Freedom Camping Act 2011
Version as at 13 July 2023
Freedom Camping Act 2011
Public Act |
2011 No 61 |
|
Date of assent |
29 August 2011 |
|
Commencement |
see section 2 |
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Department of Conservation and the Department of Internal Affairs.
Contents
The Parliament of New Zealand enacts as follows:
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.
Part 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, the Land Transport Management Act 2003, the Public Works Act 1981, or the Railways Act 2005:
(b)
land controlled or managed by the Department of Conservation under the Conservation Act 1987, the National Parks Act 1980, the Reserves Act 1977, or the Wildlife Act 1953:
(c)
land managed or controlled by LINZ on behalf of the Crown under the Crown Pastoral Land Act 1998, the Land Act 1948, the Marine and Coastal Area (Takutai Moana) Act 2011, the New Zealand Railways Corporation Act 1981, or the 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 provides for preliminary matters and defines words and phrases used in the Act.
(6)
Part 2 has 3 subparts, which deal with the following matters:
(a)
subpart 1: freedom camping on land under the control of local authorities, as specified in subsection (2)(a):
(b)
subpart 2: freedom camping on land under the control of the Department of Conservation, as specified in subsection (2)(b):
(c)
subpart 3: freedom camping on land under the control of LINZ, as specified in subsection (2)(c).
(6A)
In Part 2,—
(a)
subparts 1 and 2 permit freedom camping unless it is restricted or prohibited in accordance with the provisions of each subpart; and
(b)
subpart 3 does not permit freedom camping unless it is permitted in accordance with the provisions of that subpart.
(7)
Part 3 has 5 subparts, which deal with the following matters:
(a)
subpart 1: offences, defences, and penalties:
(b)
subpart 2: how proceedings for an offence may be commenced and the persons against whom the proceedings may be taken:
(c)
subpart 3: the appointment and powers of enforcement officers and matters relating to any property seized by an enforcement officer:
(d)
subpart 4: miscellaneous matters:
(e)
subpart 5: transitional infringement offence provisions relating to current local authority camping-related bylaws.
Section 3(2): replaced, on 7 June 2023, by section 4(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 3(3): amended, on 7 June 2023, by section 4(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 3(6): replaced, on 7 June 2023, by section 4(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 3(6A): inserted, on 7 June 2023, by section 4(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
4 Interpretation
In this Act, unless the context requires another meaning,—
certificate of self-containment means a certificate of self-containment issued under section 87U of the Plumbers, Gasfitters, and Drainlayers Act 2006
chief executive means the chief executive of LINZ
commissioner means the Commissioner of Crown Lands appointed under section 24AA(1) of the Land Act 1948
conservation Act means any one of the conservation Acts
conservation land has the meaning given by section 7
Crown land Act means any one of the Crown land Acts
Department means the Department of Conservation
Director-General means the Director-General of the Department
enforcement officer means a person appointed as an enforcement officer under section 32, 33, or 33A
freedom camp has the meaning given in section 5
infringement fee, in relation to an infringement offence, means the infringement fee for that infringement offence
infringement offence means an offence against section 20, 20A, 20B, or 20C
LINZ means Land Information New Zealand
LINZ land has the meaning given in section 8
local authority means a regional council or a territorial authority (as those terms are defined in section 5(1) of the Local Government Act 2002)
local authority area has the meaning given in section 6
Minister means,—
(a)
for the purposes of sections 43(1) and 45A and clause 3(1) of Schedule 1AA,—
(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 means each of the following:
(a)
a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998:
(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 or NZTA means the Agency established by section 93 of the Land Transport Management Act 2003
NZTA land has the meaning given in section 6A
offence means an offence under this Act and includes an infringement offence
owner, in relation to a motor vehicle, has the same meaning as in section 2(1) of the Land Transport Act 1998, and owned has a corresponding meaning
rental company means the holder of a rental service licence under the Land Transport Act 1998
self-contained, in relation to a motor vehicle, means that the vehicle has a valid certificate of self-containment issued in accordance with section 87U(3)(d) of the Plumbers, Gasfitters, and Drainlayers Act 2006 (but see subpart 1 of Part 1 of Schedule 1AA for the meaning of self-contained during the transitional period)
transport Act means any one of the transport Acts
transport Acts means the following Acts:
(a)
(b)
(c)
(d)
(e)
(f)
vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
warrant card means the warrant card referred to in section 87X(1)(b) of the Plumbers, Gasfitters, and Drainlayers Act 2006
waste means any kind of waste, including human waste
waste receptacle means a receptacle or facility that is provided for the purposes of disposing of waste (for example, a rubbish bin, public toilet, or bulk waste disposal unit).
Section 4 certificate of self-containment: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 chief executive: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 commissioner: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 Crown land Act: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 Crown land Acts: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 enforcement officer: amended, on 7 June 2023, by section 5(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 freedom camping notice or notice: repealed, on 7 June 2023, by section 5(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 infringement fee: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 infringement offence: amended, on 7 June 2023, by section 5(4) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 LINZ: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 LINZ land: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 Minister: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 motor vehicle: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 New Zealand Transport Agency or NZTA: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 NZTA land: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 owner: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 rental company: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 self-contained: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 transport Act: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 transport Acts: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 vehicle: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 warrant card: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 4 waste receptacle: inserted, on 7 June 2023, by section 5(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
5 Meaning of freedom camp
(1)
In this Act, freedom camp means to camp (other than at a camping ground) within 200 m of an area accessible by motor vehicle or within 200 m of the mean low-water springs line of any sea or harbour, or on or within 200 m of a formed road or a Great Walks Track, using either or both of the following:
(a)
a tent or other temporary structure:
(b)
a motor vehicle.
