Legality of ban under scrutiny

The council yesterday voted 7-2 to impose a year-round ban on self-contained motor homes overnighting on Marine Parade.

Marine Parade residents have been accused of "bullying" the Tauranga City Council into making a decision on freedom camping that would not survive a legal challenge.

New Zealand Motor Caravan Association general manager Bruce Lochore said the council needed to revisit yesterday's decision to impose a year-round ban on motor homes parking up at night along Marine Parade, from Banks Ave to Oceanbeach Rd. He said the decision was made with one eye on the election: "Clearly the council have felt the pressure and flip-flopped".

The campaign by Marine Parade residents resulted in the council reviewing its earlier 6-4 decision to allow a partial ban from December 1 to February 8.

Instead of allowing freedom campers to park up for the remaining 10 months of the year, the council yesterday voted 7-2 to impose a year-round ban on self-contained motor homes overnighting on this section of Marine Parade. It meant the whole of Marine Parade was now out of bounds to freedom campers at night.

Mr Lochore said the council had taken irrelevant factors into consideration and he was 100 per cent certain that its decision would not stack up against the Freedom Camping Act.

He questioned whether the council had done robust research to justify a prohibition along Marine Parade. The act demanded that bylaws had to be a proportionate response.

"There has to be an issue, and fears and other issues raised by residents don't meet the requirements of the act."

Mr Lochore said the council should use the fortnight before it publicly advertised the bylaw to seek legal advice. A High Court judicial review was an option but not the preferred option. "We are not making any threats at this stage."

Yesterday's 7-2 vote followed a two-hour session dominated by residents using the public forum to mount their arguments, with councillors Murray Guy and Terry Molloy opposing.

Arguments mounted by residents included the safety of other road users caused by big motor homes dominating the angle parks; that their lifestyles and views would be ruined by wall-to-wall freedom campers, the difficulty for the council to monitor people who broke the rules, people defecating in the dunes, and that motor homes would take up carparks in an area where parking was already at a premium on fine days.

Councillor Tony Christiansen was on leave and Mayor Stuart Crosby declared an interest and did not take part because his brother owned the Papamoa Beach Top 10 Holiday Resort and submitted against the Freedom Camping Bylaw.

Councillors Larry Baldock, Rick Curach, Bill Faulkner, Bill Grainger, Wayne Moultrie, Catherine Stewart and David Stewart supported the total ban.