No 351
House of Representatives
Supplementary Order Paper
Thursday, 11 May 2023
Self-contained Motor Vehicles Legislation Bill
Hon Stuart Nash
Self-contained Motor Vehicles Legislation Bill
Government Bill
158—1
Contents
| 1 | Title | |
| 2 | Commencement | |
| | |
| 3 | Principal Act | |
| | |
| 4 | Section 3 amended (Outline of Act) | |
| 5 | Section 4 amended (Interpretation) | |
| 6 | Section 5 amended (Meaning of freedom camp) | |
| 7 | Section 6 amended (Meaning of local authority area) | |
| 8 | New section 6A inserted (Meaning of NZTA land) | |
| 6A | Meaning of NZTA land | |
| 9 | Sections 8 and 9 replaced | |
| 8 | Meaning of LINZ land | |
| 9 | Transitional, savings, and related provisions | |
| 9A | Act binds the Crown | |
| | |
| 10 | Section 10 replaced (Where freedom camping permitted) | |
| 10 | Where freedom camping in local authority area permitted | |
| 10A | Bylaws declaring NZTA land to be local authority area | |
| 11 | Section 11 amended (Freedom camping bylaws) | |
| 12 | New sections 11A and 11B inserted | |
| 11A | Bylaws permitting freedom camping in motor vehicles that are not self-contained | |
| 11B | Requirements relating to bylaws made under sections 10A to 11A | |
| 13 | Section 13 amended (Review of bylaws) | |
| 14 | Section 15 amended (Where freedom camping permitted) | |
| 15 | Section 17 amended (Freedom camping notices) | |
| 16 | Section 18 amended (Public notification of freedom camping notices) | |
| 17 | New subpart 3 of Part 2 inserted | |
| | | |
| 19A | Where freedom camping on LINZ land permitted | |
| 19B | Freedom camping notices applying to LINZ landNotices permitting freedom camping on LINZ land | |
| 19BA | Commissioner and chief executive must consult before making notice | |
| 19C | Requirements relating to notices published under section 19B | |
| | |
| 18 | Section 20 replaced (Offences) | |
| | | |
| 20 | Infringement offences relating to local authority areas | |
| 20A | Infringement offences relating to conservation land | |
| 20B | Infringement offences relating to LINZ land | |
| 20C | Other infringement offences | |
| 20D | Strict liability offences | |
| 20E | Penalties for infringement offences | |
| | | |
| 20F | Offence to discharge certain substances | |
| 20G | Offence to interfere with enforcement officer | |
| | | |
| 19 | Section 21 repealed (Strict liability offences) | |
| 20 | Section 22 amended (Defences to offences) | |
| 21 | Section 23 repealed (Penalties) | |
| 22 | New cross-heading above section 24 inserted | |
| | | |
| 23 | Section 24 amended (Offenders liable for cost of damage) | |
| 24 | Section 26 amended (Who proceedings may be commenced against) | |
| 25 | Section 27 replaced (Issue of infringement notices) | |
| 27 | Who may serve infringement notices | |
| 27A | How to serve infringement notices | |
| 27B | Form of infringement notices | |
| 26 | Section 29 amended (Rental service agreement may provide for payment of infringement fee) | |
| 27 | Section 31 amended (Entitlement to infringement fees) | |
| 28 | Section 32 amended (Appointment of enforcement officers by local authorities) | |
| 29 | Section 33 amended (Appointment of enforcement officers by Director-General) | |
| 30 | New section 33A inserted (Appointment of enforcement officers by chief executive or commissioner) | |
| 33A | Appointment of enforcement officers by chief executive or commissioner | |
| 31 | Section 35 amended (Enforcement officers may require certain information) | |
| 32 | Section 36 amended (Enforcement officers may require certain persons to leave local authority area or conservation land) | |
| 33 | Section 38 amended (Requirements relating to seizure and impoundment of boats, caravans, and motor vehicles) | |
| 34 | Section 39 amended (Return of property seized and impounded) | |
| 35 | Section 40 amended (Disposal of property seized and impounded) | |
| 36 | Section 42 amended (Relationship of this Act with other enactments) | |
| 37 | Section 43 amended (Regulations) | |
| 38 | Section 45 amended (Evidence in proceedings) | |
| 38A | New section 45A inserted (Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2022) | |
| 45A | Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2022 | |
| | |
| 39 | New Schedule 1AA inserted | |
| 40 | Schedule 2 amended | |
| 40A | New Schedule 3 inserted | |
| | |
| 41 | Principal Act | |
| | |
| 42 | Section 3 amended (Purposes of this Act) | |
| 43 | Section 4 amended (Interpretation) | |
| 43A | Section 5 amended (Meaning of gasfitting) | |
| 43B | New section 6A inserted (Transitional, savings, and related provisions) | |
| 6A | Transitional, savings, and related provisions | |
| | |
| 44 | New Part 2A inserted | |
| | | |
| 87A | Purpose of this Part | |
| 87B | Interpretation of this Part | |
| | | |
| | | |
| 87C | Board may appoint self-containment certification authority | |
| 87D | Duration of appointment as self-containment certification authority | |
| 87E | Board may reappoint self-containment certification authority | |
| | | |
| 87F | Board may prescribe requirements for motor vehicle inspections | |
| 87G | Board must consult before making notices | |
| 87H | Notices under section 87F must be approved by Minister | |
| | | |
| 87I | Complaining about self-containment certification authority | |
| 87J | Procedure if Board deciding whether to accept or decline complaint | |
| 87K | Board may conduct investigation on own initiative | |
| 87L | Procedure if Board investigates complaint or matter | |
| 87M | Powers of inspection to investigate complaint | |
| 87N | Conditions on use of powers of inspection | |
| 87O | Information received from Registrar of Motor Vehicles | |
| | | |
| 87P | When Board may take disciplinary action under section 87Q | |
| 87Q | Disciplinary action Board may take in relation to self-containment certification authority | |
| 87R | Board must give self-containment certification authority reasonable opportunity to be heard | |
| 87S | Miscellaneous provisions concerning actions under section 87Q(1) | |
| | | |
| | | |
| 87T | Appointing motor vehicle inspectors | |
| | | |
| 87U | Self-containment certification authority may issue certificate of self-containment | |
| 87V | Self-containment certification authority may renew certificate of self-containment | |
| 87W | Self-containment certification authority may revoke certificate of self-containment | |
| | | |
| 87X | Form of certificate of self-containment | |
| 87Y | What to do with certificate of self-containment and warrant card | |
| | | |
| | | |
| 87Z | Register of self-contained motor vehicles | |
| 87ZA | Purpose of register | |
| 87ZB | Matters to be contained in register | |
| 87ZC | Application of certain sections about register of plumbers, gasfitters, and drainlayers | |
| | | |
| 87ZD | Self-containment certification authority must enter matters in register | |
| 87ZE | Enforcement officer may enter matters in register | |
| | | |
| 87ZF | Access to information on register | |
| 87ZG | Searching the register | |
| 87ZH | When search constitutes interference with privacy of individual | |
| | |
| 45 | Section 125 amended (Other offences) | |
| 46 | New section 125A inserted (Offences relating to regulating self-contained motor vehicles) | |
| 125A | Offences relating to regulating self-contained motor vehicles | |
| | |
| 47 | Section 137 amended (Functions of Board) | |
| 48 | Section 172 amended (Regulations) | |
| 49 | New sections 172A to 172C inserted | |
| 172A | Regulations relating to fees and charges for appointment as self-containment certification authority | |
| 172B | Levy of owners of motor vehicles with certificate of self-containment | |
| 172C | Requirements before making certain regulations | |
| | |
| 49A | New Schedule 1AA inserted | |
| | |
| | |
| 50 | Principal Act | |
| 51 | Schedule 4 amended | |
| | |
| 52 | Principal Act | |
| 53 | Section 2 amended (Interpretation) | |
| | |
| | |
| | |
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Self-contained Motor Vehicles Legislation Act 2022.
2 Commencement
(1)
The following provisions of this Act come into force on the day after the date on which this Act receives the Royal assent:
(a)
Part 1, except for the following provisions:
(i)
section 10(3A) of the Freedom Camping Act 2011 (as inserted by section 10 of this Act):
(ii)
section 15(2) of the Freedom Camping Act 2011 (as inserted by section 14(3) of this Act):
(iii)
section 19A(2) of the Freedom Camping Act 2011 (as inserted by section 17 of this Act):
(iv)
sections 20(1)(ba), 20A(aa), and 20B(ba) of the Freedom Camping Act 2011 (as inserted by section 18 of this Act):
(2)
The rest of this Act comes into force 6 months after the date on which this Act receives the Royal assent.—
(a)
on a date or dates set by Order in Council; or
(b)
to the extent not commenced earlier, 6 months after Royal assent.
Part 1 Amendments to Freedom Camping Act 2011
3 Principal Act
This Part amends the Freedom Camping Act 2011.
Subpart 1—Amendments to Part 1
4 Section 3 amended (Outline of Act)
(1)
Replace section 3(2) with:
(2)
This Act regulates freedom camping on the following land:
(a)
land controlled or managed by local authorities, including, in certain circumstances, land controlled or managed by the New Zealand Transport Agency under the Government Roading Powers Act 1989, the Land Transport Management Act 2003, the Public Works Act 1981, or the Railways Act 2005:
(b)
land controlled or managed by the Department of Conservation under the Conservation Act 1987, the National Parks Act 1980, the Reserves Act 1977, or the Wildlife Act 1953:
(c)
land managed or controlled by LINZ on behalf of the Crown under the Crown Pastoral Land Act 1998, the Land Act 1948, the Marine and Coastal Area (Takutai Moana) Act 2011, the New Zealand Railways Corporation Act 1981, or the Public Works Act 1981.
