Freedom camping is permitted in any local authority area unless it is restricted or prohibited in an area—

• (a) in accordance with a bylaw made under section 11; or

• (b) under any other enactment.

(1) A local authority may make bylaws—

• (a) defining the local authority areas in its district or region where freedom camping is restricted and the restrictions that apply to freedom camping in those areas:

• (b) defining the local authority areas in its district or region where freedom camping is prohibited.

(2) A local authority may make a bylaw under subsection (1) only if it is satisfied that—

• (a) the bylaw is necessary for 1 or more of the following purposes:

  • (i) to protect the area:

  • (ii) to protect the health and safety of people who may visit the area:

  • (iii) to protect access to the area; and

• (b) the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and

• (c) the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

(3) A bylaw made under subsection (1) must define a restricted or prohibited area in either or both of the following ways:

• (a) by a map:

• (b) by a description of its locality (other than just its legal description).

(4) However, where a bylaw contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.

(5) The local authority must use the special consultative procedure set out in section 83 of the Local Government Act 2002 (as modified by section 86 of that Act) in—

• (a) making a bylaw under this section; or

• (b) amending a bylaw made under this section; or

• (c) revoking a bylaw made under this section.

(6) Despite subsection (5)(b), a local authority may, by resolution publicly notified, make minor changes to, or correct errors in, a bylaw made under this section, but only if the changes or corrections do not affect—

• (a) an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or

• (b) an existing status or capacity of any person to whom the bylaw applies.

(7) In subsection (6), publicly notified means a notice given in accordance with the requirements of the definition of public notice in section 5(1) of the Local Government Act 2002.

(1) A local authority may not make bylaws under section 11 that have the effect of prohibiting freedom camping in all the local authority areas in its district.

(2) This section is for the avoidance of doubt.

(1) A local authority must review a bylaw made by it under section 11 no later than 5 years after the date on which the bylaw was made.

(2) A local authority must review a bylaw made by it under section 11 no later than 10 years after the bylaw was last reviewed as required by subsection (1) or this subsection.

(3) A local authority must review a bylaw to which subsection (1) or (2) applies by making the determinations required by section 11(2).

(4) If, after a review, the local authority considers that the bylaw—

• (a) should be amended, revoked, or revoked and replaced, it must act under section 11(5):

• (b) should continue without amendment, it must use the special consultative procedure set out in section 83 of the Local Government Act 2002.

(5) For the purposes of subsection (4)(b), the statement of proposal referred to in section 83(1)(a) of the Local Government Act 2002 must include—

• (a) a copy of the bylaw to be continued; and

• (b) the reasons for the proposal; and

• (c) a report of any relevant determinations by the local authority under section 11(2) of this Act.

(6) A bylaw that is not reviewed as required by this section, if not earlier revoked by the local authority concerned, is revoked on the day that is 2 years after the last date on which the bylaw should have been reviewed under this section.

(1) To the extent that the Local Government Act 2002 applies to bylaws made under other enactments, that Act also applies to a bylaw made under this Act.

(2) Subsection (1) is subject to any provision to the contrary in this Act.

Freedom camping is permitted on any conservation land unless freedom camping is restricted or prohibited on the land—

• (a) [Repealed]

• (b) in accordance with a freedom camping notice made under section 17; or

• (c) under a conservation Act or any other enactment.

(1) The Director-General may, by notice published in accordance with section 18,—

• (a) define conservation land where freedom camping is restricted and the restrictions that apply to freedom camping on that land:

• (b) define conservation land where freedom camping is prohibited.

(2) A notice may be published under subsection (1) only if—

• (a) the Director-General is satisfied that the notice is not inconsistent with—

  • (i) the purpose of any conservation Act relevant to the land; or

  • (ii) any general policy, management strategy, or management plan made under a conservation Act relevant to the land; or

  • (iii) the New Zealand Bill of Rights Act 1990; and

• (b) the Director-General has first consulted the Conservation Board established under section 6L of the Conservation Act 1987 that has jurisdiction over the conservation land to which the notice relates.

