Draft Public Places Bylaw and Freedom Camping Bylaw

Consultation has concluded.

The Council is reviewing the Public Places Bylaw which currently includes rules around freedom camping. We're proposing to remove the freedom camping rules from within the Public Places Bylaw and make a standalone bylaw. One of the reasons for doing this is to make the freedom camping rules easier to find for people outside of the district.

We are also proposing to remove the Public Places Bylaw from the Whakatāne Consolidated Bylaw, this means we have included an introduction, updated the interpretations and added an enforcement section.

The review comes following central government changes to the legislation relating to freedom camping.

The Council is required to review our bylaws every 10 years to ensure that they are still fit for purpose and align with the Council's strategies and vision for the district. This bylaw review was due to start in 2025 but has been brought forward to ensure any new bylaws respond to the legislative change and align with the Council’s strategic direction.

Read the Statement of Proposal Public Places and Freedom Camping 2024 - (PDF, 1.1 MB)

Why your views matter

The Council is asking for your feedback on the changes that we have proposed. Our bylaws are to reflect the uniqueness of our district and we need your input to ensure that we are doing this.

Why do we need a bylaw?

As a local Council, we are in a good position to know what problems are facing our district and create a targeted response. A bylaw helps to deal with an issue with the ability to enforce through prosecution, seizure of property, infringement notices or fines.

Our Public Places Bylaw helps to protect the public from nuisance, protect, promote and maintain public health and safety, minimise the potential for offensive behaviour in public places and protect the misuse of or damage to public places.

The Freedom Camping Bylaw defines the areas within the district where freedom camping is prohibited or restricted and, where restricted, the restrictions that apply. This is to protect the environment, the health and safety of people who may visit the area, and access to the area.

What are we proposing?

Key proposed changes to the Public Places Bylaw:

  • Removal of the rule on numbering buildings and properties.
  • A new provision prohibiting the lighting of fires in public (with exceptions).
  • Minor wording changes to ensure compliance with the Bill of Rights Act 1990.

Key proposed changes to the Freedom Camping Bylaw:

  • Extending the maximum night stay in a restricted area from two nights to three within a one month period.
  • Prohibiting freedom camping in the high-risk Awatarariki debris flow area in Matata and Rex Morpeth Park.
  • Broaden some already prohibited areas in Ōhope.
  • Allow freedom camping (subject to conditions) in Edgecumbe Domain.

The Council is reviewing the Public Places Bylaw which currently includes rules around freedom camping. We're proposing to remove the freedom camping rules from within the Public Places Bylaw and make a standalone bylaw. One of the reasons for doing this is to make the freedom camping rules easier to find for people outside of the district.

We are also proposing to remove the Public Places Bylaw from the Whakatāne Consolidated Bylaw, this means we have included an introduction, updated the interpretations and added an enforcement section.

The review comes following central government changes to the legislation relating to freedom camping.

The Council is required to review our bylaws every 10 years to ensure that they are still fit for purpose and align with the Council's strategies and vision for the district. This bylaw review was due to start in 2025 but has been brought forward to ensure any new bylaws respond to the legislative change and align with the Council’s strategic direction.

Read the Statement of Proposal Public Places and Freedom Camping 2024 - (PDF, 1.1 MB)

Why your views matter

The Council is asking for your feedback on the changes that we have proposed. Our bylaws are to reflect the uniqueness of our district and we need your input to ensure that we are doing this.

Why do we need a bylaw?

As a local Council, we are in a good position to know what problems are facing our district and create a targeted response. A bylaw helps to deal with an issue with the ability to enforce through prosecution, seizure of property, infringement notices or fines.

Our Public Places Bylaw helps to protect the public from nuisance, protect, promote and maintain public health and safety, minimise the potential for offensive behaviour in public places and protect the misuse of or damage to public places.

The Freedom Camping Bylaw defines the areas within the district where freedom camping is prohibited or restricted and, where restricted, the restrictions that apply. This is to protect the environment, the health and safety of people who may visit the area, and access to the area.

What are we proposing?

Key proposed changes to the Public Places Bylaw:

  • Removal of the rule on numbering buildings and properties.
  • A new provision prohibiting the lighting of fires in public (with exceptions).
  • Minor wording changes to ensure compliance with the Bill of Rights Act 1990.

Key proposed changes to the Freedom Camping Bylaw:

  • Extending the maximum night stay in a restricted area from two nights to three within a one month period.
  • Prohibiting freedom camping in the high-risk Awatarariki debris flow area in Matata and Rex Morpeth Park.
  • Broaden some already prohibited areas in Ōhope.
  • Allow freedom camping (subject to conditions) in Edgecumbe Domain.