(2)
In section 3(3), delete “or on all land controlled or managed by the Department”
.
(3)
Replace section 3(6) with:
(6)
Part 2 has 3 subparts, which deal with the following matters:
(a)
subpart 1: freedom camping on land under the control of local authorities, as specified in subsection (2)(a):
(b)
subpart 2: freedom camping on land under the control of the Department of Conservation, as specified in subsection (2)(b):
(c)
subpart 3: freedom camping on land under the control of LINZ, as specified in subsection (2)(c).
(6A)
In Part 2,—
(a)
subparts 1 and 2 permit freedom camping unless it is restricted or prohibited in accordance with the provisions of each subpart; and
(b)
subpart 3 does not permit freedom camping unless it is permitted in accordance with the provisions of that subpart.
5 Section 4 amended (Interpretation)
(1)
In section 4, insert in their appropriate alphabetical order:
certificate of self-containment means a certificate of self-containment issued under section 87U of the Plumbers, Gasfitters, and Drainlayers Act 2006
chief executive means the chief executive of LINZ
commissioner means the Commissioner of Crown Lands appointed under section 24AA(1) of the Land Act 1948
Crown land Act means any one of the Crown land Acts
Crown land Acts means the following Acts:
(a)
the Crown Pastoral Land Act 1998:
(c)
the Marine and Coastal Area (Takutai Moana) Act 2011:
(d)
the New Zealand Railways Corporation Act 1981:
(e)
the Public Works Act 1981
infringement fee, in relation to an infringement offence, means the infringement fee for that infringement offence
LINZ means Land Information New Zealand
LINZ land has the meaning given in section 8
Minister means,—
(a)
for the purposes of sections 43(1) and 45A and clause 2A(1) of Schedule 1AA,—
(i)
the Minister of Tourism; or
(ii)
the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of those provisions:
(b)
for the purposes of any other provision in this Act,—
(i)
the Minister of Conservation and the Minister of Local Government; or
(ii)
the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act (other than the provisions specified in paragraph (a))
motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
motor vehicle means each of the following:
(a)
a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998:
(b)
a unit used for camping that is not itself a vehicle but is capable of being—
(i)
transported by means of being loaded onto a vehicle; and
(ii)
used for camping whether or not it is loaded onto a vehicle
New Zealand Transport Agency or NZTA means the Agency established by section 93 of the Land Transport Management Act 2003
NZTA land has the meaning given in section 6A
owner, in relation to a motor vehicle, has the same meaning as in section 2(1) of the Land Transport Act 1998, and owned has a corresponding meaning
rental company means the holder of a rental service licence under the Land Transport Act 1998
self-contained, in relation to a motor vehicle, means that the vehicle has a valid certificate of self-containment issued in accordance with section 87U(2)(d) of the Plumbers, Gasfitters, and Drainlayers Act 2006 (but see subpart 1 of Part 1 of Schedule 1AA for the meaning of self-contained during the transitional period)
transport Act means any one of the transport Acts
transport Acts means the following Acts:
(a)
the Government Roading Powers Act 1989:
(b)
the Land Transport Act 1998:
(c)
the Land Transport Management Act 2003:
(d)
the Local Government Act 1974:
(e)
the Public Works Act 1981:
vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
warrant card means the warrant card referred to in section 87X(1)(b) of the Plumbers, Gasfitters, and Drainlayers Act 2006
waste receptacle means a receptacle or facility that is provided for the purposes of disposing of waste (for example, a rubbish bin, public toilet, or bulk waste disposal unit)
(2)
In section 4, repeal the definition of freedom camping notice or notice.
(3)
In section 4, definition of enforcement officer, replace “section 32 or 33”
with “section 32, 33, or 33A”
.
(4)
In section 4, definition of infringement offence, replace “specified in section 20(1)”
with “against section 20, 20A, 20B, or 20C”
.
6 Section 5 amended (Meaning of freedom camp)
(1)
Replace section 5(1) with:
(1)
In this Act, freedom camp means to camp (other than at a camping ground) within 200 m of an area accessible by motor vehicle or within 200 m of the mean low-water springs line of any sea or harbour, or on or within 200 m of a formed road or a Great Walks Track, using 1 or more either or both of the following:
(a)
a tent or other temporary structure:
(2)
In section 5(2)(c), delete “caravan or”
.
(3)
After section 5(2), insert:
(2A)
In this Act, a person is not freedom camping if the person—
(a)
is a person other than a person who is in New Zealand on the basis of a visitor visa (within the meaning of the immigration instructions); and
(b)
is unable to live in appropriate residential accommodation; and
(c)
as a consequence of that inability, is living in either or both of the following:
(i)
a tent or other temporary structure:
(4)
In section 5(3), replace “subsection (1)”
with “this section”
.
(5)
In section 5(3), definition of camping ground, paragraph (a), replace “; and”
with “; or”
.
(6)
In section 5(3), insert in their appropriate alphabetical order:
immigration instructions has the same meaning as in section 4 of the Immigration Act 2009
residential accommodation includes accommodation in a dwelling house, flat, hotel, motel, boarding house, or camping ground
7 Section 6 amended (Meaning of local authority area)
(1)
Replace section 6(1)(a) with:
(a)
means an area of land—
(i)
that is within the district or region of a local authority; and
(ii)
that is—
(A)
controlled or managed by or on behalf of the local authority under any enactment; or
(B)
an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A; and
(2)
Replace section 6(2)(a) with:
(a)
means an area of land within Auckland that is—
(i)
controlled or managed by the Auckland Council under any enactment; or
(ii)
controlled or managed by Auckland Transport; or
(iii)
an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A; and
8 New section 6A inserted (Meaning of NZTA land)
After section 6, insert:
6A Meaning of NZTA land
In this Act, NZTA land—
(a)
means an area of land that is controlled or managed by the New Zealand Transport Agency under a transport Act; and
(b)
includes any part of an area of land referred to in paragraph (a); but
(c)
does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
9 Sections 8 and 9 replaced
Replace sections 8 and 9 with:
8 Meaning of LINZ land
In this Act, LINZ land—
(a)
means an area of land that is controlled or managed by LINZ under a Crown land Act; and
(b)
includes any part of an area of land referred to in paragraph (a); but
(c)
does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
9 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
9A Act binds the Crown
This Act binds the Crown.
Subpart 2—Amendments to Part 2
10 Section 10 replaced (Where freedom camping permitted)
Replace section 10 with:
10 Where freedom camping in local authority area permitted
(1)
Freedom camping is permitted in any local authority area, unless it is restricted or prohibited in that area as specified in subsection (3), if—
(a)
a tent or other temporary structure is used; or
(b)
a self-contained motor vehicle is used.
(2)
Freedom camping using a motor vehicle that is not self-contained is permitted in a local authority area only if it is permitted in that area—
(a)
in accordance with a bylaw made under section 11A; or
(b)
under any other legislation.
(3)
Freedom camping may be restricted or prohibited in a local authority area—
(a)
by a bylaw made under section 11; or
(b)
in the case of a self-contained motor vehicle, by the limit placed on the maximum number of people for which the vehicle is certified; or
(c)
under any other legislation.
(3A)
A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A.
(4)
See subpart 2 of Part 1 of Schedule 1AA for the applicable law during the transitional period.
10A Bylaws declaring NZTA land to be local authority area
(1)
A local authority may make bylaws declaring any area of NZTA land in its district or region to be a local authority area for the purposes of this Act.
(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:
(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.
(23)
The A local authority must not make a bylaw under subsection (1) without the written consent of the chief executive of the NZTA.
11 Section 11 amended (Freedom camping bylaws)
Replace section 11(3) to 11(7) with:
(3)
The A local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A, to be a local authority area.
12 New sections 11A and 11B inserted
After section 11, insert:
11A Bylaws permitting freedom camping in motor vehicles that are not self-contained
(1)
A local authority may make bylaws defining—
(a)
the local authority areas, if any, in its district or region where freedom camping in a motor vehicle that is not self-contained is permitted; and
(b)
the restrictions and conditions, if any, that apply to freedom camping in those areas.
(2)
The local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A, to be a local authority area.
11B Requirements relating to bylaws made under sections 10A to 11A
(1)
A bylaw made under section 10A, 11, or 11A must define an affected area in either or both of the following ways:
(b)
by a description of its locality (other than just its legal description).
(2)
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.
(3)
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) when—
(a)
making a bylaw under section 10A, 11, or 11A; or
(b)
amending a bylaw made under any of those sections; or
(c)
revoking a bylaw made under any of those sections.
(4)
Despite subsection (3)(b), a local authority may, by resolution publicly notified, make minor changes to, or correct errors in, a bylaw made under section 10A, 11, or 11A section 10A, 11, or 11A, 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.
(5)
In this section,—
affected area means the following:
(a)
in the case of a bylaw made under section 10A, an area of NZTA land declared to be a local authority area:
(b)
in the case of a bylaw made under section 11, an area where freedom camping is restricted or prohibited:
(c)
in the case of a bylaw made under section 11A, an area where camping in a motor vehicle that is not self-contained is permitted
publicly notified, in relation to a resolution, means a resolution given in accordance with the requirements of the definition of public notice in section 5(1) of the Local Government Act 2002.
13 Section 13 amended (Review of bylaws)
(1)
In section 13(1) and (2), replace “section 11”
with “section 10A, 11, or 11A”
.
(2)
In section 13(3), replace “bylaw”
with “bylaw made by it under section 11 and”
.
(3)
In section 13(4)(a), replace “section 11(5)”
with “section 11B(3)”
.
14 Section 15 amended (Where freedom camping permitted)
(1)
Replace the heading to section 15 with “Where freedom camping on conservation land permitted”
.