(3) A notice must—

• (a) define the conservation land by a map or a description of its locality (other than just its legal description) or both; and

• (b) specify whether freedom camping is restricted or prohibited on the land and, if applicable, the restrictions that apply; and

• (c) state the date on which the notice comes into force.

(4) However, where a notice contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.

(1) A freedom camping notice is published in accordance with this section if a summary of the notice—

• (a) is published in the Gazette; and

• (b) is published in the following newspapers:

  • (i) in a daily newspaper circulating in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; or

  • (ii) if the Director-General is satisfied that the notice is of local or regional interest only, in a newspaper or newspapers circulating throughout the locality or region to which the notice relates; and

• (c) complies with subsection (2).

(2) A summary of a freedom camping notice must—

• (a) generally describe the contents of the notice; and

• (b) specify the date on which the notice will come into force (which must be a date that is no earlier than the later of the days on which the notice is published in the Gazette or the newspaper under subsection (1)(a) and (b)); and

• (c) state that copies of the notice may be inspected and obtained at the offices of the Department on payment of the specified amount.

(3) The Department must—

• (a) keep copies of all freedom camping notices at its national office; and

• (b) make the notices available for public inspection, without fee, at reasonable hours at the Department's offices; and

• (c) make the notices available on the Department's Internet site; and

• (d) supply to any person, on request and on payment of a reasonable charge, a copy of a notice.

The Director-General must exercise the powers conferred on him or her under this subpart as if this Act were specified in Schedule 1 of the Conservation Act 1987.

(1) Every person commits an offence who—

• (a) freedom camps in a local authority area in breach of any prohibition or restriction in a bylaw made under section 11 that applies to the area; or

• (b) while freedom camping in a local authority area,—

  • (i) interferes with or damages the area, its flora or fauna, or any structure in the area; or

  • (ii) deposits waste in or on the area (other than into an appropriate waste receptacle); or

• (c) makes preparations to freedom camp in a local authority area in breach of any prohibition or restriction in a bylaw made under section 11 that applies to the area; or

• (d) deposits waste, generated while freedom camping, in or on a local authority area other than into an appropriate waste receptacle; or

• (e) fails or refuses to leave a local authority area when required to do so by an enforcement officer acting under section 36; or

• (f) [Repealed]

• (g) freedom camps on conservation land in breach of any prohibition or restriction in a freedom camping notice that applies to the land; or

• (h) while freedom camping on conservation land,—

  • (i) interferes with or damages the land, its flora or fauna, or any structure on the land; or

  • (ii) deposits waste in or on the land (other than into an appropriate waste receptacle); or

• (i) [Repealed]

• (j) makes preparations to freedom camp on conservation land in breach of any prohibition or restriction in a freedom camping notice that applies to the land; or

• (k) deposits waste, generated while freedom camping, in or on conservation land other than into an appropriate waste receptacle; or

• (l) refuses to give information when required to do so by an enforcement officer under section 35 or gives false or misleading information; or

• (m) fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36.

(2) Every person commits an offence who discharges a substance in or on a local authority area or conservation land in circumstances where the discharge of the substance is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it—

• (a) has, or is likely to have, a significant adverse effect on the environment; or

• (b) has caused, or is likely to cause, significant concern to the community or users of the area or land.

(3) Every person commits an offence—

• (a) who, while an enforcement officer is carrying out his or her functions and duties under this Act,—

  • (i) intentionally prevents the officer from carrying out those functions and duties; or

  • (ii) obstructs or impedes the officer; or

  • (iii) assaults, threatens, or intimidates the officer; or

  • (iv) uses language that is abusive or threatening to the officer; or

  • (v) behaves in a threatening manner towards the officer; or

• (b) who incites any other person to do any act referred to in paragraph (a).

(4) In this section, waste receptacle means a receptacle or facility that is provided by a local authority or the Department for the purposes of disposing of waste (for example, a rubbish bin, public toilet, or bulk waste disposal unit).