(2)
In this Act, freedom camping does not include the following activities:
(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 motor vehicle to avoid driver fatigue.
(2A)
In this Act, a person is not freedom camping if the person—
(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 means—
(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 means—
(a)
a track specified in Schedule 1; and
(b)
any other track specified by Order in Council made under section 44 as a Great Walks Track
immigration instructions has the same meaning as in section 4 of the Immigration Act 2009
residential accommodation includes accommodation in a dwelling house, flat, hotel, motel, boarding house, or camping ground.
Section 5(1): replaced, on 7 June 2023, by section 6(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 5(2)(c): amended, on 7 June 2023, by section 6(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 5(2A): inserted, on 7 June 2023, by section 6(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 5(3): amended, on 7 June 2023, by section 6(4) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 5(3) camping ground paragraph (a): amended, on 7 June 2023, by section 6(5) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 5(3) immigration instructions: inserted, on 7 June 2023, by section 6(6) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 5(3) residential accommodation: inserted, on 7 June 2023, by section 6(6) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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; 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.
(2)
Despite subsection (1), in this Act, local authority area, in relation to the Auckland Council,—
(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; 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.
(3)
In subsection (2), Auckland and Auckland Transport have the meanings given in section 4(1) of the Local Government (Auckland Council) Act 2009.
Section 6(1)(a): replaced, on 7 June 2023, by section 7(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 6(2)(a): replaced, on 7 June 2023, by section 7(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 8 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 9 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
9 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Section 9: replaced, on 7 June 2023, by section 9 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
9A Act binds the Crown
This Act binds the Crown.
Section 9A: inserted, on 7 June 2023, by section 9 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Part 2 Where freedom camping permitted
Subpart 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; or
(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; or
(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.
(4)
A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A.
(5)
See subpart 3 of Part 1 of Schedule 1AA for the applicable law during the transitional period.
Section 10: replaced, on 7 June 2023, by section 10 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 10(4): inserted, on 13 July 2023, by section 10 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 10 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, to be a local authority area.
(4)
[Repealed](5)
[Repealed](6)
[Repealed](7)
[Repealed]Section 11(3): replaced, on 7 June 2023, by section 11 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 11(4): repealed, on 7 June 2023, by section 11 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 11(5): repealed, on 7 June 2023, by section 11 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 11(6): repealed, on 7 June 2023, by section 11 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 11(7): repealed, on 7 June 2023, by section 11 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, to be a local authority area.
Section 11A: inserted, on 7 June 2023, by section 12 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
11B Requirements relating to bylaws made under sections 10A to 11A
(1)
A bylaw made under section 10A, 11, or 11A must define an affected area in either or both of the following ways:
(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 of the Local Government Act 2002 (as modified by section 86 of that Act) when—
(a)
making a bylaw under section 10A, 11, or 11A; or
(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, or 11A, but only if the changes or corrections do not affect—
(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 means the following:
(a)
in the case of a bylaw made under section 10A, an area of NZTA land declared to be a local authority area:
(b)
in the case of a bylaw made under section 11, an area where freedom camping is restricted or prohibited:
(c)
in the case of a bylaw made under section 11A, an area where camping in a motor vehicle that is not self-contained is permitted
publicly notified, in relation to a resolution, means a resolution given in accordance with the requirements of the definition of public notice in section 5(1) of the Local Government Act 2002.
Section 11B: inserted, on 7 June 2023, by section 12 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
12 Bylaws must not absolutely prohibit freedom camping
(1)
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.
(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, or 11A no later than 5 years after the date on which the bylaw was made.
(2)
A local authority must review a bylaw made by it under section 10A, 11, or 11A no later than 10 years after the bylaw was last reviewed as required by subsection (1) or this subsection.
(3)
A local authority must review a bylaw made by it under section 11 and to which subsection (1) or (2) applies by making the determinations required by 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 of the Local Government Act 2002.
(5)
For the purposes of subsection (4)(b), the statement of proposal referred to in section 83(1)(a) of the Local Government Act 2002 must include—
(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) of this Act.
(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, on 7 June 2023, by section 13(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 13(2): amended, on 7 June 2023, by section 13(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 13(3): amended, on 7 June 2023, by section 13(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 13(4)(a): amended, on 7 June 2023, by section 13(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
13A Bylaw revocation postponed as result of outbreak of COVID-19
[Repealed]Section 13A: repealed, on 1 July 2021, by section 13A(3).
14 Application of Local Government Act 2002 to bylaws
(1)
To the extent that the Local Government Act 2002 applies to bylaws made under other enactments, that Act also applies to a bylaw made under this Act.
(2)
Subsection (1) is subject to any provision to the contrary in this Act.
Subpart 2—Freedom camping on conservation land
15 Where freedom camping on conservation land permitted
(1)
Freedom camping is permitted on any conservation land unless freedom camping is restricted or prohibited on the land—
(a)
[Repealed](b)
in accordance with a notice made under section 17; or
(c)
under a conservation Act or any other enactment.
(2)
A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on conservation land on which freedom camping in a motor vehicle is restricted to self-contained motor vehicles.
Section 15 heading: replaced, on 7 June 2023, by section 14(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 15(1)(a): repealed, on 1 April 2012, by section 8.
Section 15(1)(b): amended, on 7 June 2023, by section 14(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 15(2): inserted, on 13 July 2023, by section 14(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
16 Freedom camping restriction and prohibition signs
[Repealed]Section 16: repealed, on 1 April 2012, by 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; and
(b)
the Director-General has first consulted the Conservation Board established under section 6L of the Conservation Act 1987 that has jurisdiction over the conservation land to which the notice relates.
