SUBMISSION

Thames Coromandel District Council

Proposed Freedom Camping Bylaw 2022
Name(s)…………Paulette Tainsh…on behalf of the Mercury Bay South
Residents and Rate Payers association.

Email address…………paulette.tainsh@harcourts.co.nz……………………..

Contact Number………027 241 2001………………………………………………

Address……………39 Captain Cook Road, Cooks Beach…………………………………

I am submitting on behalf of The Mercury Bay Residents and

Ratepayers Association
I live at Cooks Beach in the Mercury Bay Community Board Area
I own a property at Cooks Beach in the Mercury Bay Community
Board Area

Hearing

Paul Hopkins (chair) I wish to speak at a hearing in support of this

submission

This (our) submission relates specifically to :-

1. Cooks Beach Central Reserve, 2A Riverview Road, Cooks

Beach (see Map 1)
2. Purangi Reserve, 2A Riverview Road, Cooks Beach (see
Map 2)

I/we note that all submissions are public information and will be published and be accessible
to the public and media as part of the decision making process. If I/we believe there are
compelling reasons why my/our name and contact details and/or submission should be kept
confidential, I/we will contact Thames Coromandel District Council.

Under the Reserves Act 1977 camping on reserves is prohibited unless approved by the Minister,
provided for in a campground, or permitted within a reserve management plan.

The previous Thames Coromandel Freedom Camping Bylaw 2014 has been revoked and the District
Council has put out for submission a new proposed Freedom Camping Bylaw 2022. Under the
Freedom Camping Act 2011, a local authority may make a bylaw under the Act only if it is satisfied
that—

(a) the bylaw is necessary for one or more of the following purposes:
(i) to protect the area:
(ii) to protect the health and safety of people who may visit the area:
(iii) to protect access to the area; and
(b) the bylaw is the most appropriate and proportionate way of addressing the perceived
problem in relation to that area; and
(c) the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

The proposed new Freedom Camping Bylaw has considered the need or otherwise to protect a
specific site against the three purposes outlined in the Act. The assessment criteria used for
assessing specific sites are generally interpreted as follows when undertaking an assessment of a
site.

Protection of the area

• Protection of the natural values of an area including ecosystems, biodiversity, plants and
wildlife including the risk of damage by fire
• Protection of the cultural values of an area including historic sites of significance to iwi and
early settlement of the area
• Protection of the amenity values of an area including residential and commercial areas (e.g.
protection of views from residential and commercial properties, protection from noise from
camping activity and arrival and departure of campers, loss of privacy)
• Protection of water quality of an area or catchment where run-off may impact on drinking
water quality (e.g. protection of drinking water from contamination from human waste)
• Protection of the economic values of an area including residential and commercial areas
(e.g. residential property values and loss of trade in commercial areas through occupation of
car parks)
• Protection of the recreational values of an area including the capacity of a site, visitor
experience and setting.

Protection of the health and safety of people who may visit the area
• Protection of visitors to an area from fire, crime or other direct threats (e.g. in areas in close
proximity to high fire risk areas such as the pine trees in the Endeavour Reserve or direct
treats such as flood or landslide risks)
• Protection of visitors to an area from hazards associated with traffic and traffic management
including access to and from a site (including emergency vehicles)

Protection of access to the area

• Protection of access to an area for residents and other (non-camping) visitors (e.g. ability to
access residential areas, boat ramps, foreshores, car parks, rivers, sports recreation and
community facilities including cemeteries)
 • Protection of access to an area for emergency services, service vehicles (e.g. rubbish trucks),
public transport, school buses and maintenance vehicles.
I/we submit that the entire Cooks Beach Reserve at 2A Riverview Road be included as an area where
freedom camping is prohibited. In particular, the reserves referred to as Cooks Beach Central and
Purangi Reserve at 2A River View Road in the settlement of Cooks Beach, have been assessed as
having “scores” which are too low and do not accurately reflect what is required to ensure the
protection of the area, the protection of the health and safety of the people who may visit the area
and the protection of access to the area. These reserve areas need to be included as an area where
freedom camping is prohibited.