In prosecuting an offence under section 20(1), the prosecution does not need to prove that the defendant—

• (a) intentionally or recklessly committed the offence; or

• (b) knew that the offence occurred in, or in relation to, a local authority area or conservation land.

(1) It is a defence to an offence if the court concerned is satisfied that the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant and—

• (a) the action or event could not reasonably have been foreseen or prevented by the defendant; and

• (b) the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.

(2) It is a defence to an offence if the court concerned is satisfied that—

• (a) the act or omission giving rise to the offence was necessary to—

  • (i) save or protect life or health; or

  • (ii) prevent injury; or

  • (iii) prevent serious damage to property; or

  • (iv) avoid actual or likely damage to the environment; and

• (b) the conduct of the defendant was reasonable in the circumstances; and

• (c) the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.

(3) It is a defence to an offence against section 20(1)(b)(ii), (d), (h)(ii), or (k) if the court concerned is satisfied that—

• (a) the act giving rise to the offence was necessary in the circumstances; and

• (b) the conduct of the defendant was reasonable in the circumstances; and

• (c) the effects of the act were adequately remedied or mitigated by the defendant after the offence occurred.

(4) Subsection (5) applies in respect of a proceeding commenced by an enforcement officer issuing an infringement notice under section 27 and in relation to which the person to whom the notice was issued is a person described in section 26(1)(b) or (c).

(5) The defences available under section 133A(3) and (4) of the Land Transport Act 1998 apply to the person as if the offence were a stationary vehicle offence within the meaning of section 2(1) of that Act.

(6) The defences available under this section do not limit any other defences that may be available.

(1) A person who commits an infringement offence is liable to the following fee:

• (a) the amount prescribed by regulations made under section 43 as the infringement fee for the offence; or

• (b) $200, if no fee is prescribed in accordance with paragraph (a).

(2) A person who is convicted of an offence against section 20(2) is liable to a fine not exceeding $10,000.

(3) A person who is convicted of an offence against section 20(3) is liable to a fine not exceeding $5,000.

(1) A person who commits an offence may, in addition to, or instead of, the penalty for the offence, be ordered to pay the costs incurred by the local authority or Department in repairing any damage done to the local authority area or the conservation land concerned as a result of the offence.

(2) The costs must be assessed by a District Court and are recoverable as if they were a fine.

(1) Proceedings for an offence other than an infringement offence may be commenced by an enforcement officer laying an information under the Summary Proceedings Act 1957.

(2) Proceedings for an infringement offence may be commenced by—

• (a) an enforcement officer issuing an infringement notice under section 27; or

• (b) an enforcement officer laying an information under the Summary Proceedings Act 1957.

(3) Proceedings commenced in the way described in subsection (2)(a) that continue (other than by the infringement fee for the offence being paid) must be continued under section 21 of the Summary Proceedings Act 1957, and that section applies accordingly with any necessary modifications.

(4) Proceedings commenced in the way described in subsection (2)(b) do not require leave of a District Court Judge or Registrar under section 21 of the Summary Proceedings Act 1957.

(1) Proceedings for an offence may be taken against 1 or more of the following persons:

• (a) the person who allegedly committed the offence:

• (b) if a vehicle was used in the commission of the offence, the person who, at the time of the alleged offence,—

  • (i) was registered as the owner, or one of the owners, of the vehicle in the register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; or

  • (ii) was the registered person in respect of the vehicle under Part 17 of the Land Transport Act 1998:

• (c) if a vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle (whether or not jointly with any other person).

(2) Subsection (1)(b) and (c) apply whether or not the person, at the time the alleged offence was committed,—

• (a) is an individual; or

• (b) was the driver of the vehicle; or

• (c) was the person in charge of the vehicle; or

• (d) was the user of the vehicle.

(1) An enforcement officer who believes on reasonable grounds that a person has committed or is committing an infringement offence may serve an infringement notice on the person.