(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 of the Legislation Act 2019 for publication requirements); but
(b)
despite section 26 of that Act, commences in accordance with section 18(2)(b).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must: | LA19 ss 73, 74(1)(a), Sch 1 cl 14 | ||
| • publish a summary of it (which complies with section 18(2)) in the 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) must also be complied with | ||||
| Presentation | It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019 | LA19 s 114, Sch 1 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, on 7 June 2023, by section 15 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 17(1): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 17(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
18 Public notification of notices restricting or prohibiting freedom camping on conservation land
(1)
A notice published under section 17 is published in accordance with this section if a summary of the notice—
(a)
[Repealed](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 must—
(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 or the summary is published under subsection (1)(b)); and
(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)
[Repealed](b)
[Repealed](c)
[Repealed](d)
supply to any person, on request and on payment of a reasonable charge, a copy of a notice.
Section 18 heading: replaced, on 7 June 2023, by section 16(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 18(1): amended, on 7 June 2023, by section 16(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 18(1)(a): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 18(2): amended, on 7 June 2023, by section 16(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 18(2)(b): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 18(3)(a): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 18(3)(b): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 18(3)(c): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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 of the Conservation Act 1987.
Subpart 3—Freedom camping on LINZ land
Subpart 3: inserted, on 7 June 2023, by section 17 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
19A Where freedom camping on LINZ land permitted
(1)
Freedom camping is not permitted on LINZ land except in accordance with a notice made under section 19B.
(2)
A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained.
Section 19A: inserted, on 7 June 2023, by section 17 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 19A(2): inserted, on 13 July 2023, by section 17 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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)
(b)
the Land Act 1948.
(2)
The commissioner may, by notice published in accordance with section 19D, define LINZ land where freedom camping is permitted and the restrictions and conditions, if any, that apply to freedom camping on that land.
(3)
Subsection (4) applies to LINZ land that is controlled or managed under 1 or more of the following Acts:
(b)
(4)
The chief executive may, by notice published in accordance with section 19D, define LINZ land where freedom camping is permitted and the restrictions and conditions, if any, that apply to freedom camping on that land.
(5)
A notice published under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| 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, on 7 June 2023, by section 17 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
19C Commissioner and chief executive must consult before making notice
(1)
Before making a notice under section 19B(2), the commissioner must consult persons that the commissioner considers are likely to be significantly affected by the notice or persons that the commissioner considers to be representatives of those persons.
(2)
Before making a notice under section 19B(4), the chief executive must consult persons that the chief executive considers are likely to be significantly affected by the notice or persons that the chief executive considers to be representatives of those persons.
(3)
The requirements in subsections (1) and (2) do not apply to an area of LINZ land described in Schedule 3 if—
(a)
any restriction or condition in a notice made under section 19B that applies to the area of LINZ land is the same as a restriction or condition that applied to the area of LINZ land before the notice was made; and
(b)
a notice applying to the area of LINZ land has not previously been made under section 19B(2) or (4).
Section 19C: inserted, on 7 June 2023, by section 17 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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) and 18 apply with any necessary modifications, including the following:
(a)
in section 18(1)(b)(ii), the reference to the Director-General must be read as a reference to the chief executive or the commissioner, as applicable:
(b)
in section 18(2)(c) and (3), the references to the Department must be read as references to LINZ.
Section 19D: inserted, on 7 June 2023, by section 17 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Part 3 Enforcement, miscellaneous, and transitional provisions
Subpart 1—Offences, defences, and penalties
Infringement offences
Heading: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 or 11A that applies to the area; or
(b)
freedom camps in a local authority area, other than a local authority area defined in a bylaw made under section 11A as permitting motor vehicles that are not self-contained, using a motor vehicle that is not self-contained; or
(c)
fails to display a warrant card in a motor vehicle that the person is using to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A; or
(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 or 11A that applies to the area; or
(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 as permitting motor vehicles that are not self-contained, using a motor vehicle that is not self-contained; or
(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 and 20B, to make preparations means to do either or both of the following:
(a)
erect a tent to use it for freedom camping:
(b)
park a motor vehicle to use it for freedom camping.
Section 20: replaced, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 20(1)(c): inserted, on 13 July 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 that applies to the land; or
(b)
fails to display a warrant card in a motor vehicle that the person is using to freedom camp on conservation land on which freedom camping is restricted to self-contained motor vehicles; or
(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 that applies to the land; or
(e)
fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36.
Section 20A: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 20A(b): inserted, on 13 July 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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; or
(b)
freedom camps on LINZ land in breach of any restriction or condition specified in a notice made under section 19B that applies to the land; or
(c)
fails to display a warrant card in a motor vehicle that the person is using to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained; or
(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; or
(f)
makes preparations to freedom camp on LINZ land in breach of any restriction or condition in a notice made under section 19B that applies to the land; or
(g)
fails or refuses to leave LINZ land when required to do so by an enforcement officer acting under section 36.
Section 20B: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 20B(c): inserted, on 13 July 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, or gives false or misleading information.
Section 20C: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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; or
(b)
if no regulations have been made under section 43 prescribing infringement fees, an infringement fee of $400; or
(c)
a fine imposed by a court not exceeding $3,000 or any lesser or equal amount prescribed by the regulations.
Section 20E: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Other offences
Heading: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Defences to offences
Heading: inserted, on 7 June 2023, by section 18 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
21 Strict liability offences
[Repealed]Section 21: repealed, on 7 June 2023, by section 19 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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), or 20B(d)(ii) if the court concerned is satisfied that—
(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 and in relation to which the person to whom the notice was issued is a person described in section 26(1)(b) or (c).
