Advocacy

The Queenstown-Lakes District Council is seeking public feedback on its Draft Freedom Camping Bylaw 2025 with submissions due on Friday, 8 August 2025.

The draft bylaw will directly impact where and how NZMCA members can freedom camp in their certified self-contained vehicles across the district. If you enjoy freedom camping, then we encourage you to review the Council’s proposal and have your say. The final outcome will affect your ability to freedom camp in the district and may influence how other councils approach their freedom camping bylaws in the future.  

NZMCA’s National Office will make submissions on behalf of the Association and its members. However, if you would like to make an individual submission please review the draft bylaw and supporting material here - https://letstalk.qldc.govt.nz/freedom-camping-bylaw-2025.

NZMCA’s preliminary views on the draft bylaw

This is not our formal submission, and our position on specific points may evolve as we review additional information and consider the full context. The NZMCA is still assessing the complete set of documents released by QLDC on 8 July 2025, but here are some initial observations:

• Restricted sites: The draft bylaw proposes 15 restricted freedom camping areas with a total of 158 designated spaces for certified self-contained vehicles. This is an improvement from what was previously available prior to the High Court’s decision to quash their former bylaw in 2024.
• Existing sites: Of the proposed 15 restricted areas, two are already available to freedom campers and are currently managed by NZTA / Waka Kotahi. These sites are the Kingston Road/SH6 carpark (maximum 50 spaces) and the Gibbston Highway/SH6 carpark (maximum 2 spaces). QLDC has sought NZTA’s permission to manage these as local authority areas under the Freedom Camping Act 2011 (FCA). 
• Luggate Red Bridge: An additional 50 spaces are already available at this site, which is not part of the draft bylaw and instead managed under a ministerial exemption via the Reserves Act 1977. 
• Reserve land assessments: QLDC engaged Tonkin & Taylor Ltd to undertake the site assessments required under the FCA. However, according to the final report, the Council directed Tonkin & Taylor not to recommend freedom camping on most reserve land under its control. The report states:

“The Reserves Act 1977 takes a different approach to camping from the FCA. On all reserves (as defined under section 2 of the Reserves Act), permanent or temporary accommodation (including freedom camping) is prohibited, except where explicitly allowed within a freedom camping bylaw and/or in accordance with section 44 of the Reserves Act... QLDC has instructed us to apply a hard constraint to any reserves that fall under the Reserves Act... We understand that QLDC may consider providing for freedom camping on a small selection of reserves, and as such we have included these areas in our assessment.”

This suggests QLDC intends to maintain a general prohibition on freedom camping in reserves, and using the Reserves Act infringement regime to enforce this. In our view, managing freedom camping outside the FCA bylaw framework is unreasonable and problematic. It undermines transparency in the bylaw-making process and creates confusion for responsible campers who rely on the bylaw for clarity and compliance. When it's unclear whether a site is a reserve subject to the Reserves Act, campers risk receiving an $800 instant fine even when trying to comply with the bylaw. QLDC enforces its rules strictly, and there are numerous examples of members and the public being fined inappropriately.  If you share this concern from a responsible camper’s perspective, we strongly encourage you to raise it in your submission.

• Clause 7.2 of the draft bylaw states: “No person may freedom camp in any local authority area that is not marked as a restricted area in Schedule 1A or Schedule 1B of this bylaw. Schedule 2 of this Bylaw identifies areas in which freedom camping is prohibited.” This suggests there may be a blanket prohibition outside designated restricted areas, which may conflict with the intent of the FCA. We are looking into whether clause 7.2 aligns with the Act and whether its practical effect is legally sound.

Background

QLDC has historically taken a very restrictive stance on freedom camping, often prohibiting public areas without robust justification and issuing fines unlawfully. NZMCA has uncovered hundreds of instances where QLDC fined campers who were either parked in areas that permit freedom camping or in locations outside the Council’s jurisdiction. Some of these fines have been successfully withdrawn following NZMCA intervention, but they reflect a troubling pattern of over-enforcement that creates confusion and discourages responsible campers.

A few years ago, NZMCA challenged QLDC’s 2019 bylaw through judicial review, arguing that it lacked the required site assessments to justify widespread prohibition. The Council maintained that site assessments weren’t necessary. However, in a subsequent case against Marlborough District Council’s 2020 bylaw, the High Court confirmed that local authorities must undertake proper site assessments before imposing restrictions. QLDC revoked its 2019 bylaw leading up to its court hearing and attempted to seek costs from NZMCA, but the High Court rejected this, acknowledging that NZMCA had good reason to challenge their 2019 bylaw based on the Marlborough decision.

Last year, NZMCA again took QLDC to court, this time over its 2021 bylaw. We argued that while the Council undertook site assessments it unlawfully considered the economic interests of commercial campgrounds (some of which it has a financial stake in) and private property values when deciding to prohibit freedom camping in many suitable areas. The High Court agreed and quashed the bylaw in its entirety. Notably, the Court gave QLDC the opportunity to negotiate a resolution that would protect highly sensitive areas while allowing responsible camping, but the Council declined.

Now, QLDC is proposing to allow certified self-contained (CSC) vehicles to camp at 15 designated sites, with space for up to 158 vehicles. While this is a step forward, it still represents a tightly controlled approach.

Why is your feedback important?

Your feedback matters because it helps ensure that freedom camping rules are fair, evidence-based, and reflect the values of responsible campers. With local elections approaching, elected members may be cautious in their decision-making. That’s why it’s crucial for members who value freedom camping to speak up. Your voice can help shape a more balanced and inclusive bylaw.

Tips for writing your submission

• Read the draft bylaw and statement of proposal carefully.
• Submit as an individual using QLDC’s online form – your personal perspective carries weight.
• Clearly state your position: Do you support, oppose, or suggest changes to the bylaw?
• Explain your reasoning using personal experiences, evidence, or examples.
• Offer constructive alternatives where appropriate.
• Be respectful and specific – strong opinions are welcome, but avoid aggressive or offensive language.

Key stats you may want to include

• NZMCA has over 120,000 members nationwide.
• More than 800 members live in the QLDC district.
• NZMCA operates a member-only campground in Glenorchy.
• Around 1 in 5 members prefer freedom camping over other accommodation options.
• Approximately 50% of members freedom camp at some point during their travels.

Please contact james@nzmca.org.nz with any comments or questions.