(2) An infringement notice may be served—

• (a) by delivering it, or a copy of it, to the person who appears to have committed the infringement offence; or

• (b) by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business; or

• (c) if the person is a holder of a land transport document, by sending it, or a copy of it, by post to the person at his or her last address provided for the purposes of that document; or

• (d) if a vehicle was used or is being used in the commission of the infringement offence, by attaching it, or a copy of it, to the vehicle.

(3) For the purposes of the Summary Proceedings Act 1957,—

• (a) an infringement notice sent to a person by post under subsection (2)(b) or (c) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:

• (b) an infringement notice attached to a vehicle under subsection (2)(d) is to be treated as having been served when it is attached to the vehicle.

(4) In subsection (2)(c), land transport document means a licence, permit, approval, authorisation, exemption, certificate, or similar document issued under one of the following Acts:

• (a) the Land Transport Act 1998:

• (b) the Road User Charges Act 1977:

• (c) the Transport (Vehicle and Driver Registration and Licensing) Act 1986:

• (d) the Government Roading Powers Act 1989.

(5) An infringement notice must be in the prescribed form and contain the following particulars:

• (a) sufficient detail to inform the defendant of the time, place, and nature of the alleged offence; and

• (b) the amount of the infringement fee; and

• (c) the place where the infringement fee may be paid; and

• (d) the time within which the infringement fee must be paid; and

• (e) a summary of how section 21(10) of the Summary Proceedings Act 1957 applies to the alleged offence; and

• (f) a statement that the defendant has a right to request a hearing; and

• (g) a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and

• (h) a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

• (i) any other particulars that are prescribed.

(6) If there is no prescribed form for the purposes of subsection (5), an infringement notice must be in the form set out in Schedule 2.

(1) This section applies if a person is served with a reminder notice following the issuing of an infringement notice.

(2) The reminder notice must be in the prescribed form and must include the same particulars, or substantially the same particulars, as the infringement notice.

(3) If there is no prescribed form for the purposes of subsection (2), a reminder notice must be in the form set out in Schedule 2.

(1) A hirer of a motor vehicle may, in a rental service agreement with a rental company, agree to pay any infringement fee and any costs that may become payable because of an infringement notice served on the rental company for an infringement offence (in this section and in section 30 referred to as the particular offence) that is alleged to have been committed—

• (a) in circumstances involving the use of the vehicle hired under the agreement; and

• (b) during the period of hire.

(2) The hirer may, in the rental service agreement, also authorise the rental company to debit the hirer's credit card with the infringement fee and any costs payable because of an infringement notice for a particular offence and, in that case, the agreement must—

• (a) set out the liability of the parties to the agreement for any particular offences:

• (b) require the rental company to send to the permanent address provided by the hirer copies of any infringement notices and any reminder notices that may be served on the rental company for any particular offences:

• (c) indicate that representations may be made to the issuing enforcement authority to challenge or query an infringement notice:

• (d) set out the hirer's right to seek a court hearing for the particular offence.

(3) This section and section 30 have effect despite anything to the contrary in the rental service agreement.

(4) In this section and section 30,—

(1) In any case where a rental company receives an infringement notice for a particular offence, the rental company may not exercise an authority under a rental service agreement to debit the hirer’s credit card unless, within 5 working days of receipt of the infringement notice, the rental company—

• (a) sends a copy of the infringement notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and

• (b) notifies the hirer that if the rental company receives a reminder notice for that offence, the rental company will debit the hirer's credit card for the amount of the infringement fee and costs.

(2) If the rental company does not receive an infringement notice for the particular offence, but receives a reminder notice for that offence, the rental company may not exercise the authority to debit the hirer’s credit card unless, within 5 working days of the receipt of the reminder notice, the rental company—

• (a) sends a copy of the reminder notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and

• (b) notifies the hirer that the rental company will debit the hirer's credit card with the fee and costs payable because of the infringement notice.