(5)
The defences available under section 133A(3) and (4) of the Land Transport Act 1998 apply to the person as if the offence were a stationary vehicle offence within the meaning of section 2(1) of that Act.
(6)
The defences available under this section do not limit any other defences that may be available.
Section 22(3): amended, on 7 June 2023, by section 20 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
23 Penalties
[Repealed]Section 23: repealed, on 7 June 2023, by section 21 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Cost of damage
Heading: inserted, on 7 June 2023, by section 22 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 and are recoverable as if they were a fine.
Section 24(1): replaced, on 7 June 2023, by section 23 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 24(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Subpart 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 of the 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; or
(b)
an enforcement officer filing a charging document under section 14 of the 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 of the Summary Proceedings Act 1957, and that section applies accordingly with any necessary modifications.
(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 of the Summary Proceedings Act 1957.
Section 25(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 25(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
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 of the Land Transport Act 1998:
(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, on 7 June 2023, by section 24 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 of the Land Transport Act 1998.
(3)
Subsection (2) does not limit the generality of subsection (1).
Section 27: replaced, on 7 June 2023, by section 25 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 of the Land Transport Act 1998; or
(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 means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications
land transport document means a licence, permit, approval, authorisation, exemption, certificate, or similar document issued under one of the following Acts:
(a)
(b)
(c)
Section 27A: inserted, on 7 June 2023, by section 25 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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) of the Summary Proceedings Act 1957 applies to the alleged offence:
(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, on 7 June 2023, by section 25 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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), a reminder notice must be in the form set out in 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 referred to as the particular offence) that is alleged to have been committed—
(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 have effect despite anything to the contrary in the rental service agreement.
(4)
In this section and section 30,—
costs includes the administration fee that is, as permitted by section 30(4), specified in a rental service agreement
credit card includes a debit card.
Section 29(4) rental company: repealed, on 7 June 2023, by section 26 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 of a person so served.
(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 is withdrawn; or
(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, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
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 must be paid into a Crown Bank Account.
(3)
All infringement fees resulting from infringement notices issued by enforcement officers appointed by the chief executive or the commissioner under section 33A must be paid into a Crown Bank Account.
(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, on 7 June 2023, by section 27 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 31(4): inserted, on 7 June 2023, by section 27 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Subpart 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, on 7 June 2023, by section 28 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 29 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, on 7 June 2023, by section 30 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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, telephone number, and occupation; and
(b)
the full name, date of birth, full address, email address, telephone number, occupation, and whereabouts of any other person connected in any way with the alleged offence.
(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); or
(b)
the person—
(i)
has committed or is committing an offence under section 20A(a) or (d) or 20B(b) or (f); and
(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 of the Evidence Act 2006.
Section 35(1)(a): amended, on 7 June 2023, by section 31(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 35(1)(b): amended, on 7 June 2023, by section 31(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 35(1A): inserted, on 7 June 2023, by section 31(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 concerned.
Section 36 heading: amended, on 7 June 2023, by section 32(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 36: amended, on 7 June 2023, by section 32(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 applies, the requirements of that section are satisfied; and
(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 under section 37 only if the officer is satisfied on reasonable grounds that the seizure—
(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, on 7 June 2023, by section 33(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 38: amended, on 7 June 2023, by section 33(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
39 Return of property seized and impounded
(1)
The owner of property that has been seized and impounded under section 37, or the person from whom the property was seized, may request the local authority concerned, the Director-General, the chief executive, or the commissioner to return the property.
(2)
The local authority, the Director-General, the chief executive, or the commissioner must return the property if—
(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 in seizing, impounding, transporting, and storing the property.
(3)
If the local authority, the Director-General, the chief executive, or the commissioner refuses to return the property, the owner or person from whom it was seized may apply to the District Court to review the decision of 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 to refuse to return the property; or
(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 to commence or continue proceedings for the offence in relation to which the property was seized.
Section 39(1): amended, on 7 June 2023, by section 34(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 39(2): amended, on 7 June 2023, by section 34(2)(a) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 39(2)(b): amended, on 7 June 2023, by section 34(2)(b) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 39(3): amended, on 7 June 2023, by section 34(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 39(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 39(4)(a): amended, on 7 June 2023, by section 34(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 39(5)(b): amended, on 7 June 2023, by section 34(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
40 Disposal of property seized and impounded
(1)
A local authority, the Director-General, the chief executive, or the commissioner may dispose of property that has not been returned within 6 months after it was seized and impounded so long as the local authority, the Director-General, the chief executive, or the commissioner has given the owner of the property or, if the owner cannot be identified or contacted after reasonable efforts have been made, the person it was seized from, not less than 14 working days’ notice of the local authority’s, the Director-General’s, the chief executive’s, or the commissioner’s intention to dispose of the property.
(2)
The local authority, the Director-General, the chief executive, or the commissioner may dispose of the property as the local authority, the Director-General, the chief executive, or the commissioner thinks fit.
(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 has been responsible for the seized property, must be paid into a Crown Bank Account.
(6)
In subsection (1), working days has the meaning given to working day in section 5(1) of the Local Government Act 2002.
Section 40(1): amended, on 7 June 2023, by section 35(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 40(1): amended, on 7 June 2023, by section 35(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 40(2): amended, on 7 June 2023, by section 35(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 40(5): amended, on 7 June 2023, by section 35(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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.
Subpart 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 or any other enactment that confers powers on a local authority.
(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 (for example, rights of occupation under a nohoanga entitlement).