(2)
In section 15(b), delete “freedom camping”
.
(3)
In section 15, insert as subsection (2):
(2)
A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on conservation land on which freedom camping in a motor vehicle is restricted to self-contained motor vehicles.
15 Section 17 amended (Freedom camping notices)
Replace the heading to section 17 with “Freedom camping notices about conservation landNotices restricting or prohibiting freedom camping on conservation land”
.
16 Section 18 amended (Public notification of freedom camping notices)
(1)
Replace the heading to section 18 with “Public notification of freedom camping notices applying to conservation landPublic notification of notices restricting or prohibiting freedom camping on conservation land”
.
(2)
In section 18(1) and (2), replace “freedom camping notice”
with “freedom camping notice made published under section 17”
.
17 New subpart 3 of Part 2 inserted
After section 19, insert:
Subpart 3—Freedom camping on LINZ land
19A Where freedom camping on LINZ land permitted
(1)
Freedom camping is not permitted on LINZ land except in accordance with a freedom camping notice made under section 19B.
(2)
A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained.
19B Freedom camping notices applying to LINZ landNotices permitting freedom camping on LINZ land
(1)
Subsection (2) applies to LINZ land that is controlled or managed under either or both of the following Acts:
(a)
the Crown Pastoral Land Act 1998:
(2)
The commissioner may, by notice published in accordance with section 19C, define LINZ land where freedom camping is permitted and the restrictions and conditions, if any, that apply to freedom camping on that land.
(3)
Subsection (4) applies to LINZ land that is controlled or managed under either or both 1 or more of the following Acts:
(a)
the Marine and Coastal Area (Takutai Moana) Act 2011:
(b)
the Public Works Act 1981.:
(c)
the New Zealand Railways Corporation Act 1981.
(4)
The chief executive may, by notice published in accordance with section 19C, define LINZ land where freedom camping is permitted and the restrictions and conditions, if any, that apply to freedom camping on that land.
(5)
A notice published under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
19BA Commissioner and chief executive must consult before making notice
(1)
Before making a notice under section 19B(2), the commissioner must consult persons that the commissioner considers are likely to be significantly affected by the notice or persons that the commissioner considers to be representatives of those persons.
(2)
Before making a notice under section 19B(4), the chief executive must consult persons that the chief executive considers are likely to be significantly affected by the notice or persons that the chief executive considers to be representatives of those persons.
(3)
The requirements in subsections (1) and (2) do not apply to an area of LINZ land described in Schedule 3 if—
(a)
any restriction or condition in a notice made under section 19B that applies to the area of LINZ land is the same as a restriction or condition that applied to the area of LINZ land before the notice was made; and
(b)
a notice applying to the area of LINZ land has not previously been made under section 19B(2) or (4).
19C Requirements relating to notices published under section 19B
(1)
This section applies to any notice published under section 19B.
(2)
A notice may not permit freedom camping on any LINZ land that is held by a person under a lease or licence granted to the person by the Crown.
(3)
A notice must specify any restrictions and conditions that apply.
(4)
Sections 17(3)(a) and (c) and (4) and 18 apply with any necessary modifications, including the following:
(a)
in section 18(1)(b)(ii), the reference to the Director-General must be read as a reference to the chief executive or the commissioner, as applicable:
(b)
in section 18(2)(c) and (3), the references to the Department must be read as references to LINZ.
Subpart 3—Amendments to Part 3
18 Section 20 replaced (Offences)
Replace section 20 with:
Infringement offences
20 Infringement offences relating to local authority areas
(1)
A person commits an infringement offence if the person—
(a)
freedom camps in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 or 11A that applies to the area; or
(b)
freedom camps in a local authority area, other than a local authority area defined in a bylaw made under section 11A as permitting motor vehicles that are not self-contained, using a motor vehicle that is not self-contained; or
(ba)
fails to display a warrant card in a motor vehicle that the person is using to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A; or
(c)
freedom camps in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
(d)
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
(e)
makes preparations to freedom camp in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 or 11A that applies to the area; or
(f)
makes preparations to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A as permitting motor vehicles that are not self-contained, using a motor vehicle that is not self-contained; or
(g)
makes preparations to freedom camp in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
(h)
fails or refuses to leave a local authority area when required to do so by an enforcement officer acting under section 36.
(2)
In this section and in sections 20A and 20B, to make preparations means to do either or both of the following:
(a)
erect a tent to use it for freedom camping:
(b)
park a motor vehicle to use it for freedom camping.
20A Infringement offences relating to conservation land
A person commits an infringement offence if the person—
(a)
freedom camps on conservation land in breach of any prohibition or restriction specified in a freedom camping notice made under section 17 that applies to the land; or
(aa)
fails to display a warrant card in a motor vehicle that the person is using to freedom camp on conservation land on which freedom camping is restricted to self-contained motor vehicles; or
(b)
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
(c)
makes preparations to freedom camp on conservation land in breach of any prohibition or restriction specified in a freedom camping notice made under section 17 that applies to the land; or
(d)
fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36.
20B Infringement offences relating to LINZ land
A person commits an infringement offence if the person—
(a)
freedom camps on LINZ land, except to the extent that freedom camping is permitted on the land in accordance with a freedom camping notice made under section 19B; or
(b)
freedom camps on LINZ land in breach of any restriction or condition specified in a freedom camping notice made under section 19B that applies to the land; or
(ba)
fails to display a warrant card in a motor vehicle that the person is using to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained; or
(c)
while freedom camping on LINZ 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
(d)
makes preparations to freedom camp on LINZ land, except where freedom camping is permitted on the land in accordance with a freedom camping notice made under section 19B; or
(e)
makes preparations to freedom camp on LINZ land in breach of any restriction or condition in a freedom camping notice made under section 19B that applies to the land; or
(f)
fails or refuses to leave LINZ land when required to do so by an enforcement officer acting under section 36.
20C Other infringement offences
A person commits an infringement offence if the person—
(a)
displays in a motor vehicle an altered or a fraudulent warrant card; or
(b)
presents an altered or a fraudulent certificate of self-containment to an enforcement officer acting under this Act; or
(c)
refuses to give information when required to do so by an enforcement officer under section 35, or gives false or misleading information.
20D Strict liability offences
In prosecuting an infringement offence, 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, conservation land, or LINZ land.
20E Penalties for infringement offences
A person who commits an infringement offence is liable to—
(a)
an infringement fee of not exceeding $1,000 or any lesser or equal amount that is prescribed by regulations made under section 43; or
(aa)
if no regulations have been made under section 43 prescribing infringement fees, an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $3,000 or any lesser or equal amount prescribed by the regulations.
Other offences
20F Offence to discharge certain substances
(1)
A person commits an offence if the person discharges a substance in or on a local authority area, conservation land, or LINZ 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—
(i)
residents living on or near the area or land; or
(ii)
other users of the area or land.
(2)
A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
20G Offence to interfere with enforcement officer
(1)
A person commits an offence if, while an enforcement officer is carrying out the officer’s functions and duties under this Act, the person—
(a)
intentionally prevents the officer from carrying out those functions and duties; or
(b)
obstructs or impedes the officer; or
(c)
assaults, threatens, or intimidates the officer; or
(d)
uses language that is abusive or threatening to the officer; or
(e)
behaves in a threatening manner towards the officer.
(2)
A person who incites any other person to do any act referred to in subsection (1) commits an offence.
(3)
A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $5,000.
Defences to offences
19 Section 21 repealed (Strict liability offences)
20 Section 22 amended (Defences to offences)
In section 22(3), replace “section 20(1)(b)(ii), (d), (h)(ii), or (k)”
with “section 20(1)(d)(ii), 20A(b)(ii), or 20B(c)(ii)”
.
21 Section 23 repealed (Penalties)
22 New cross-heading above section 24 inserted
After section 23, insert:
Cost of damage
23 Section 24 amended (Offenders liable for cost of damage)
Replace section 24(1) with:
(1)
A person who commits an offence (including an infringement offence) may, in addition to, or instead of, incurring a penalty for the offence, be ordered to pay any of the following costs:
(a)
the costs incurred by the local authority in repairing any damage done to a local authority area as a result of the offence:
(b)
the costs incurred by the NZTA in repairing any damage done to NZTA land as a result of the offence:
(c)
the costs incurred by the Department in repairing any damage done to conservation land as a result of the offence:
(d)
the costs incurred by LINZ in repairing any damage done to LINZ land as a result of the offence.
24 Section 26 amended (Who proceedings may be commenced against)
Replace section 26(1)(b) with:
(b)
if a motor vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998:
25 Section 27 replaced (Issue of infringement notices)
Replace section 27 with:
27 Who may serve infringement notices
(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 enforcement officer who believes on reasonable grounds that a motor vehicle was used or is being used in the commission of an infringement offence may serve an infringement notice on the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998.
(3)
Subsection (2) does not limit the generality of subsection (1).
27A How to serve infringement notices
(1)
An infringement notice may be served—
(a)
by delivering it, or a copy of it, to the person—
(i)
who appears to have committed the infringement offence; or
(ii)
who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998; or
(b)
by sending it, or a copy of it, by email to the person at an email address that is used by the person; or
(c)
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
(d)
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 their last address provided for the purposes of that document; or
(e)
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.
(2)
For the purposes of the Summary Proceedings Act 1957,—
(a)
an infringement notice sent to a person by email under subsection (1)(b) is to be treated, unless the contrary is shown, as being served on the person at the time the email first enters an information system that is outside the control of the enforcement officer:
(b)
an infringement notice sent to a person by post under subsection (1)(c) or (d) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:
(c)
an infringement notice attached to a vehicle under subsection (1)(e) is to be treated as having been served when it is attached to the vehicle.
(3)
In this section,—
information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications
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 2012:
(c)
the Government Roading Powers Act 1989.