There are inconsistencies and omissions of important site information in the assessments of the
Cooks Beach Central and the Purangi Reserve areas at the sensitive coastal settlement of Cooks
Beach, compared with assessments of Marine Parade Reserve at the same sensitive Cooks Beach
coastal reserve and similar coastal areas in settlements in close proximity to Cooks Beach. This has
resulted in incorrect designation recommendations by Council for these two sites. The correct
assessment “scores” for the Cooks Beach Central and Purangi Reserve should be significantly higher
at a score of 9 minimum, giving a correct designation of “prohibited” for freedom camping at Cooks
Beach Central and Purangi Reserve.

TCDC’s Comprehensive Report: Options for the Control of Freedom Camping, dated 8.2.2022,
discusses the problems caused by freedom camping, including health issues and environmental
pollution caused by disposal of human waste and used toilet paper, littering, damage or destruction
of native flora and fauna or wahi tapu by poor camping practices or the scale of camping in an area,
excessive noise that is a nuisance to nearby residents, verbal or physical assaults of residents or
Police, theft or damage of private property, eg, water from outdoor taps, vegetables and fruit from
gardens, loss of visual amenity due to location or number of campers in an area, fire risk from poor
fire safety practices or non-compliance with fire restrictions, compromised access to, or impact on
use of, public areas, particularly parking places and traffic safety issues or hazards caused by poor or
inconsiderate parking.

The report states that data collected by Council in the period November 2017 to November 2019
showed the revoked bylaw was effective in addressing the problems described above. I/we submit
that the revoked by law was definitely not effective in addressing those problems and the proposed
new bylaw will be equally ineffective in protecting the area, the health and safety and the access at
these two proposed “restricted” freedom camping sites.

I/we support the inclusion of the Marine Parade Reserve as an area where freedom camping is
prohibited and seek a similar inclusion of Cooks Beach Central and Purangi Reserve, ie, the entire
reserve area at Cooks Beach, as an area where freedom camping is prohibited.

I/we submit that the following site information needs to be fully considered and taken into account
in order to provide adequate and appropriate protection of the Cooks Beach Central and the
Purangi Reserve areas through a correct “prohibited” designation:-