(3) Except where the hirer has been separately served by an enforcement officer with an infringement notice for the particular offence, the infringement notice sent to the hirer under subsection (1)(a) or the reminder notice served under subsection (2)(a) is deemed to have been served on the hirer by the enforcement officer and the hirer has, in respect of the infringement notice or the reminder notice, all the rights and obligations under the Summary Proceedings Act 1957 of a person so served.

(4) The rental service agreement may specify an administration fee that the rental company may charge to cover the cost of debiting the hirer's credit card.

(5) Any infringement fee for a particular offence that the rental company receives as a result of debiting the hirer's credit card must be paid to the issuing enforcement authority without delay.

(6) The rental company must refund the hirer any infringement fee for the particular offence that the hirer has received as a result of debiting the hirer's credit card if—

• (a) the issuing enforcement authority decides not to continue the proceeding for the particular offence; or

• (b) the reminder notice filed or deemed to have been filed in a District Court is withdrawn; or

• (c) at a court hearing, the hirer is not found to be liable for the particular offence; or

• (d) the fine for the particular offence is set aside by a determination of a court.

(1) A local authority is entitled to retain all infringement fees resulting from infringement notices issued by enforcement officers appointed by the local authority under section 32.

(2) All infringement fees resulting from infringement notices issued by enforcement officers appointed by the Director-General under section 33 must be paid into a Crown Bank Account.

(3) To avoid doubt, subsections (1) and (2) apply irrespective of whether the fees are for offences committed in relation to a local authority area or conservation land.

(1) A local authority may appoint persons to be enforcement officers for the purposes of this Act.

(2) The local authority must issue warrants in writing to enforcement officers appointed under this section specifying—

• (a) the responsibilities and powers given to them; and

• (b) the infringement offences and other offences in relation to which they are appointed; and

• (c) the local authority areas in relation to which they may act; and

• (d) the conservation land in relation to which they may act (being only land in respect of which the Director-General has consented to officers exercising enforcement powers).

(1) The Director-General may appoint persons to be enforcement officers for the purposes of this Act.

(2) The Director-General must issue warrants in writing to enforcement officers appointed under this section specifying—

• (a) the responsibilities and powers given to them; and

• (b) the infringement offences and other offences in relation to which they are appointed; and

• (c) the conservation land in relation to which they may act; and

• (d) the local authority areas in relation to which they may act (being only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers).

(1) An enforcement officer must produce evidence of his or her appointment under this Act whenever reasonably required to do so by any person.

(2) It is sufficient evidence that a person is appointed under this Act if the person produces a document that specifies, by reference to sections of this Act,—

• (a) the responsibilities and powers that the person has under the Act; and

• (b) the infringement and other offences in relation to which the person is appointed.

(1) An enforcement officer who believes on reasonable grounds that a person has committed or is committing an offence may direct the person to give—

• (a) his or her full name, date of birth, full address, telephone number, and occupation; and

• (b) the full name, date of birth, full address, telephone number, occupation, and whereabouts of any other person connected in any way with the alleged offence.

(2) Nothing in subsection (1)(b) overrides legal professional privilege or affects any privilege recognised by sections 54 to 64 of the Evidence Act 2006.

An enforcement officer may require a person who he or she believes on reasonable grounds is committing or has committed an offence to leave the local authority area or conservation land concerned.

(1) An enforcement officer may seize and impound property in a local authority area or on conservation land—

• (a) if the property has been or is being used in the commission of an offence; and

• (b) if it is reasonable in the circumstances to seize and impound the property or, if section 38 applies, the requirements of that section are satisfied; and

• (c) if the property is both being used in the commission of an offence and in the possession of a person at the time the officer proposes to seize it and, before seizing and impounding it, the officer—

  • (i) has directed (orally or in writing) the person committing the offence to stop committing the offence; and

  • (ii) has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the officer has power to seize and impound the property; and

  • (iii) has provided the person with a reasonable opportunity to stop committing the offence.

(2) As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—

• (a) to the person in possession of the property at the time it was seized and impounded; or

• (b) if paragraph (a) does not apply, to any person who the officer can ascertain is the owner of, or has an interest in, the property.