27B Form of infringement notices
(1)
An infringement notice must be in the prescribed form and contain all of the following particulars:
(a)
sufficient detail to inform the defendant of the time, place, and nature of the alleged offence:
(b)
the amount of the infringement fee:
(c)
the place where the infringement fee may be paid:
(d)
the time within which the infringement fee must be paid:
(e)
a summary of how section 21(10) of the Summary Proceedings Act 1957 applies to the alleged offence:
(f)
a statement that the defendant has a right to request a hearing:
(g)
a statement of the consequences if the defendant does not pay the infringement fee or request a hearing:
(h)
a statement of what will happen if the person served with the notice does not pay the infringement fee or request a hearing:
(i)
any other particulars that are prescribed by regulations.
(2)
If there is no prescribed form for the purposes of subsection (1), an infringement notice must be in the form set out in Schedule 2.
26 Section 29 amended (Rental service agreement may provide for payment of infringement fee)
In section 29(4), repeal the definition of rental company.
27 Section 31 amended (Entitlement to infringement fees)
Replace section 31(3) with:
(3)
All infringement fees resulting from infringement notices issued by enforcement officers appointed by the chief executive or the commissioner under section 33A must be paid into a Crown Bank Account.
(4)
To avoid doubt, subsections (1) to (3) apply irrespective of whether the fees are for offences committed in relation to a local authority area, conservation land, or LINZ land.
28 Section 32 amended (Appointment of enforcement officers by local authorities)
After section 32(2)(d), insert:
(e)
the LINZ land in relation to which they may act (being which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers).
29 Section 33 amended (Appointment of enforcement officers by Director-General)
After section 33(2)(d), insert:
(e)
the LINZ land in relation to which they may act (being which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers).
30 New section 33A inserted (Appointment of enforcement officers by chief executive or commissioner)
After section 33, insert:
33A Appointment of enforcement officers by chief executive or commissioner
(1)
The chief executive or the commissioner may appoint persons to be enforcement officers for the purposes of this Act.
(2)
The chief executive or the commissioner, as applicable, 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 LINZ land in relation to which they may act; and
(d)
the local authority areas in relation to which they may act (being which is only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers); and
(e)
the conservation land in relation to which they may act (being which is only land in respect of which the Director-General has consented to officers exercising enforcement powers).
31 Section 35 amended (Enforcement officers may require certain information)
(1)
In section 35(1), after “full address,”
, insert “email address,”
in each place.
(2)
After section 35(1), insert:
(1A)
An enforcement officer may direct a person to produce the certificate of self-containment that applies to the motor vehicle in which the person is freedom camping if the officer believes on reasonable grounds that—
(a)
the person has committed or is committing an offence under section 20(1)(b), (c), (f), or (g); or
(b)
the person—
(i)
has committed or is committing an offence under section 20A(a) or (c) or 20B(b) or (e); and
(ii)
has breached or is breaching a prohibition, restriction, or condition relating to self-contained motor vehicles.
32 Section 36 amended (Enforcement officers may require certain persons to leave local authority area or conservation land)
(1)
In the heading to section 36, replace “local authority area or conservation land”
with “local authority area, conservation land, or LINZ land”
.
(2)
In section 36, replace “local authority area or conservation land”
with “local authority area, conservation land, or LINZ land”
.
33 Section 38 amended (Requirements relating to seizure and impoundment of boats, caravans, and motor vehicles)
(1)
In the heading to section 38, replace “boats, caravans, and motor vehicles”
with “boats and motor vehicles”
.
(2)
In section 38, replace “a boat, a caravan, or a car, campervan, housetruck, or other motor vehicle”
with “a boat or motor vehicle”
.
34 Section 39 amended (Return of property seized and impounded)
(1)
In section 39(1), replace “the local authority concerned or the Director-General”
with “the local authority concerned, the Director-General, the chief executive, or the commissioner”
.
(2)
In section 39(2),—
(a)
replace “The local authority or the Director-General”
with “The local authority, the Director-General, the chief executive, or the commissioner”
; and
(b)
replace “the local authority or the Department”
with “the local authority, the Department, or LINZ”
.
(3)
In section 39(3) to (5), replace “the local authority or the Director-General”
with “the local authority, the Director-General, the chief executive, or the commissioner”
in each place.
35 Section 40 amended (Disposal of property seized and impounded)
(1)
In section 40(1) and (2), replace “local authority or the Director-General”
with “local authority, the Director-General, the chief executive, or the commissioner”
in each place.
(2)
In section 40(1), replace “local authority’s or the Director-General’s”
with “local authority’s, the Director-General’s, the chief executive’s, or the commissioner’s”
.
(3)
In section 40(5), replace “the Director-General”
with “the Director-General, the chief executive, or the commissioner”
.
36 Section 42 amended (Relationship of this Act with other enactments)
(1)
Replace section 42(2) with:
(2)
This Act does not limit or affect the following powers:
(a)
the powers of the Department under the conservation Acts:
(b)
the powers of the NZTA under the transport Acts:
(c)
the powers of LINZ under the Crown land Acts.
(2)
In section 42(3), replace “local authority area or conservation land”
with “local authority area, conservation land, or LINZ land”
.
37 Section 43 amended (Regulations)
Replace section 43(1) with:
(1)
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—
(a)
prescribing penalties for infringement offences, which,—
(i)
in the case of infringement fees, must not be more than $1,000; and
(ii)
in the case of fines, must not be more than $3,000:
(b)
prescribing different penalties for different infringement offences or classes of infringement offences, defined in any way (including by the seriousness of the offence or whether it is a repeat offence):
(c)
prescribing the form of—
(i)
infringement notices and reminder notices, and the information to be included in the notices; and
(ii)
seizure and impounding notices, and the information to be included in the notices:
(d)
providing for anything that this Act says may or must be provided for by regulations:
(e)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
38 Section 45 amended (Evidence in proceedings)
In section 45, replace “a local authority or the Director-General”
with “a local authority, the Director-General, the chief executive, or the commissioner”
.
38A New section 45A inserted (Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2022)
After section 45, insert:
45A Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2022
(1)
The Minister must—
(a)
review the effect of the amendment Act on homelessness; and
(b)
prepare a report on that review, including recommendations (if any) for amendments to this Act and the Plumbers, Gasfitters, and Drainlayers Act 2006.
(2)
The Minister must—
(a)
start the review no later than 2 years after the commencement date; and
(b)
complete the review no later than 30 months after the commencement date; and
(c)
present the report to the House of Representatives as soon as practicable after it has been completed.
(3)
In this section,—
amendment Act means the Self-contained Motor Vehicles Legislation Act 2022
commencement date means the date on which Part 1 of the amendment Act (except the provisions specified in section 2(1)(a)(i) to (iv) of the amendment Act) comes into force.
Subpart 4—Amendments to schedules
39 New Schedule 1AA inserted
Insert the Schedule 1AA set out in the Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.
40 Schedule 2 amended
()
In the Schedule 2 heading, replace “ss 27(6)”
with “ss 27B(2)”
.
(12)
In Schedule 2, form 1,—
(a)
replace “Section 27(6)”
with “Section 27B(2)”
:
(b)
under the heading “Payment of infringement fee”,—
(i)
after “date notice is delivered personally”
, insert “or emailed”
:
(ii)
delete “Payments by cheque should be crossed “Not transferable”.”
:
(c)
in paragraph 10, replace “section 20(1)(b)(ii), (d), (h)(ii), or (k)”
with “section 20(1)(d)(ii), 20A(b)(ii), or 20B(c)(ii)”
:
(d)
after paragraph 12, replace “sections 22 to 28”
with “sections 20E and 22 to 28”
.
(23)
In Schedule 2, form 2,—
(a)
under the heading “Payment of infringement fee”,—
(i)
after “date infringement notice was delivered personally”
, insert “or emailed”
:
(ii)
delete “Payments by cheque should be crossed “Not transferable”.”
:
(b)
in paragraph 5, replace “section 20(1)(b)(ii), (d), (h)(ii), or (k)”
with “section 20(1)(d)(ii), 20A(b)(ii), or 20B(c)(ii)”
:
(c)
after paragraph 8, replace “sections 22 to 28”
with “sections 20E and 22 to 28”
.
40A New Schedule 3 inserted
After Schedule 2, insert the Schedule 3 set out in Schedule 2 of this Act.
Part 2 Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006
41 Principal Act
This Part amends the Plumbers, Gasfitters, and Drainlayers Act 2006.
Subpart 1—Amendments to Part 1
42 Section 3 amended (Purposes of this Act)
After section 3(b), insert:
(c)
to appoint and regulate certification authorities.
43 Section 4 amended (Interpretation)
(1)
In section 4, insert in their appropriate alphabetical order:
motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
motor vehicle means each of the following:
(a)
a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998:
(b)
a unit used for camping that is not itself a vehicle but is capable of being—
(i)
transported by means of being loaded onto a vehicle; and
(ii)
used for camping whether or not it is loaded onto a vehicle
owner, in relation to a motor vehicle, has the same meaning as in section 2(1) of the Land Transport Act 1998
self-containment certification authority means a person appointed as a self-containment certification authority under section 87C.
vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
(2)
In section 4, replace the definition of Minister with:
Minister means,—
(a)
for the purposes of sections 87H, 172(1A), and 172A to 172C,—
(i)
the Minister of Tourism; or
(ii)
the Minister of the Crown who, under the authority of any a warrant or with the authority of the Prime Minister, is responsible for the administration of those sections:
(b)
for the purposes of any other section,—
(i)
the Minister for Building and Construction; or
(ii)
the Minister of the Crown who, under the authority of any a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act other than the sections specified in paragraph (a)
(3)
In section 4, replace the definition of register with:
register means the register kept under subpart 3 of Part 2 or, as the context requires, the register kept under subpart 3 of Part 2A
43A Section 5 amended (Meaning of gasfitting)
In section 5(1)(b), delete “caravan,”
.