(4)
Nothing in section 50 of the Local Government (Auckland Council) Act 2009 limits or prevents the Auckland Council from exercising its powers under this Act in respect of a local authority area that forms part of the Auckland transport system (as that term is defined in section 37(1) of that Act).
Section 42(2): replaced, on 7 June 2023, by section 36(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 42(3): amended, on 7 June 2023, by section 36(2) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 of the Legislation Act 2019 for publication requirements).
| 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, Sch 1 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, on 7 June 2023, by section 37 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Section 43(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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 of the Legislation Act 2019 for publication requirements).
| 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, Sch 1 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, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
45 Evidence in proceedings
A certificate signed by the chief executive of a local authority, the Director-General, the chief executive, or the commissioner, in the absence of any evidence to the contrary, is sufficient evidence of the status of the contents of the certificate.
Section 45: amended, on 7 June 2023, by section 38 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
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 means the Self-contained Motor Vehicles Legislation Act 2023
commencement date means the date on which Part 1 of the amendment Act (except the provisions specified in section 2(1)(a)(i) to (iv) of the amendment Act) comes into force.
Section 45A: inserted, on 7 June 2023, by section 39 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Subpart 5—Transitional provisions for current camping-related local authority bylaws
[Repealed]Subpart 5: repealed, on 31 August 2012, pursuant to section 9.
47 Infringement offences for camping-related local authority bylaw provisions specified in Schedule 3
[Repealed]Section 47: repealed, on 31 August 2012, by section 9.
48 Infringement offences for camping-related local authority bylaw provisions specified in Schedule 4
[Repealed]Section 48: repealed, on 31 August 2012, by section 9.
49 Empowering legislation otherwise applies to bylaw provisions
[Repealed]Section 49: repealed, on 31 August 2012, by section 9.
50 Descriptions of offences in Schedules 3 and 4
[Repealed]Section 50: repealed, on 31 August 2012, by section 9.
Schedule 1AA Transitional, savings, and related provisions
Schedule 1AA: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Part 1 Provisions relating to Self-contained Motor Vehicles Legislation Act 2023
Schedule 1AA Part 1: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
1 Interpretation of this Part
In this Part,—
amendment Act means the Self-contained Motor Vehicles Legislation Act 2023
commencement date means the day after the amendment Act receives the Royal assent
existing standard means NZS 5465:2001 Self containment of motor caravans and caravans (as it read before it was modified by clause 5)
modified standard means the existing standard as modified by clause 5
transitional period means the period of time that—
(a)
starts on the commencement date; and
(b)
ends on the later of the following:
(i)
the day before the date that is 2 years after the commencement date:
(ii)
the latest date specified as the end date of period 4 by an Order in Council made under clause 3.
Schedule 1AA clause 1: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Subpart 1—Applicable standards for self-contained motor vehicles during transitional period
Schedule 1AA subpart 1: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Interpretation
Heading: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
2 Interpretation of this subpart
In this subpart,—
period 1 means the period of time that—
(a)
starts on the commencement date; and
(b)
ends on the day before the date that is 6 months after the commencement date
period 2 means the period of time that—
(a)
starts 6 months after the commencement date; and
(b)
ends on the day before the date that is 1 year after the commencement date
period 3 means the period of time that—
(a)
starts 1 year after the commencement date; and
(b)
ends on the day before the date that is 18 months after the commencement date
period 4 means the period of time that—
(a)
starts 18 months after the commencement date; and
(b)
ends on the later of the following:
(i)
the day before the date that is 2 years after the commencement date:
(ii)
the latest date specified as the end date of period 4 by an Order in Council made under clause 3.
Schedule 1AA clause 2: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Extension of period 4
Heading: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
3 Regulations extending period 4 of transitional period
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations specifying the end date of period 4.
(2)
The end date of period 4 may be extended to a date that is no more than 4 years after the commencement date.
(3)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| 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 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Schedule 1AA clause 3: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
4 Matters Minister must be satisfied of before recommending regulations be made
(1)
Before recommending that an Order in Council be made under clause 3(1), the Minister must—
(a)
consider, if relevant,—
(i)
the number of persons who have to date been appointed as self-containment certification authorities under section 87C(3) of the Plumbers, Gasfitters, and Drainlayers Act 2006:
(ii)
the number of persons who have to date been appointed as motor vehicle inspectors under section 87T(1) of that Act:
(iii)
the number of motor vehicles that have to date been issued with a certificate of self-containment under section 87U(3)(d) of that Act:
(iv)
any other matters the Minister considers relevant; and
(b)
consult any persons or groups that the Minister considers necessary or desirable to assist the Minister to make an assessment under subclause (2).
(2)
The Minister may recommend that an order be made under clause 3(1) only if the Minister is satisfied that the order is necessary or desirable to allow sufficient time for—
(a)
persons (other than rental companies) who own a motor vehicle that has not yet been issued with a certificate of self-containment to apply for a certificate of self-containment under section 87U(1) of the Plumbers, Gasfitters, and Drainlayers Act 2006; and
(b)
self-containment certification authorities to carry out their functions under section 87U(2) and (3) of that Act.
Schedule 1AA clause 4: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Applicable standards for self-contained motor vehicles during transitional period
Heading: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
5 Existing standard modified
(1)
For the purposes of this Act, the existing standard is modified on the commencement date as specified in subclause (2).
(2)
Clause 6.1 of the existing standard is replaced with the following text:
6.1
Minimum requirements
The motor caravan or caravan shall be equipped with a toilet that is permanently fixed to the motor caravan or caravan, in accordance with the manufacturer’s instructions.
