Hot Water Beach, located on the east coast of the Coromandel Peninsula. Photo / NZME
Hot Water Beach, located on the east coast of the Coromandel Peninsula. Photo / NZME
An 84-year-old motorist hit with a $400 freedom camping infringement has steadfastly maintained her innocence resulting in her appeal being accepted and a subsequent review of signage at Hot Water Beach in the Coromandel.
Paeroa resident Gaynor Ball has held a driver’s licence since she was 17, having a clean record until December 28, 2023, when she was slapped with a ticket at the tourist hotspot.
It was through persistence that her case was reviewed, as Ball said she would “sooner go to prison than pay it”.
The drama unfolded after she paid $15.50 for 12 hours of parking at Taiwawe Carpark.
While en route to Matarangi in her campervan with her daughter and grandson, they decided to experience Hot Water Beach at low tide and near full moon at about 2am on December 28.
Ball said she took her overseas visitors and paid for 12 hours of parking at the 24-hour carpark at about 9pm on December 27.
After spending an enjoyable night in the hot pools on the beach, she returned to her campervan where she showered, with her daughter making them all a hot drink.
Ball said they were approached by a Thames-Coromandel District Council compliance officer at about 7am on December 28 who told her she had been freedom camping and then handed her the infringement notice.
“We were not freedom camping, we had paid for 12 hours’ parking which is sufficient time to enjoy the beach, have showers and warm drinks before continuing on to my daughter’s place at Matarangi.
“I am offended by being accused of a victimless crime that I have not committed, as any reasonable person observing the large 24-hour parking sign would assume that the purchase of a 12-hour parking permit would negate any accusations of parking freely.
Thames-Coromandel District Council is reviewing its signage for pay and display parking at Hot Water Beach.
“It is beyond my control that the lowest tide was during the hours of darkness.”
In addressing the council in writing on January 4, Ball said that if a reasonable outcome could not be reached, she would no longer recommend Hot Water Beach to overseas visitors and friends, as the signage was “contrary and convoluted”.
Ball requested the infringement be waived.
The council did not accept her appeal on January 10, saying that at the time of the inspection, the compliance officer had been told by a vehicle occupant that due to the campground gates being closed, Ball had parked at Taiwawe Carpark.
While 24-hour paid parking was available at the carpark, it did not include camping in a vehicle overnight, the council said in its response.
That was considered freedom camping which was prohibited in the carpark under the council’s freedom camping bylaw.
Ball said she wasn’t having a bar of it and headed straight to Coromandel MP Scott Simpson’s office in Thames where she shared her story with his office staffers.
From there they took up her appeal with the council, Ball said.
Simpson said Ball was a regular visitor to his Thames office and he was delighted his staff were able to help her.
Meanwhile, on January 30 she received good news when a letter from the council arrived in the mail.
The council had reviewed her appeal which had now been accepted.
The council had checked its systems and could see she had paid $15.50 for parking on December 27, 2023.
In the letter, the council said parking was a separate matter to freedom camping and to ensure that was clear for future visitors, it would review signage at the car park.
Council community outcomes manager Brian Taylor told the Hauraki Coromandel Post that upon appeal, the council became aware there was “some confusion between paying for parking and the freedom camping restrictions”.
“We decided to waive the infringement and planned a review of our signage at that location.
“This was to be part of the parking bylaw review which was planned for earlier this year but unfortunately with staff resourcing supporting the long-term plan it was slightly delayed. You will hopefully be aware that the review has now started.”
Taylor said the infringement notice was issued for freedom camping in a prohibited area as freedom camping was not allowed in Taiwawe Carpark at Hot Water Beach under the freedom camping bylaw.
“This is separate to the paid parking restriction in our parking bylaw; the infringement notice was appropriately issued given the observations of the officer at the time.”
The Hauraki Coromandel Post went back to Taylor and asked what the confusion was between paying for parking and freedom camping restrictions, and why the council had decided to waive the infringement and plan a review of signage at that location.
Taylor said two bylaws applied to the site, one for parking and the other for freedom camping, which was different from parking.
“They had paid for the parking, so no issue there; but the compliance officer observed that they were freedom camping, so he issued an infringement.
“It became clear the signage at the site was a bit confusing between parking overnight and freedom camping, so the infringement was waived.
“Once the new parking bylaw has been adopted, we can make sure the signage is clear.”
Ball said she wanted to thank Simpson’s staffer for helping her out with the appeal and advised others “not to be shy in coming forward” if they had uncertainties in similar situations.
“I think you should stand your ground against authorities, otherwise they will walk all over you.”