43B New section 6A inserted (Transitional, savings, and related provisions)
After section 6, insert:
6A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Subpart 2—New Part 2A inserted
44 New Part 2A inserted
After section 87, insert:
Part 2A Self-contained motor vehicles
87A Purpose of this Part
The purpose of this Part is to regulate self-contained motor vehicles in order to manage the adverse effects of freedom camping on the natural environment.
87B Interpretation of this Part
In this Part, unless the context otherwise requires,—
core functions, in relation to a self-containment certification authority, means the following functions:
(a)
appointing a motor vehicle inspector under section 87T:
(b)
issuing a certificate of self-containment for a motor vehicle under section 87U:
(c)
making an entry in the register of self-contained motor vehicles under sections 87ZB and 87ZD
enforcement officer has the same meaning as in section 4 of the Freedom Camping Act 2011
freedom camp has the same meaning as in section 5 of the Freedom Camping Act 2011
motor vehicle inspection means an inspection of a motor vehicle for the purpose of assessing whether the vehicle meets the requirements for self-containment prescribed by regulations
motor vehicle inspector means a person appointed as a motor vehicle inspector in accordance with section 87T
Registrar of Motor Vehicles has the same meaning as Registrar in section 233(1) of the Land Transport Act 1998
registration plate has the same meaning as in section 233(1) of the Land Transport Act 1998.
Subpart 1—Board appoints and regulates certification authorities
Board may appoint self-containment certification authority
87C Board may appoint self-containment certification authority
(1)
A person may apply to the Board to be appointed as a self-containment certification authority.
(2)
A person who makes an application must—
(a)
apply using the form prescribed by regulations (if any); and
(b)
pay the fee prescribed by regulations (if any).
(3)
The Board—
(a)
must appoint the person as a self-containment certification authority if the Board is satisfied that the person will meet the requirements prescribed by regulations for appointment as a self-containment certification authority; and
(b)
must follow any process prescribed by regulations for appointing a person as a self-containment certification authority.
(4)
Subsection (3)(a) is subject to any action taken by the Board under section 87Q that precludes a person from being appointed as a self-containment certification authority.
87D Duration of appointment as self-containment certification authority
(1)
An appointment as a self-containment certification authority is valid for 5 years.
(2)
An appointment begins on the date on which the Board appoints the person as a self-containment certification authority.
(3)
The Board may revoke or suspend an appointment in accordance with section 87Q.
87E Board may reappoint self-containment certification authority
(1)
A person appointed as a self-containment certification authority may apply to the Board to be reappointed as a self-containment certification authority.
(2)
Sections 87C(2) to (4) and 87D apply with any necessary modifications.
(3)
A person whose existing appointment as a self-containment certification authority is currently revoked or suspended in accordance with section 87Q may not make an application under subsection (1).
(4)
If a person has applied under subsection (1) but the Board has not granted or declined the application before the person’s existing appointment ends, then—
(a)
the existing appointment continues in force until the Board has dealt with the application; and
(b)
any renewal must take effect from the date on which the existing appointment would (but for the reappointment) have ended.
Board may prescribe requirements for motor vehicle inspections
87F Board may prescribe requirements for motor vehicle inspections
(1)
The Board may, by notice, prescribe requirements relating to how motor vehicle inspections arranged by certification authorities under section 87U(2) must be carried out.
(2)
In prescribing the requirements, the Board must be guided by the following principles:
(a)
the requirements must be necessary to provide for motor vehicle inspections to be carried out to a consistently high standard:
(b)
the requirements may not impose undue costs on certification authorities or motor vehicle inspectors, or on the public.
(3)
A notice made under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
87G Board must consult before making notices
(1)
The Board must consult in accordance with this section before making a notice under section 87F.
(2)
The Board must consult the following persons about its proposal for the contents of the notice:
(a)
any person whom the Board considers able to represent the views of either or both of the following:
(i)
certification authorities:
(ii)
motor vehicle inspectors:
(b)
any organisation—
(i)
that the Board considers will be substantially affected by the proposal; or
(ii)
whose members the Board considers will be substantially affected by the proposal.
(3)
A failure to comply with this section does not affect the validity of any notice made under section 87F.
87H Notices under section 87F must be approved by Minister
(1)
Section 34 applies, with any necessary modifications, as if the notice referred to in that section were a notice made under section 87F.
(2)
In applying section 34,—
(a)
the references to section 28 or 30 must be read as references to section 87F:
(b)
Minister must be read as having the meaning given in paragraph (a) of the definition of Minister in section 4.
Board may consider complaints and conduct investigations
87I Complaining about self-containment certification authority
(1)
A person may complain to the Board about a self-containment certification authority.
(2)
A complaint must be made on 1 or more of the following grounds:
(a)
the self-containment certification authority has allegedly failed, or is failing, without good reason to properly carry out 1 or more of its core functions:
(b)
the self-containment certification authority has been, or is, negligent in carrying out 1 or more of its core functions:
(c)
the self-containment certification authority has been, or is, carrying out 1 or more of its core functions improperly.
87J Procedure if Board deciding whether to accept or decline complaint
(1)
The Board must, as soon as practicable after receiving a complaint,—
(a)
inform the self-containment certification authority concerned of the complaint; and
(b)
decide whether to accept or decline the complaint.
(2)
If the Board has received a complaint but has not yet decided whether to accept or decline the complaint, then—
(a)
the Board is not required to seek any information or submission from the self-containment certification authority; and
(b)
the self-containment certification authority is not entitled to submit any information or submission, unless requested to do so by the Board.
(3)
The Board must, immediately after making a decision under subsection (1),—
(a)
give written notice of the decision to the person who made the complaint and the self-containment certification authority concerned; and
(b)
if the Board decides to accept the complaint, investigate the complaint.
(4)
The Board may decline to accept, and is not required to investigate, a complaint that it considers vexatious or frivolous.
87K Board may conduct investigation on own initiative
(1)
If the Board considers that there are reasonable grounds for believing that any of the grounds specified in section 87I(2) applies, the Board may decide to investigate the matter—
(a)
on its own initiative; and
(b)
without a complaint under section 87I being made.
(2)
The Board must, immediately after making a decision under subsection (1),—
(a)
give written notice of the decision to the self-containment certification authority concerned; and
87L Procedure if Board investigates complaint or matter
(1)
This section applies if the Board investigates—
(a)
a complaint under section 87I; or
(b)
a matter on its own initiative under section 87K.
(2)
The Board must, in the notice to the self-containment certification authority given under section 87J(3) or 87K(2), as applicable,—
(a)
state that the Board has reason to believe that 1 or more grounds exist entitling it to exercise the disciplinary powers under section 87Q; and
(b)
provide particulars that will clearly inform the self-containment certification authority of the ground or grounds; and
(c)
give the self-containment certification authority a reasonable opportunity to make written submissions on the complaint or matter.
(3)
The Board must consider any written submissions that the self-containment certification authority makes.
(4)
A self-containment certification authority’s failure to make written submissions after being given a reasonable opportunity to do so does not limit the Board in investigating or determining the complaint or matter.
87M Powers of inspection to investigate complaint
Use of powers of inspection
(1)
The Board may use the powers in this section for the purpose of investigating a self-containment certification authority if—
(a)
the Board has accepted a complaint made under section 87I about the self-containment certification authority; or
(b)
the Board is conducting an investigation on its own initiative under section 87K.
(2)
The Board must, before using the powers in this section, give reasonable notice in writing to the self-containment certification authority concerned of—
(a)
the Board’s intention to use the powers; and
(b)
the reasons why the Board intends to use the powers.
Powers of inspection
(3)
The Board may authorise a person—
(a)
to inspect, at any reasonable time, any premises (not being a dwellinghouse or marae) occupied by the self-containment certification authority; and
(b)
to enter and re-enter any place for the purpose of conducting the inspection authorised by paragraph (a).
(4)
The Board may do 1 or more of the following:
(a)
require the self-containment certification authority to produce for inspection, within a reasonable period that the Board may specify, a document or class of document in the possession or under the control of the self-containment certification authority:
(b)
take copies of, or extracts from, any documents produced:
(c)
require the self-containment certification authority to provide, within any reasonable period that the Board specifies, any information or class of information that the Board requires.
87N Conditions on use of powers of inspection
(1)
The powers specified in section 87M(3) and (4) may be exercised only for the purpose of ensuring that the self-containment certification authority is meeting the requirements prescribed by regulations for appointment as a self-containment certification authority.
(2)
A person must give reasonable notice of that person’s intention to enter any premises under section 87M(3) to the self-containment certification authority, unless the giving of the notice would defeat the purpose of the entry.
(3)
A person must, on entering any premises under section 87M(3), and when requested at any subsequent time, produce—
(a)
evidence of that person’s authority to enter the premises; and
(b)
evidence of that person’s identity.
(4)
Nothing in section 87M authorises any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990) unless the person entering that area has a security clearance approved by the person in charge of the area.
87O Information received from Registrar of Motor Vehicles
(1)
This section applies to information the Board receives from the Registrar of Motor Vehicles in accordance with the following provisions of the Privacy Act 2020:
(2)
The Board may use the information for 1 or more of the following purposes:
(a)
to assess whether a self-containment certification authority has issued a certificate of self-containment appropriately, in respect of a specific motor vehicle:
(b)
to investigate—
(i)
complaints received under section 87I:
(ii)
a matter on the Board’s own initiative under section 87K.
(3)
The Board may direct the Registrar to update the register of self-contained motor vehicles as a result of any information received from the Registrar of Motor Vehicles.
