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Marlborough freedom camp bylaw still ‘flawed’, says caravan group MAIA HART
Local Democracy Reporter
An association that took the Marlborough District Council to the High Court over its freedom camping rules says a new draft bylaw is still “flawed”. The Marlborough District Council last year decided to review its freedom camping bylaw nine months after it was last modified, after the New Zealand Motor Caravan Association (NZMCA) claimed to the High Court it was “restrictive”. The bylaw confines freedom campers to five council-owned sites, down from 13, and ruled vehicles must be self-contained. The High Court decision, released in December last year, says the council adopted a bylaw that was a “significant change” to the statement of proposal it consulted on. “The local authority has a wide discretion about how and who it consults. However, it did not turn its mind to the issue of whether it should re-consult after the change. It should have done so,” Justice Christine Grice said in her decision. During this time, the council had already established its statement of proposal for its review of the Responsible Camping Control Bylaw 2020 – prompted by the High Court challenge. The 2022 draft bylaw proposed to keep existing sites and increase capacity at Renwick Domain from 10 vehicles per night to 20.
Freedom campers in Marlborough must have a self-contained vehicle. Photo: Scott Hammond/STUFF. It also proposed to open three sites, at Blairich Reserve in the Awatere Valley, Opouri Rd in Rai Valley, and Wash Bridge Recreation Reserve on State Highway 63. It proposed allowing tents at Blairich Reserve, specifically to cater for cycle tourism. As part of the 2022 bylaw, area assessments have been carried out across Marlborough to determine
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possible freedom camping sites. These found there are five additional “areas” on roads that may also be considered appropriate for freedom camping. These were in the Awatere Valley, Wairau Plains, Wairau Valley, Waihopai Valley and Southern Valleys. The council says these areas are prohibited for freedom camping through the 2020 bylaw, mainly
due to fire risk. However, the area assessments identified there may be an opportunity to consider freedom camping on roadsides where there are fewer risks or impacts. But the specific areas have not reached a point where they could be included in the bylaw. Once they are, a change to the 2022 bylaw will be publicly notified. In the meantime, camping in these
areas will be prohibited. In a submission, the NZMCA disagreed with “much” of the draft bylaw and believe the council should abandon it and take a more “considered approach” to how freedom camping may be managed and provided for. It labelled it as a “flawed” attempt to reasonably manage freedom
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