(3) If there is no prescribed form for the purposes of subsection (2), a notice must be in the form set out in Schedule 2.

(4) This section is subject to section 38.

An enforcement officer may seize and impound a boat, a caravan, or a car, campervan, housetruck, or other motor vehicle under section 37 only if the officer is satisfied on reasonable grounds that the seizure—

• (a) is necessary to avoid any risk to the health of the public; or

• (b) is necessary for the safety of the public; or

• (c) is necessary to protect significant flora or fauna; or

• (d) is necessary to ensure access to the local authority area or conservation land concerned; or

• (e) is, in the circumstances, the most appropriate action to prevent the ongoing commission of the offence.

(1) The owner of property that has been seized and impounded under section 37, or the person from whom the property was seized, may request the local authority concerned or the Director-General to return the property.

(2) The local authority or the Director-General must return the property if—

• (a) the property is in future not likely to be used in any offence of the kind for which it was seized; and

• (b) the owner or person has paid, or tenders with the request payment of, the costs of the local authority or the Department in seizing, impounding, transporting, and storing the property.

(3) If the local authority or the Director-General refuses to return the property, the owner or person from whom it was seized may apply to a District Court to review the decision of the local authority or the Director-General.

(4) The District Court may—

• (a) confirm the decision of the local authority or the Director-General to refuse to return the property; or

• (b) order that the property be returned unconditionally or subject to any conditions that the court thinks fit.

(5) To avoid doubt, nothing in this section—

• (a) affects or limits the liability of any person for the offence in relation to which the property was seized; or

• (b) affects or limits the rights of the local authority or the Director-General to commence or continue proceedings for the offence in relation to which the property was seized.

(1) A local authority or the Director-General may dispose of property that has not been returned within 6 months after it was seized and impounded so long as the local authority or the Director-General has given the owner of the property or, if the owner cannot be identified or contacted after reasonable efforts have been made, the person it was seized from, not less than 14 working days' notice of the local authority's or the Director-General's intention to dispose of the property.

(2) The local authority or the Director-General may dispose of the property as the local authority or the Director-General thinks fit.

(3) Any proceeds from the disposal must be applied to pay—

• (a) first, the costs incurred in seizing, impounding, transporting, and storing the property:

• (b) secondly, the costs of disposing of the property:

• (c) thirdly, any surplus to the owner of the property or the person from whom it was seized.

(4) Subsections (2), (3)(a), and (3)(b) also apply in the following circumstances to property that has not been returned within 6 months after it was seized and impounded:

• (a) where the person from whom the property was seized cannot be contacted after reasonable efforts to find the person have been made:

• (b) where the property was not seized from a person and the owner of the property cannot be identified or contacted after reasonable efforts have been made to find the owner.

(5) Any surplus remaining after applying subsection (3) forms part of the general revenues of the local authority or, if the Director-General has been responsible for the seized property, must be paid into a Crown Bank Account.

(6) In subsection (1), working days has the meaning given to working day in section 5(1) of the Local Government Act 2002.

(1) An enforcement officer is not liable for any loss or damage to property arising directly or indirectly from the seizing and impounding of the property under section 37.

(2) Subsection (1) does not apply if the enforcement officer acted without good faith or if his or her omission or neglect was a major departure from the standard of care expected of a reasonable person in the circumstances.

(1) This Act does not limit or affect the powers of a local authority under the Local Government Act 2002 or any other enactment that confers powers on a local authority.

(2) This Act does not limit or affect the powers of the Department under the conservation Acts.

(3) This Act does not limit or affect any rights a person may have under any enactment to occupy a local authority area or conservation land (for example, rights of occupation under a nohoanga entitlement).

(4) Nothing in section 50 of the Local Government (Auckland Council) Act 2009 limits or prevents the Auckland Council from exercising its powers under this Act in respect of a local authority area that forms part of the Auckland transport system (as that term is defined in section 37(1) of that Act).