Board’s enforcement powers
87P When Board may take disciplinary action under section 87Q
(1)
This section applies if the Board, after conducting an investigation and considering the submissions made by a self-containment certification authority (if any), is satisfied that the self-containment certification authority—
(a)
has failed without good reason to properly carry out 1 or more of the self-containment certification authority’s core functions:
(b)
has been negligent in carrying out 1 or more of those core functions:
(c)
has been guilty of misconduct in carrying out 1 or more of those core functions.
(2)
The Board may take any of the actions referred to in section 87Q(1) if it is satisfied that the self-containment certification authority—
(a)
obtained an appointment as a self-containment certification authority by making a false or misleading representation or declaration (whether oral or written); or
(b)
was not, at the times of its appointment as a self-containment certification authority, entitled to be appointed as a self-containment certification authority; or
(c)
has failed to ensure that a motor vehicle inspection done by a motor vehicle inspector appointed by that self-containment certification authority complied with requirements prescribed by regulations and notices issued by the Board under section 87F; or
(d)
has, without good reason,—
(i)
purported to appoint a motor vehicle inspector without complying with section 87T(1); or
(ii)
purported to issue a certificate of self-containment without complying with section 87U; or
(iii)
provided a warrant card without complying with section 87X(1)(b).
(3)
The Board may take any of the actions referred to in section 87Q(1) if a self-containment certification authority—
(a)
obstructs or prevents the Board from exercising its powers under section 87M(3); or
(b)
fails to comply with a requirement imposed on the self-containment certification authority by the Board under section 87M(4)(a) or (c).
87Q Disciplinary action Board may take in relation to self-containment certification authority
(1)
In any case to which section 87P applies, the Board may—
(a)
do both of the following things:
(i)
order that the appointment as a self-containment certification authority be revoked; and
(ii)
order that the person may not apply to be appointed as a self-containment certification authority before the expiry of a specified period:
(b)
order that the appointment as a self-containment certification authority be suspended—
(i)
for any period that the Board thinks fit; or
(ii)
until the person does any things that the Board specifies:
(c)
order that the self-containment certification authority be censured:
(d)
order the self-containment certification authority to pay a fine not exceeding $10,000:
(e)
order the self-containment certification authority to take remedial action—
(i)
within a specified period of time; and
(ii)
subject to any conditions that the Board specifies:
(f)
make no order under this subsection.
(2)
The Board may take only 1 type of action in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)(d) in addition to taking the action under subsection (1)(b) or (c).
(3)
The Board may not impose a fine under subsection (1)(d) in relation to an act or omission that constitutes an—
(a)
an offence for which the person has been convicted by a court; or
(b)
an infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee or a fine imposed by a court.
(4)
The Board may take an action under this section whether or not the person still holds a current appointment as a self-containment certification authority.
87R Board must give self-containment certification authority reasonable opportunity to be heard
Before taking any of the actions referred to in section 87Q(1), the Board must—
(a)
inform the self-containment certification authority concerned that it may take any of those actions, and why; and
(b)
give that person a reasonable opportunity to make written submissions and be heard on the question, either personally or through that person’s representative.
87S Miscellaneous provisions concerning actions under section 87Q(1)
(1)
Every fine imposed under section 87Q(1) is recoverable in any court of competent jurisdiction as a debt due to the Board.
(2)
An order under section 87Q(1) takes effect on the day after the date on which the order was made.
Effect of suspension of self-containment certification authority on that authority
(3)
If a person’s appointment as a self-containment certification authority is suspended under section 87Q(1)(b), the person may not—
(a)
appoint any person as a motor vehicle inspector in accordance with section 87T; or
(b)
arrange for a motor vehicle inspector to carry out a motor vehicle inspection under section 87U(2); or
(c)
issue a certificate of self-containment in accordance with section 87U(3).
(4)
At the end of a period of suspension, the person’s appointment as a self-containment certification authority is immediately revived.
(5)
Subsection (4) does not apply if there is some other ground to suspend or revoke that person’s appointment as a self-containment certification authority.
Effect of suspension of self-containment certification authority on motor vehicle inspectors
(6)
A motor vehicle inspector appointed by a self-containment certification authority that has been suspended under section 87Q(1)(b)—
(a)
may be appointed as a motor vehicle inspector under section 87T(1) by a person holding an existing appointment as a self-containment certification authority; and
(b)
if so appointed, may carry out a motor vehicle inspection under section 87U(2).
Subpart 2—Certification authorities
Self-containment certification authority may appoint motor vehicle inspector
87T Appointing motor vehicle inspectors
(1)
A self-containment certification authority may appoint as a motor vehicle inspector any person who meets the requirements prescribed by regulations for appointment as a motor vehicle inspector.
(2)
Any requirements prescribed by regulations in accordance with subsection (1) must include requirements that relate to the competence of a motor vehicle inspector.
Self-containment certification authority may issue, renew, or revoke certificate of self-containment
87U Self-containment certification authority may issue certificate of self-containment
(1)
A person may apply to a self-containment certification authority for a certificate of self-containment for a motor vehicle.
(1A)
The self-containment certification authority may accept or decline the application.
(2)
The If the self-containment certification authority accepts the application, it must—
(a)
arrange for a motor vehicle inspector appointed by the authority to carry out a motor vehicle inspection of the vehicle; and
(b)
ensure that the inspection is carried out in accordance with requirements prescribed by regulations, and by notices issued by the Board under section 87F; and
(c)
consider the findings of the inspection.; and
(d)
issue a certificate of self-containment if it is satisfied of the specified matters.
(3)
The self-containment certification authority must issue a certificate of self-containment if it is satisfied In this section, the specified matters are that—
(a)
the vehicle is equipped with a toilet that is—
(i)
permanently fixed to the vehicle; and
(ii)
usable within the vehicle; and
(b)
the vehicle meets the requirements for self-containment prescribed by regulations; and
(c)
the person applying for the certificate has paid any required levy prescribed by regulations.
87V Self-containment certification authority may renew certificate of self-containment
(1)
A person may apply to any self-containment certification authority to renew a current certificate of self-containment.
(2)
The self-containment certification authority must—
(a)
follow the process specified in section 87U(2); and
(b)
renew the certificate of self-containment if it is satisfied that the criteria specified in section 87U(3) are met.
87W Self-containment certification authority may revoke certificate of self-containment
(1)
A self-containment certification authority may revoke a current certificate of self-containment that it has previously issued if the authority is satisfied of 1 or more either or both of the following:
(a)
the motor vehicle that holds the certificate of self-containment does not meet the requirements for self-containment prescribed by regulations:
(b)
the authority issued the certificate on the basis of incorrect or incomplete information.
(2)
The self-containment certification authority must notify in writing the owner of the motor vehicle of the authority’s decision to revoke a certificate of self-containment.
Certificates of self-containment
87X Form of certificate of self-containment
(1)
A certificate of self-containment—
(a)
must be in the form prescribed by regulations; and
(b)
must be accompanied by a warrant card that—
(i)
states that the motor vehicle has been issued with a certificate of self-containment; and
(ii)
is in the form prescribed by regulations.
(2)
A certificate of self-containment is valid for a period not exceeding 4 years and expires on the expiry date specified on the certificate.
(3)
However, a certificate of self-containment ceases to be valid if 1 or more of the following circumstances applies:
(a)
the motor vehicle to which the certificate applies undergoes a material modification to 1 or more of the critical self-containment elements prescribed by regulations:
(b)
a self-containment certification authority revokes a certificate in accordance with section 87W.
87Y What to do with certificate of self-containment and warrant card
(1)
This section applies if the owner of a person is using a motor vehicle that has been issued with a certificate of self-containment is using the vehicle to freedom camp.
(2)
The owner person must—
(a)
keep the certificate of self-containment with the vehicle; and
(b)
display the warrant card associated with that certificate in accordance with requirements prescribed by regulations.—
(i)
sections 10(3A), 15(2), and 19A(2) of the Freedom Camping Act 2011; and
(ii)
requirements prescribed by regulations.
Subpart 3—Register of self-contained motor vehicles
Purpose, contents, and form of register
87Z Register of self-contained motor vehicles
(1)
The Board must establish and maintain, in accordance with this subpart, a register of self-contained motor vehicles.
(2)
The register must be kept by the Registrar.
87ZA Purpose of register
The purpose of the register is—
(a)
to enable the Board to determine ascertain any of the information contained on the register; and
(b)
to enable members of the public to determine ascertain the following information about a specific motor vehicle:
(i)
whether the motor vehicle holds a current certificate of self-containment:
(ii)
whether the motor vehicle has previously held a certificate of self-containment that has subsequently expired or been revoked:
(iii)
the expiry date of the motor vehicle’s current, expired, or revoked certificate of self-containment; and
(c)
to enable a self-containment certification authority to determine ascertain the following information:
(i)
the information specified in paragraph (b):
(ii)
the details of all certificates of self-containment issued by that self-containment certification authority:
(iii)
all the information contained in a motor vehicle’s certificate of self-containment:
(iv)
the details of any motor vehicle inspection of the vehicle carried out in accordance with section 87U(2); and
(d)
to enable an enforcement officer to determine ascertain the following information about a specific motor vehicle:
(i)
the information specified in paragraphs (b) and (c)(iii) and (iv):
(ii)
information recorded by an enforcement officer about the vehicle under section 87ZE.
