car park

Map 1B: Makorori Beach

Prohibited 1B Makorori Beach 

Map 1C: Tolaga Bay South

Prohibited 1C Tolaga Bay South 

Map 1D: Tolaga Bay North (part)

Prohibited 1D Tolaga Bay North 

Map 1E: Tolaga Bay Wharf car park

 Prohibited 1E Tolaga Bay Wharf2

Map 1F: Kaiaua Beach (part)

Prohibited 1F Kaiaua Beach 

Schedule 2: Restricted Areas

Council encourages freedom camping in Restricted Areas subject to the restrictions in clause 7 of this Bylaw.

Map 2A: Gisborne urban area

Restricted Gisborne Urban Area 

Map 2B: Makorori car park

Restricted 2B Makorori car park 

Map 2C: Marina car park

Restricted 2C Marina car park 

Map 2D: Motu rest area

Restricted 2D Motu rest area 

Map 2E: Kaiti Beach car park

Restricted 2E Kaiti Beach car park 

Map 2F: Tolaga Bay

Restricted 2F Tolaga Bay 

Map 2G: Tokomaru Bay North

Restricted 2G Tokomaru Bay north 

Map 2H: Tokomaru Bay South

Restricted 2H Tokomaru Bay south 

Map 2I: Kaiaua Beach

Restricted 2I Kaiaua Beach 

Map 2J: Doneraille Park

Restricted 2J Doneraille Park 

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