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation and the Minister of Local Government, make regulations for 1 or more of the following purposes:

• (a) prescribing infringement fees for infringement offences (being an amount not exceeding $1,000):

• (b) prescribing infringement notice forms:

• (c) prescribing reminder notice forms:

• (d) prescribing seizure and impounding notice forms.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation,—

• (a) specify a track as a Great Walks Track for the purposes of section 5(3):

• (b) remove the name of a track specified in Schedule 1.

A certificate signed by the chief executive of a local authority or the Director-General, in the absence of any evidence to the contrary, is sufficient evidence of the status of the contents of the certificate.

The purpose of this subpart is to authorise local authorities, for a period of 1 year beginning on the date of the commencement of this Act, to issue infringement notices for breaches of camping-related bylaws that the local authorities have made under other enactments.

(1) A breach of a bylaw provision specified in Schedule 3 is an infringement offence.

(2) The infringement fee for an offence referred to in subsection (1) is $200.

(3) For the purposes of issuing an infringement notice for an infringement offence referred to in subsection (1),—

• (a) this Act applies with any necessary modification; and

• (b) the infringement notice and reminder notice forms set out in Schedule 2 may be modified to reflect the provisions of the bylaw concerned; and

• (c) subject to section 26 of the New Zealand Bill of Rights Act 1990, the fee set out in subsection (2) overrides any penalty set out in the bylaw concerned for that provision (regardless of whether that penalty is for a greater or lesser amount).

(4) To avoid doubt, subsection (3) applies only where an infringement notice is issued for the breach of the bylaw provision. Where the local authority elects to prosecute the offence under the Summary Proceedings Act 1957,—

• (a) nothing in this Act applies to the proceedings or any penalty imposed as a result; and

• (b) in taking proceedings, the local authority must comply with the requirements of the enactment under which the bylaw was made.

(1) A breach of a bylaw provision specified in Schedule 4 is an infringement offence.

(2) The infringement fee for an offence referred to in subsection (1) is $200.

(3) However, subsection (1) applies only if the local authority responsible for making the bylaw containing the provision,—

• (a) by resolution,—

  • (i) describes the area or areas where camping is prohibited under the bylaw provision; or

  • (ii) specifies the conditions or restrictions on camping that apply, if the bylaw provision contemplates conditions or restrictions applying; and

• (b) gives public notice of the matters in paragraph (a).

(4) For the purposes of issuing an infringement notice or otherwise enforcing a breach of a bylaw provision referred to in subsection (1),—

• (a) this Act applies with any necessary modification; and

• (b) the infringement notice and reminder notice forms set out in Schedule 2 may be modified to reflect the provisions of the bylaw concerned; and

• (c) subject to section 26 of the New Zealand Bill of Rights Act 1990, the fee set out in subsection (2) overrides any penalty set out in the bylaw concerned for that provision (regardless of whether that penalty is for a greater or lesser amount).

(5) To avoid doubt, subsection (4) applies only where an infringement notice is issued for the breach of the bylaw provision. Where the local authority elects to prosecute the offence under the Summary Proceedings Act 1957,—

• (a) nothing in this Act applies to the proceedings or any penalty imposed as a result; and

• (b) in taking proceedings, the local authority must comply with the requirements of the enactment under which the bylaw was made.

(6) In subsection (3)(b), public notice has the meaning given in section 5(1) of the Local Government Act 2002.

(1) Any matter in relation to a bylaw provision (other than the issuing of an infringement notice for an infringement offence under section 47 or 48) must be dealt with in accordance with the enactment under which the bylaw was made (for example, the availability of any defences in relation to the alleged offence, any enforcement matter in relation to a breach of the bylaw provision, or any amendment or review of the bylaw by the local authority).

(2) Nothing in this subpart prevents the validity of the bylaw being challenged under any other enactment.

(3) This section is for the avoidance of doubt.

The descriptions of the offences in Schedules 3 and 4 are intended only to be an indication of the content of the bylaw provisions they describe, and are not intended to be used in the interpretation of the provisions.