87ZB Matters to be contained in register
(1)
The register must contain all of the following information, to the extent that the information is relevant, for each motor vehicle issued with a certificate of self-containment:
(a)
the name and address of the owner of the motor vehicle:
(b)
the numbers, letters, and any other distinguishing mark shown on the registration plates of the motor vehicle or, if the motor vehicle does not have registration plates, details about the make and model of the motor vehicle:
(c)
the name of the self-containment certification authority that issued the certificate of self-containment:
(d)
the date on which the self-containment certification authority issued the certificate of self-containment:
(e)
the expiry date of the certificate of self-containment:
(f)
the maximum number of people for which the motor vehicle is certified for use as a self-contained motor vehicle:
(g)
the unique identifying number shown on the certificate of self-containment and warrant card issued to the motor vehicle.
(2)
The register may contain the following information for each motor vehicle issued with a certificate of self-containment:
(a)
details of the motor vehicle inspection of the vehicle carried out in accordance with section 87U(2):
(b)
information recorded by an enforcement officer about the vehicle under section 87ZE:
(c)
any other information or documentation that the Registrar considers necessary or desirable for the purposes of the register.
87ZC Application of certain sections about register of plumbers, gasfitters, and drainlayers
(1)
Sections 73 and 81 apply, with any necessary modifications, as if the register referred to in those sections were the register of self-contained motor vehicles established under section 87Z.
(2)
In applying section 81, the reference to section 74 must be read as a reference to section 87ZB.
Who may enter information in register
87ZD Self-containment certification authority must enter matters in register
A self-containment certification authority that issues, renews, or revokes a certificate of self-containment must—
(a)
enter in the register the information and documentation referred to in section 87ZB(1); and
(b)
make any other entries in the register that may be required, permitted, or directed to be entered by or under this Act.
87ZE Enforcement officer may enter matters in register
(1)
This section applies if a motor vehicle has been used in the commission of an offence under section 20, 20A, 20B, or 20C of the Freedom Camping Act 2011.
(2)
An enforcement officer may enter in the register any information about the vehicle that the officer considers relevant.
Who may access register
87ZF Access to information on register
(1)
This section specifies who may access the information contained on the register.
Board
(2)
The Board may access the register for the purpose specified in section 87ZA(a).
Public access
(3)
Any person may access the register for the purpose specified in section 87ZA(b).
Certification authorities
(4)
Any self-containment certification authority may access the register for the purpose specified in section 87ZA(c).
Enforcement officers
(5)
Any enforcement officer may access the register for the purpose specified in section 87ZA(d).
87ZG Searching the register
The register may be searched only—
(a)
for a purpose specified in section 87ZA; and
(b)
by reference to the different classes of information specified in section 87ZB.
87ZH When search constitutes interference with privacy of individual
A search of the register for personal information that has not been carried out in accordance with sections 87ZF and 87ZG constitutes an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.
Subpart 3—Amendments to Part 3
45 Section 125 amended (Other offences)
Replace the heading to section 125 with “Other offences related to sanitary plumbing, drainlaying, or gasfitting”
.
46 New section 125A inserted (Offences relating to regulating self-contained motor vehicles)
After section 125, insert:
125A Offences relating to regulating self-contained motor vehicles
(1)
A person commits an offence if the person, knowing that they are acting without proper authority, issues any of the following:
(a)
a certificate of self-containment:
(2)
A person commits an offence if the person, knowing that they are acting without proper authority, falsely represents, expressly or by implication, that the person is a self-containment certification authority when the person is not.
(3)
A person commits an offence if the person intentionally obstructs any authorised person in the exercise of any powers conferred by or under section 87M.
(4)
A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $10,000.
(5)
A person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $50,000 in the case of an individual, or $250,000 in the case of a body corporate.
Subpart 4—Amendments to Part 4
47 Section 137 amended (Functions of Board)
(1)
Replace section 137(k) with:
(k)
to promote, monitor, and review—
(i)
the ongoing competency and safe work practices of registered persons, provisional licence holders, and employer licence holders; and
(ii)
the ongoing competency and performance of certification authorities:
(2)
Replace section 137(o) and (p) with:
(na)
to consider applications for appointment as a self-containment certification authority under section 87C, and to appoint persons in proper cases:
(o)
to hear complaints about, and discipline, persons to whom subpart 1 of Part 3 applies:
(oa)
to hear complaints about or investigate on its own initiative, and discipline, persons appointed as certification authorities in accordance with section 87C:
(p)
to institute prosecutions against persons for—
(i)
the breach of any legislation relating to sanitary plumbing, gasfitting, or drainlaying:
(ii)
the breach of any provisions in this Act relating to self-contained motor vehicles:
48 Section 172 amended (Regulations)
(1)
Replace section 172(1)(m) with:
(m)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
After section 172(1), insert:
(1A)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for anything that Part 2A of this Act says may or must be provided for by regulations.
(3)
In section 172(2), replace “subsection (1)”
with “subsection (1) or (1A)”
.
49 New sections 172A to 172C inserted
After section 172, insert:
172A Regulations relating to fees and charges for appointment as self-containment certification authority
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any either or both of the following purposes:
(a)
requiring the payment to the Board of fees and charges on an application to the Board to be appointed as a self-containment certification authority:
(b)
prescribing the amounts of those fees and charges or the manner in which those fees and charges are to be calculated.
(2)
Regulations made under subsection (1) may authorise the Board to refund or waive, in whole or in part and on any conditions that may be prescribed, payment of any fee or charge payable in relation to any person or class of persons.
(3)
Any fee, charge, or cost payable to the Board is recoverable by the Board in any court of competent jurisdiction as a debt due to the Board.
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(5)
If the regulations authorise the Board under subsection (2) to grant a refund or waiver,—
(a)
an instrument granting a refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements,) unless it applies only to 1 or more named persons); and
(b)
the regulations must contain a statement to that effect.
172B Levy of owners of motor vehicles with certificate of self-containment
(1)
The following persons must pay to the Crown, or a prescribed person on behalf of the Crown, a levy prescribed by regulations:
(a)
a person applying under section 87U(1) for a certificate of self-containment for a motor vehicle:
(b)
a person applying under section 87V(1) for a renewal of a certificate of self-containment for a motor vehicle.
(2)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies.
(3)
Levies must be prescribed on the basis that the following costs should be met fully out of the levies:
(a)
the costs of the Board in performing or exercising those of its functions, powers, and duties under this Act and any other enactment that relate to the regulation of self-contained motor vehicles; and
(b)
the costs of collecting the levy money.
(4)
Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.
(5)
The regulations may—
(a)
specify the amount of levies, or method of calculating or ascertaining the amount of levies:
(b)
include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
(c)
refund, or provide for refunds of, any over-recovery of the actual costs:
(d)
provide for the payment and collection of levies:
(da)
specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:
(db)
for the first financial year to which a levy applies, include in a levy amount or method the costs of the Board in establishing its functions under section 137(k)(ii), (na), (oa), and (p)(ii):
(dc)
require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
(e)
provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.
(6)
The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Board, or to any other person prescribed for the purposes of this subsection, on behalf of the Crown.
(7)
The Board, or any other person prescribed for the purposes of this subsection, must ensure that—
(a)
each levy payment is paid into a Crown Bank Account and is separately accounted for; or
(b)
by the 20th day of the month after the month in which the Board or other person receives a levy payment, the levy payment is paid into a Crown Bank Account.
(8)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(9)
If regulations authorise a person to grant waivers or refunds referred to in subsection (5)(e),—
(a)
an instrument granting a waiver or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
(b)
the regulations must contain a statement to that effect.
172C Requirements before making certain regulations
(1)
The Minister may recommend the making of regulations under section 172(1A), 172A(1), or 172B(2) only if the Minister—
(a)
has consulted persons that the Minister considers are likely to be significantly affected by the regulations or persons that the Minister considers to be representatives of those persons; and
(b)
is satisfied that the regulations facilitate the management of the adverse effects of freedom camping on the natural environment.
(2)
The Minister may recommend the making of regulations under section 172A(1) or 172B(2) only if the Minister has consulted persons that the Minister considers are likely to be significantly affected by the regulations or persons that the Minister considers to be representatives of those persons.
Subpart 5—Amendments to schedules
49A New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 3 of this Act as the first schedule to appear after the last section of the principal Act.
Part 3 Amendments to other Acts
Subpart 1—Amendment to Privacy Act 2020
50 Principal Act
This subpart amends the Privacy Act 2020.
51 Schedule 4 amended
In Schedule 4, under the cross-heading Registrar of Motor Vehicles records, third column, after the item relating to an enforcement authority under the Land Transport Management Act 2003, insert:
Plumbers, Gasfitters, and Drainlayers Board (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of the Board carrying out the functions conferred on the Board by sections 87J(3)(b) and 87K(2)(b) of the Plumbers, Gasfitters, and Drainlayers Act 2006) |
Subpart 2—Amendment to Summary Proceedings Act 1957
52 Principal Act
This subpart amends the Summary Proceedings Act 1957.
53 Section 2 amended (Interpretation)
In section 2(1), definition of infringement notice, after paragraph (jh), insert:
(ji)
section 27 of the Freedom Camping Act 2011; or
Schedule 1 New Schedule 1AA inserted into Freedom Camping Act 2011
s 39
Schedule 1AA Transitional, savings, and related provisions
s 9
Part 1 Provisions relating to Self-contained Motor Vehicles Legislation Act 2022
1 Interpretation of this Part
In this Part,—
Aamendment Act means the Self-contained Motor Vehicles Legislation Act 2022
commencement date means the day after the date on which the Aamendment Act receives the Royal assent
existing standard means NZS 5465:2001 Self-containment of motor caravans and caravans (as it read before it was modified by clause 3)
modified standard means the existing standard as modified by clause 3
transitional period means the period of time that—
(a)
starting starts on the commencement date; and
(b)
ending the day before the date that is 2 years after the commencement date.ends on the later of the following:
(i)
the day before the date that is 2 years after the commencement date:
(ii)
the latest date specified as the end date of period 4 by an Order in Council made under clause 2A.
