Frequently asked questions
provided they can park safely and within the applicable road rules
unless it is restricted or prohibited by a bylaw under the Freedom camping Act or other Legislation.
11 dedicated sites for freedom camping where freedom camping is restricted including the number of vehicles allowed, the maximum length of a vehicle and time limit of stay
Areas prohibited for where the protection of a site is necessary
- Ōtaki Beach carpark (opposite Tasman Road) – 2 parking spaces
- Waimea Road beach car park – able to compete for 3 parking spaces
- Field Way Reserve – able to compete for 2 parking spaces.
- protect the area,
- protect the health and safety of people who may visit the area, and
- protect access to that area.
- to protect the area,
- protect the health and safety of people who may visit the area, and
- protect access to that area.
breaching rules for prohibition or restriction
interfering or damaging the area, its flora or fauna, or any structure in the area
depositing waste in or on the area (other than into an appropriate waste receptacle)
other than where a non-self-contained vehicle has been permitted
failing to show an appropriate warrant card
Where can I freedom camp in Kapiti in a self-contained vehicle?
The Freedom Camping Act allows freedom camping for certified self-contained vehicles on any Council land, including on the roads:
The proposed bylaw sets out:
Where can I freedom camp in Kapiti in a vehicle that is not self-contained?
The Freedom Camping Act does not allow freedom camping in vehicles that are not self-contained unless permitted by a local authority. We are proposing to permit use of not-self-contained vehicles in three site, which are supported by nearby facilities:
Can I freedom camp at Kāpiti’s recreational reserves and parks?
Freedom camping at Council’s parks and reserves is currently prohibited under the Reserves Act 1977 except for three sites proposed at Waikanae Park, Waimea Road beach car park, and Field Way Reserve, which are included as part of the new bylaw.
Council’s other parks and reserves are not included as part of this consultation. Council is currently reviewing its Reserve Management Plans and will consider the suitability of freedom camping on any other reserves as part of that process.
What’s wrong with the way Council manages freedom camping now?
Our current Policy is not aligned with the Freedom Camping Act. Our Policy sets out nine sites in the Kāpiti District where freedom camping is approved, along with conditions.
The Freedom Camping Act permits freedom camping in any local authority area unless it is prohibited or restricted by a Bylaw made under the Freedom Camping Act.
Also, the current Policy can’t provide for full enforcement under the Freedom Camping Act. A Bylaw is needed to support better compliance.
Why do we need a bylaw?
We know of increasing conflict and issues with freedom camping and agree that freedom camping should be restricted in certain areas and prohibited in others. This is what we are consulting on.
A bylaw enables local authority to restrict or prohibit freedom camping on areas to:
Can’t we just ban freedom camping here?
No. Section 12 of The Freedom Camping Act outlines, that for the avoidance of doubt, a local authority cannot use a bylaw to absolutely prohibit freedom camping.
The Freedom Camping Act is about enabling people to freedom camp in a certified self-contained vehicle, on certain land including any local authority land. It is designed to facilitate, not ban, freedom camping activity.
How did you decide on the areas proposed to be restricted or prohibited?
We’ve prepared the Bylaw in accordance with the Freedom Camping Act and the Local Government Act.
An assessment of potential freedom camping sites was undertaken based on the criteria of the Freedom Camping Act. This allows for sites to be restricted or prohibited for freedom camping:
I can see on some maps that only part of an area is prohibited or restricted – why is this?
The maps try to accurately show where freedom camping on Council land is proposed to be either restricted or prohibited. Our maps don't identify other reserve land where freedom camping is currently permitted. Freedom camping in our reserves will be assessed and identified alongside the bylaw as part of a Reserves Management Plan review and will be included in any finalised bylaw for clarity.
What if I know of a piece of land I think is Council land and it is not covered by a map – but I think freedom camping should be prohibited or perhaps restricted?
In the consultation we would like to hear about this. The submission form includes a question specifically designed to comment on areas other than those we have identified for prohibition or restriction.
See details of proposed sites alongside a map viewer of the district to help identify any other sites you may want to highlight and comment on.
Will the Bylaw cover homeless people living in cars or tents?
No, homelessness is a separate issue and is not covered by the Freedom Camping Act.
Is the renewal of the Freedom Camping Policy viable – rather than a bylaw?
Yes, we do believe it to be a viable option. But it would need to change to reflect the content of the proposed Bylaw. It would be used to indicate areas where freedom camping is prohibited or restricted and to state what the restrictions are.
However, the continued use of a Policy rather than a Bylaw would continue to rely on primary education approach and not have access to additional powers to help enforce and manage increasing freedom camping pressures.
Why has Ōtaki north river mouth been removed as a freedom camping site?
Freedom camping at the Ōtaki north river mouth has become increasingly popular, with users parking over a broad area extending beyond any Council owned land and creating significant impacts and concerns in the area.
Council staff are working with other agencies who have responsibilities for managing activities in these areas to help manage these issues and concerns. Council will continue to monitor and respond to service issues such as for dog control, noise control and bad social behaviour.
How will the Freedom Camping Bylaw be enforced?
The Freedom Camping Bylaw will be enforced using the enforcement provisions of the Freedom Camping Act. These include the power to issue infringement notices (fines) for a range of infringements including:
A person who commits an infringement offence is liable for the fees set out in the Freedom Camping (Penalties for Infringement Offences) Regulations 2023, Schedule 2. These fees are set and administered by the Ministry of Business, Innovation, and Employment and range from $200 to $2400 for more serious infringements.
The Act also provides provisions to address more serious matters such as the discharge of certain substances likely to be noxious, dangerous, offensive, or objectionable (liable on conviction for a fine up to $10,000); and an offence to interfere with an enforcement officer (liable on conviction for a fine up to $5,000).