Schedule 1AA clause 5: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
6 When motor vehicle is self-contained during transitional period
(1)
During the transitional period, a motor vehicle is self-contained within the meaning of this Act if it is self-contained as that term is defined in—
(a)
section 4; or
(b)
subclause (2).
(2)
A motor vehicle is self-contained if,—
(a)
during periods 1 to 3, the vehicle was certified, before the commencement date and in accordance with the requirements of the existing standard, as having met the existing standard; or
(b)
during periods 1 and 2, the vehicle is certified, in accordance with the requirements of the modified standard, as having met the modified standard; or
(c)
during period 3, the vehicle was certified, in period 1 or 2 and in accordance with the requirements of the modified standard, as having met the modified standard; or
(d)
during period 4, the vehicle is not owned by a rental company and—
(i)
was certified, before the commencement date and in accordance with the requirements of the existing standard, as having met the existing standard; or
(ii)
was certified, in period 1 or 2 and in accordance with the requirements of the modified standard, as having met the modified standard.
Schedule 1AA clause 6: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
7 Free public access to modified standard
(1)
The Ministry of Business, Innovation, and Employment (the Ministry) must ensure that an up-to-date version of the modified standard is—
(a)
publicly available free of charge on an Internet site maintained by or on behalf of the Ministry; and
(b)
available for inspection free of charge at the head office of the Ministry during business hours; and
(c)
for sale at a reasonable price at the head office of the Ministry during business hours.
(2)
This clause applies during the period of time that starts on the commencement date and ends at the conclusion of period 4.
Schedule 1AA clause 7: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Subpart 2—References to warrant card during transitional period
Schedule 1AA subpart 2: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
8 How certain references to warrant card are to be read during transitional period
During the transitional period, a reference to a warrant card in section 10(4), 15(2), 19A(2), 20(1)(c), 20A(b), or 20B(c) must be read as a reference to whichever of the following is applicable to the self-contained motor vehicle that is being used to freedom camp:
(a)
a warrant card:
(b)
a self containment warrant issued under clause 15.2 of the existing or the modified standard.
Schedule 1AA clause 8: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Subpart 3—Effect of amendment Act on bylaws
Schedule 1AA subpart 3: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
9 Application of this subpart
This subpart applies to any bylaw that authorises, prohibits, permits, restricts, or imposes conditions on freedom camping, provided that the bylaw is—
(a)
made by a local authority; and
(b)
in force immediately before the commencement date.
Schedule 1AA clause 9: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
10 Local authority must amend inconsistent bylaw
(1)
If a bylaw is inconsistent with the amendment Act,—
(a)
the amendment Act prevails and the bylaw has no effect to the extent of the inconsistency; and
(b)
the local authority must amend or revoke the bylaw to remove the inconsistency.
(2)
The local authority may, despite anything in this Act or any other legislation, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—
(a)
satisfy itself of the matters specified in section 11(2); or
(b)
use the special consultative procedure set out in section 11B(3).
Schedule 1AA clause 10: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
11 Local authority may make bylaw permitting freedom camping in motor vehicles that are not self-contained
(1)
Subclause (2) applies to a bylaw—
(a)
to which this subpart applies; and
(b)
that designates a local authority area as suitable for freedom camping in a motor vehicle that is not self-contained.
(2)
The bylaw continues in force during the transitional period unless it is earlier revoked, quashed, or replaced.
(3)
For the purposes of section 20(1)(a), (b), (c), (f), and (g), during the transitional period the bylaw must be treated as if it had been made under section 11 or 11A, as applicable.
(4)
A local authority may, despite anything in this Act or any other legislation, make a bylaw under section 11A (the new bylaw) revoking and replacing the bylaw to which subclause (2) applies (the old bylaw) if the application of the new bylaw is limited to the local authority area to which the old bylaw applied.
(5)
The local authority may make the new bylaw by resolution publicly notified, without being required to use the special consultative procedure referred to in section 11B(3).
Schedule 1AA clause 11: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
12 References to “self-contained” in existing bylaws
(1)
This clause applies to any reference in a bylaw to “self-contained” or “self contained” in relation to a motor vehicle.
Schedule 1AA clause 12: inserted, on 7 June 2023, by section 40 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 1 Great Walks Tracks
North Island
Lake Waikaremoana Great Walk
Tongariro Northern Circuit
Whanganui Journey
South Island
Abel Tasman Coast Track
Heaphy Track
Kepler Track
Milford Track
Rakiura Track
Routeburn Track
Schedule 2 Prescribed forms
ss 27B(2), 28(3), 37(3), 47(3), 48(4)
Schedule 2 heading: amended, on 7 June 2023, by section 41(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Form 1 Infringement notice (default form)
(Front page)
Notice No:
Enforcement authority: [name]
Enforcement officer: [name or number]
To [full name, full address, other identifying details, if known; for example, date of birth]
You are alleged to have committed an infringement offence against the Freedom Camping Act 2011 as follows:
Details of alleged infringement offence
Section of Freedom Camping Act 2011 contravened:
Nature of infringement:
Location:
Date:
Approximate time:
The fee for this infringement is: $[amount]
Payment of infringement fee
The infringement fee is payable to the enforcement authority within 28 days after [date notice is delivered personally or emailed or posted or attached to vehicle].
The infringement fee is payable to the enforcement authority at [address at which fee may be paid].
The contact details of the enforcement authority are as follows:
Date:
Signature:
(Enforcement officer)
Important
Please read the summary of rights printed on the next page.
(Back page)
Summary of rights
Note: Please read this summary. If you do not understand it, you should consult a lawyer immediately.
Payment
1
If you pay the infringement fee within 28 days after the service of this notice, no further action will be taken against you in respect of this infringement offence. Payments should be made to the enforcement authority at the address shown on the front page of this notice.
Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter, or have entered, into a payment by instalment arrangement with the enforcement authority in respect of an infringement fee payable by you, paragraphs 3 and 4 do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.
Further action
2
If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing a letter and delivering it to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of any reminder notice in respect of the offence.
3
If you deny liability and wish to request a hearing in the District Court in respect of the alleged offence, you must, within 28 days after the service of any reminder notice in respect of the offence, deliver a letter requesting a court hearing in respect of the offence to the enforcement authority at the address shown on the front page of this notice. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.
4
If you admit liability in respect of the alleged offence but wish to have the court consider submissions as to penalty or otherwise, you must, within 28 days after the service of a reminder notice in respect of the offence, deliver a letter requesting a hearing in respect of the offence to the enforcement authority at the address shown on the front page of this notice and in the same letter admit liability in respect of the offence and set out the submissions that you would wish to be considered by the court. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. There is no provision for an oral hearing before the court if you follow this course of action.
Note: Costs will be imposed in addition to any penalty.
Non-payment of fee
5
If you do not pay the infringement fee and do not deliver a letter requesting a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise).
6
If you do not pay the infringement fee and do not deliver a letter requesting a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you).
Defence
7
You will have a complete defence against proceedings relating to the alleged offence if the infringement fee is paid to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of a reminder notice in respect of the offence. Late payment or payment made to any other address will not constitute a defence to proceedings in respect of the alleged offence.
8
This paragraph describes a defence additional to the one described in paragraph 7. You must prove the following to have the defence:
(a)
that the act or omission giving rise to the alleged offence to which the infringement notice relates was due to an action or event beyond your control; and
(b)
you could not reasonably have foreseen or prevented the action or event; and
(c)
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.
9
This paragraph describes a defence additional to those described in paragraphs 7 and 8. You must prove the following to have the defence:
(a)
that the act or omission giving rise to the alleged offence to which the infringement notice relates was necessary to save or protect life or health, or to prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and
(b)
your conduct was reasonable in the circumstances; and
(c)
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.
10
This paragraph describes a defence additional to the defences described in paragraphs 7 to 9. This defence is available only if you are charged with an infringement offence against section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii) of the Freedom Camping Act 2011. You must prove the following to have the defence:
(a)
that the act giving rise to the alleged offence to which the infringement notice relates was necessary in the circumstances; and
(b)
your conduct was reasonable in the circumstances; and
(c)
you adequately remedied or mitigated the effects of the act after the alleged offence occurred.
11
This paragraph describes 2 defences additional to the defences described in paragraphs 7 to 10. The defences are available if you are charged with an infringement offence in which a vehicle was used in the commission of the alleged offence and, at the time the alleged offence was committed, you were an owner of the vehicle, a registered person in relation to the vehicle, or lawfully entitled to its possession. You must do the following to have a defence:
(a)
you must prove that another person, by virtue of an order under the Summary Proceedings Act 1957, became liable to pay a fine or cost, or both, in respect of the alleged offence; or
(b)
you must—
(i)
prove that, at the time the alleged offence was committed, either you were not lawfully entitled to the possession of the vehicle or another person was unlawfully in charge of the vehicle; and
(ii)
advise the enforcement authority in writing of this immediately after becoming aware of the alleged offence; and
(iii)
do everything reasonably possible to comply with all requests of the enforcement authority to supply information to the authority regarding the person who was lawfully entitled to possession, or who was in charge, of the vehicle at the time of the offence.
Queries and correspondence
12
When writing or making payment of an infringement fee, please indicate—
(a)
the date of the infringement offence; and
(b)
the infringement notice number; and
(c)
the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than 1 offence and you are not paying all of the infringement fees for all of the alleged offences); and
(d)
your full address for replies (if you are not paying all of the infringement fees for all of the alleged offences).
Full details of your rights and obligations are set out in sections 20E and 22 to 28 of the Freedom Camping Act 2011 and section 21 of the Summary Proceedings Act 1957.
Note: All payments, queries, and correspondence regarding this infringement notice must be directed to the enforcement authority at the address shown on the front page of this notice.
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(a) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(b)(i) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(b)(ii) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(c) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(d) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Form 2 Reminder notice (default form)
(Front page)
Notice No:
Enforcement authority: [name]
To [full name, full address, other identifying details, if known; for example, date of birth]
You are alleged to have committed an infringement offence against the Freedom Camping Act 2011 as follows:
Details of alleged infringement offence
Section of Freedom Camping Act 2011 contravened:
Nature of infringement:
Location:
Date:
Approximate time:
The fee for this infringement is: $[amount]
Payment of infringement fee
The infringement fee was payable to the enforcement authority within 28 days after [date infringement notice was delivered personally or emailed or posted or attached to vehicle].
The infringement fee remains payable to the enforcement authority at [full address at which fee may be paid].
The contact details of the enforcement authority are as follows:
Date:
Issued by [full name], being a person authorised by the [enforcement authority].
Service details
(To be provided for filing in court)
Infringement notice served by [method of service] on [date of service]
Reminder notice served by [method of service] at [full address of service] on [date of service]
Important
Please read the summary of rights printed on the next page.
(Back page)
Summary of rights
Note: Please read this summary. If you do not understand it, you should consult a lawyer immediately.
1
You have not paid the infringement fee described on the front page, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.
2
You will become liable to pay costs in addition to the infringement fee if—
(a)
you do not pay the infringement fee within 28 days after you are served with this reminder notice; and
(b)
you do not deliver a letter requesting a hearing to the enforcement authority within 28 days after you are served with this reminder notice; and
(c)
the enforcement authority decides to bring court proceedings against you.