Subpart 1—Applicable standards for self-contained motor vehicles during transitional period
Interpretation
2 Interpretation of this subpart
In this subpart,—
existing standard means NZS 5465:2001 Self containment of motor caravans and caravans (as it read before it was modified by clause 3)
modified standard means the existing standard as modified by clause 3
period 1 means the period of time that— starting on the commencement date and ending on the day before the day that is 6 months after the commencement date
(a)
starts on the commencement date; and
(b)
ends on the day before the date that is 6 months after the commencement date
period 2 means the period of time that— starting on the day that is 6 months after the commencement date and ending on the day before the day that is 1 year after the commencement date
(a)
starts 6 months after the commencement date; and
(b)
ends on the day before the date that is 1 year after the commencement date
period 3 means the period of time that— starting on the day that is 1 year after the commencement date and ending on the day before the day that is 18 months after the commencement date
(a)
starts 1 year after the commencement date; and
(b)
ends on the day before the date that is 18 months after the commencement date
period 4 means the period of time that— starting on the day that is 18 months after the commencement date and ending on the day before the day that is 2 years after the commencement date.
(a)
starts 18 months after the commencement date; and
(b)
ends on the later of the following:
(i)
the day before the date that is 2 years after the commencement date:
(ii)
the latest date specified as the end date of period 4 by an Order in Council made under clause 2A.
Extension of period 4
2A Regulations extending period 4 of transitional period
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations specifying the end date of period 4.
(2)
The end date of period 4 may be extended to a date that is no more than 4 years after the commencement date.
(3)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
2B Matters Minister must be satisfied of before recommending regulations be made
(1)
Before recommending that an Order in Council be made under clause 2A(1), the Minister must—
(a)
consider, if relevant,—
(i)
the number of persons who have to date been appointed as self-containment certification authorities under section 87C(3) of the Plumbers, Gasfitters, and Drainlayers Act 2006:
(ii)
the number of persons who have to date been appointed as motor vehicle inspectors under section 87T(1) of that Act:
(iii)
the number of motor vehicles that have to date been issued with a certificate of self-containment under section 87U(2)(d) of that Act:
(iv)
any other matters the Minister considers relevant; and
(b)
consult any persons or groups that the Minister considers necessary or desirable to assist the Minister to make an assessment under subclause (2).
(2)
The Minister may recommend that an order be made under clause 2A(1) only if the Minister is satisfied that the order is necessary or desirable to allow sufficient time for—
(a)
persons (other than rental companies) who own a motor vehicle that has not yet been issued with a certificate of self-containment to apply for a certificate of self-containment under section 87U(1) of the Plumbers, Gasfitters, and Drainlayers Act 2006; and
(b)
self-containment certification authorities to carry out their functions under section 87U(1A) and (2) of that Act.
Applicable standards for self-contained motor vehicles during transitional period
3 Existing standard modified
(1)
For the purposes of this Act, the existing standard is modified on the commencement date as specified in subclause (2).
(2)
Clause 6.1 of the existing standard is replaced with the following text:
6.1
The motor caravan or caravan shall be equipped with a toilet that is permanently fixed to the motor caravan or caravan, in accordance with the manufacturer’s instructions.
4 When a motor vehicle is self-contained during periods 1 to 4 transitional period
(1)
During periods 1 to 4, and despite section 4, a motor vehicle is self-contained within the meaning of this Act if it meets the standards specified in subclause (2).
(1)
During the transitional period, a motor vehicle is self-contained within the meaning of this Act if it is self-contained as that term is defined in—
(2)
A motor vehicle is self-contained if,—
(a)
during periods 1 to 3, the vehicle was certified, before the commencement date and in accordance with the requirements of the existing standard, as having met the existing standard; or
(b)
during periods 1 and 2, the vehicle is certified, in accordance with the requirements of the modified standard, as having met the modified standard; or
(c)
during period 3, the vehicle was certified, in period 1 or 2 and in accordance with the requirements of the modified standard, as having met the modified standard; or
(d)
during period 4, the vehicle is not owned by a rental company and—
(i)
was certified, before the commencement date and in accordance with the requirements of the existing standard, as having met the existing standard; or
(ii)
was certified, in period 1 or 2 and in accordance with the requirements of the modified standard, as having met the modified standard.
5 Free public access to modified standard
(1)
The Ministry of Business, Innovation, and Employment (the Ministry) must ensure that an up-to-date version of the modified standard is—
(a)
publicly available free of charge on an Internet site maintained by or on behalf of the Ministry; and
(b)
available for inspection free of charge at the head office of the Ministry during business hours; and
(c)
for sale at a reasonable price at the head office of the Ministry during business hours.
(2)
This clause applies during the period of time starting that starts on the commencement date and ending ends at the conclusion of period 4.
Subpart 2—References to warrant card during transitional period
5A How certain references to warrant card are to be read during transitional period
During the transitional period, a reference to a warrant card in section 10(3A), 15(2), 19A(2), 20(1)(ba), 20A(aa), or 20B(ba) must be read as a reference to whichever of the following is applicable to the self-contained motor vehicle that is being used to freedom camp:
(b)
a self containment warrant issued under clause 15.2 of the existing or the modified standard.
Subpart 23—Effect of current bylaws during transitional period amendment Act on bylaws
6 Application of this subpart
This subpart applies to any bylaw in force immediately before the commencement date that authorises, prohibits, permits, restricts, or imposes conditions on freedom camping., provided that the bylaw is—
(a)
made by a local authority; and
(b)
in force immediately before the commencement date.
7 Bylaws continue in force during transitional period
(1)
A bylaw to which this subpart applies continues in force during the transitional period unless it is earlier revoked, quashed, or replaced.
(2)
In particular, the following matters permitted or authorised by these bylaws continue to be permitted or authorised:
(a)
any specified mode of freedom camping:
(b)
freedom camping in any defined area:
(c)
any restrictions or conditions imposed by those bylaws in relation to a specified mode of freedom camping or freedom camping in any defined area.
(3)
This subpart overrides section 11A.
7 Local authority must amend inconsistent bylaw
(1)
If a bylaw is inconsistent with the amendment Act,—
(a)
the amendment Act prevails and the bylaw has no effect to the extent of the inconsistency; and
(b)
the local authority must amend or revoke the bylaw to remove the inconsistency.
(2)
The local authority may, despite anything in this Act or any other legislation, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—
(a)
satisfy itself of the matters specified in section 11(2); or
(b)
use the special consultative procedure set out in section 11B(3).
8 Local authority may make bylaw permitting freedom camping in motor vehicles that are not self-contained
(1)
Subclause (2) applies to a bylaw—
(a)
to which this subpart applies; and
(b)
that designates a local authority area as suitable for freedom camping in a motor vehicle that is not self-contained.
(2)
The bylaw continues in force during the transitional period unless it is earlier revoked, quashed, or replaced.
(3)
For the purposes of section 20(1)(a), (b), (ba), (e), and (f), during the transitional period the bylaw must be treated as if it had been made under section 11 or 11A, as applicable.
(4)
A local authority may, despite anything in this Act or any other legislation, make a bylaw under section 11A (the new bylaw) revoking and replacing the bylaw to which subclause (2) applies (the old bylaw) if the application of the new bylaw is limited to the local authority area to which the old bylaw applied.
(5)
The local authority may make the new bylaw by resolution publicly notified, without being required to use the special consultative procedure referred to in section 11B(3).
9 References to “self-contained” in existing bylaws
(1)
This clause applies to any reference in a bylaw to “self-contained” or “self contained” in relation to a motor vehicle.
(2)
The reference has the same meaning as self-contained in section 4 (as amended by section 5 of the amendment Act).
Schedule 2 New Schedule 3 inserted into Freedom Camping Act 2011
s 40A
Schedule 3 LINZ land exempt from consultation requirement
s 19BA
| Location | Site name | Legal description |
| Lake Dunstan | Bendigo | Part Section 1 SO 23940 |
| Lake Dunstan | Champagne Gully | Section 3 SO 23940 |
| Lake Dunstan | Jackson’s Inlet | Section 3 SO 23940 |
| Lake Dunstan | Lowburn | Part Section 1 SO 23940 |
| Lake Pukaki | Pines Camp | Section 2 SO 497878 |
Schedule 3 New Schedule 1AA inserted into Plumbers, Gasfitters, and Drainlayers Act 2006
s 49A
Schedule 1AA Transitional, savings, and related provisions
s 6A
Part 1 Provisions relating to Self-contained Motor Vehicles Legislation Act 2022
1 Interpretation
In this Part,—
amendment Act means the Self-contained Motor Vehicles Legislation Act 2022
certifying plumber means a person who is registered as a certifying plumber in accordance with the requirements of the registration notice
commencement date means the day after the date on which the amendment Act receives the Royal assent
registration notice means the notice currently in force that is made by the Board under sections 28 and 30 designating classes of registration for sanitary plumbing and prescribing matters relating to plumbing registration and licensing
transitional period means the period of time that—
(a)
starts 6 months after the date on which the amendment Act receives the Royal assent; and
(b)
ends on the day before the date that is 2 years after the commencement date.
2 Pre-commencement consultation treated as consultation for purpose of section 172C
Consultation carried out by the Minister before the commencement date about proposed regulations to be made under section 172(1A), 172A(1), or 172B(2) is treated as consultation for the purpose of section 172C(1)(a) and (2).
3 Certifying plumber deemed to be self-containment certification authority and motor vehicle inspector
During the transitional period, a certifying plumber is deemed to be—
(a)
a self-containment certification authority, as if the certifying plumber had been appointed as such by the Board under section 87C(3); and
(b)
a motor vehicle inspector, as if the certifying plumber had been appointed as such by a self-containment certification authority under section 87T(1).