The New Zealand Motor Caravan Association Incorporated (NZMCA) has launched a judicial review to challenge Queenstown Lakes District Council’s (QLDC) freedom camping bylaw 2019. 

NZMCA CEO Bruce Lochore said ten years of frustrations with the district council preceded the High Court legal action over what he called a “prohibitive” freedom camping bylaw.

Bruce said QLDC has consistently shown “absolute contempt for proper process, resulting in a prohibitive bylaw that undermines their inter-agency responsible camping strategy and the Freedom Camping Act 2011”.

Among other accusations, he claimed the council failed to undertake a full review of its bylaw as required by the Act.

“The council clearly hasn’t done that, they’ve simply rolled over their existing bylaw and made it more prohibitive, without considering the impact on the vast majority of responsible campers.”

NZCMA CEO Bruce Lochlore said the association wants to enable people to freedom camp in Queenstown Lakes without “undue” restrictions. PHOTO: Supplied

Bruce said in 2020 he had attempted to work with the district’s mayor, Jim Boult, to avoid legal action, but an amicable solution had not been reached.

The judicial review was intended to defend the rights of members to “enjoy the freedom of being able to freedom camp without undue restrictions across the Queenstown Lakes District,” he said.

A statement from QLDC released yesterday (Friday March 26) said the council was now taking legal advice and it anticipated defending the proceedings.

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QLDC chief executive Mike Theelen defended the council against the NZCMA’s claims.

“NZMCA’s legal challenge is based on a number of claims, mostly relating to the process the council followed in making the bylaw and the matters the council took into account in making its decision,” he said. “NZMCA also suggests that the bylaw is in conflict with the Freedom Camping Act 2011.”

Mike said a new freedom camping bylaw was adopted in December 2019 following a full special consultative procedure, a formal process the NZMCA participated in.  

“At the time, a decision was also taken to complete a review of the freedom camping bylaw 2019 within 18-24 months of adoption of the bylaw,” he said. “While the next bylaw review is earmarked for 2022, council is already underway with a full review of freedom camping locations which commenced in February this year.”

NZCMA had also accused the council of failing to undertake a freedom camping locations review.

Mike said the council’s 2019 freedom camping bylaw review “sought to balance the needs and expectations of campers and our local communities whose locations often bore the brunt of overuse and at times very anti-social behavior by some”.