3
You have a defence against proceedings relating to the alleged offence if you prove the following:
(a)
that the act or omission giving rise to the alleged offence to which the infringement notice relates was due to an action or event beyond your control; and
(b)
you could not reasonably have foreseen or prevented the action or event; and
(c)
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.
4
This paragraph describes a defence additional to the one described in paragraph 3. You must prove the following to have the defence:
(a)
that the act or omission giving rise to the alleged offence to which the infringement notice relates was necessary to save or protect life or health, or to prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and
(b)
your conduct was reasonable in the circumstances; and
(c)
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.
5
This paragraph describes a defence additional to the defences described in paragraphs 3 and 4. This defence is available only if you are charged with an infringement offence against section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii) of the Freedom Camping Act 2011. You must prove the following to have the defence:
(a)
that the act giving rise to the alleged offence to which the infringement notice relates was necessary in the circumstances; and
(b)
your conduct was reasonable in the circumstances; and
(c)
you adequately remedied or mitigated the effects of the act after the alleged offence occurred.
6
This paragraph describes 2 defences additional to the defences described in paragraphs 3 to 5. The defences are available if you are charged with an infringement offence in which a vehicle was used in the commission of the alleged offence and, at the time the alleged offence was committed, you were an owner of the vehicle, a registered person in relation to the vehicle, or lawfully entitled to its possession. You must do the following to have a defence:
(a)
you must prove that another person, by virtue of an order under the Summary Proceedings Act 1957, became liable to pay a fine or cost, or both, in respect of the alleged offence; or
(b)
you must—
(i)
prove that, at the time the alleged offence was committed, either you were not lawfully entitled to the possession of the vehicle or another person was unlawfully in charge of the vehicle; and
(ii)
advise the enforcement authority in writing of this immediately after becoming aware of the alleged offence; and
(iii)
do everything reasonably possible to comply with all requests of the enforcement authority to supply information to the authority regarding the person who was lawfully entitled to possession, or who was in charge, of the vehicle at the time of the offence.
7
If you pay all of the infringement fees for all of the alleged offences described in the infringement notice in a lump sum, please provide a note of—
(a)
the infringement notice number; and
(b)
the date of each infringement offence; and
(c)
the identifying number of each offence.
8
If you do not pay all of the infringement fees for all of the alleged offences described in the infringement notice in a lump sum, please provide a note of—
(a)
the offences you are paying fees for; and
(b)
the offences you are not paying fees for; and
(c)
what you are doing about the offences you are not paying fees for; and
(d)
your full address for replies.
Full details of your rights and obligations are set out in sections 20E and 22 to 28 of the Freedom Camping Act 2011 and section 21 of the Summary Proceedings Act 1957.
Note: All payments, queries, and correspondence regarding the infringement notice or this reminder notice must be directed to the enforcement authority at the address shown on the front page of this notice.
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(a)(i) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(a)(ii) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(b) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(c) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Form 3 Seizure and impounding notice (default form)
Enforcement authority: [name and contact details]
To [full name and full address of person in possession of property at time property is seized or, if that person is not present, name of person appearing to own or have an interest in the property seized]
1
This is to notify you that the property listed below has been seized by a warranted enforcement officer and removed from [description of location property was seized from] because the property was used in the commission of an offence against the Freedom Camping Act 2011.
2
You may contact [name and telephone number of appropriate officer or contact person at enforcement authority who issued notice] if you are the owner of the property or the person from whom it was seized and apply for the property to be returned to you. Before the property is returned, you may be required to provide proof of your identity or proof of ownership.
3
The enforcement authority will return the property to you if,—
(a)
in future, the property is not likely to be used in an offence of the kind for which it was seized; and
(b)
you have paid the outstanding costs (if any) of the enforcement authority in seizing, impounding, transporting, and storing the property.
4
If the enforcement authority refuses to return the property to you, you may apply to the District Court to review the authority’s decision.
5
The enforcement authority may dispose of the property after 14 working days from the date of this notice and within 6 months of the date of the seizure if the property remains unclaimed.
6
Proceeds from the disposal of the property may be used to pay the costs of the authority incurred in seizing, impounding, transporting, storing, and disposing of the property. Any remaining money will be paid to the owner of the property or the person from whom the property was seized (if identified).
7
If you do not understand this notice, you should consult a lawyer or the enforcement authority immediately.
List of property seized: [describe each item seized, giving an identification number if possible].
Date:
Signature:
Name:
(Enforcement officer)
Schedule 2 form 3 paragraph 4: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Schedule 3 LINZ land exempt from consultation requirement
Schedule 3: inserted, on 7 June 2023, by section 42 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
| Location | Site name | Legal description |
| Lake Dunstan | Bendigo | Part Section 1 SO 23940 |
| Lake Dunstan | Champagne Gully | Section 3 SO 23940 |
| Lake Dunstan | Jackson’s Inlet | Section 3 SO 23940 |
| Lake Dunstan | Lowburn | Part Section 1 SO 23940 |
| Lake Pukaki | Pines Camp | Section 2 SO 497878 |
Schedule 3 Bylaws breach of which deemed infringement offence
[Repealed]Schedule 3: repealed, on 31 August 2012, by section 9.
Notes
1 General
This is a consolidation of the Freedom Camping Act 2011 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24): Part 1
Secondary Legislation Act 2021 (2021 No 7): section 3
District Court Act 2016 (2016 No 49): section 261
Criminal Procedure Act 2011 (2011 No 81): section 413
Freedom Camping Act 2011 (2011 No 61): sections 8, 9, 13A(3)