PURANGI RESERVE

Protection of the area

• The Purangi area of Cooks Beach was among the very earliest places of Maori occupation
dating back as far as the 14th or 15th centuries and is of great significance to Ngati Hei.
• There are two recorded archaeological sites (NZAA – T11/508 and T11/593 – Midden and
stone working area – Indigenous pre 1769) on this reserve and the land may still contain
sub-surface remains from the activities that previously occurred in this area. (See
Attachment F)
• (All recorded and unrecorded archaeological sites are protected under the Heritage New
Zealand Pouhere Taonga Act 2014 (the Act).   The Heritage New Zealand Pouhere Taonga Act
2014 provides for the identification, protection, preservation and conservation of the historic
and cultural heritage of New Zealand. All archaeological sites are protected by the provisions
of the Act (section 42). It is unlawful to modify, damage or destroy an archaeological site
without prior authority from Heritage New Zealand. An authority is required whether or not
the land on which an archaeological site may be present is designated, a resource or building
consent has been granted, or the activity is permitted under regional or district plan.)
• There is also a Cairn on the reserve which marks the area where Captain James Cook and
astronomer Charles Green are said to have observed the transit of the planet Mercury in
November 1769.
• The Variable Oyster Catcher is a shore based bird and is found on the shores of the Purangi
Reserve. It is vulnerable to disturbance on the beaches, sandspits and dunes where its
breeding season is from October to March.
• This reserve coastline is also a dotterel breeding and nesting area which, likewise, are
vulnerable to disturbance on the beach during its’ breeding season from September to
February.
• The area is a sensitive coastline and experiences significant coastal erosion.
• Freedom Campers, self contained and otherwise, cut paths through the scrub and shrubs
down to and through the wetlands in the tidal inlet where rubbish is dumped and human
faecal matter is deposited. The rubbish attracts rats and stoats which represent a threat to
local birdlife.
• Freedom campers, generally, have no community connection or responsibility to the
community hence some of the less desirable behaviours exhibited which locals experience.
• The two proposed sites at Purangi Reserve in the Cooks Beach settlement, as is already well
known, would result in significant loss of amenity value for adjacent residents and property
owners as well as locals and visitors who access the beach and estuary via the reserve.
• There would be a loss of privacy for residents and home owners in the residential areas
adjacent to the Purangi Reserve and significant disturbance from the noise of camping
activity and their arrival and departure. Indeed, owners have sold their properties because
of the loss of amenity and privacy. (see Attachment A – copy NZMCA Prospective NZMC
Park Purchase proposal form where one of the site requirements is “away from residential
homes”.).
• The outlook across the proposed Purangi Reserve freedom camping sites from surrounding
properties of a pristine beach reserve landscape peppered with multiple motorhomes,
caravans, washing lines, tent awnings, temporary barbecue and dining areas, less than
private temporary shower set ups, etc represents a very real loss of visual amenity for
residents and property owners. Likewise, the amenity value for pedestrian users of the
 reserve accessing the estuary and beaches is impacted by the location and number of
campers and their activities in the reserve area adjacent to nearby residents.
• There have been, at one time over 40 vehicles observed staying overnight at the former
restricted Purangi freedom camping site and there have been frequently in excess of 20
observed there – both self-contained and non self-contained) (see Attachment B for photos
of excess camping vehicles)
• The rubbish dumping and faecal matter deposited near and on the wetland tidal inlet by
freedom campers, self-contained and non self-contained, represents a health hazard to
recreational users, including children who play in the area, kayakers who tow their kayaks
through to the water and people swimming in the tidal estuary. Significant infectious
diseases are spread by human faecal matter and the protection of the water quality should
be paramount. This is a significant environmental issue. (See Attachment B for photos of
deposits).
• A survey conducted by Queenstown Lakes DC identified that 95% of campervans have toilets
in the vehicle and, while the toilet is used 33% of the time only 31% use the toilet in
emergencies (see Attachment C).
• Likewise, protection of the water quality of this area / catchment is necessary where run-off
may impact on drinking water quality given the numerous properties which source their
water supply from ground water / bores.
• Private residential property neighbouring the freedom camping area is impacted by theft
from outside water taps/tanks, theft of fruit and vegetables and use of private barbecue
tables and chairs.
• Freedom camping in an area such as Cooks Beach, particularly in its’ beautiful reserves, adds
little to no value to the residential or commercial areas. Indeed, it detracts from their value
given there is little or no benefit or contribution to the local business owners and
restaurants. Freedom campers buy their necessities prior to their arrival and are unlikely to
frequent the local restaurants, bringing their own supplies with them to free-dom camp.
• Cooks Beach is serviced by two private campgrounds, Cooks Beach Resort and Flaxmill Bay
which have 100 fixed sites and 36 fixed sites respectively. These businesses operate to the
highest standards and strict compliance requirements, contributing to the local economy in
numerous ways including significant rates contributions and employment of local businesses
and people. Their Houses, Cottages, Cabins, Chalets and Event Centre also bring visitors to
the area who do contribute to the immediate local economy, visiting restaurants etc.
• The pressure on the entire settlement of Cooks Beach has significantly increased with the
huge growth in the number of new houses following several subdivisions which has brought
many more residents and visitors to the beach. The recreational values and capacity of this
area are already under pressure with the large influx of holiday makers and visitors and
these values must be protected.

Protection of the health and safety of people who may visit the area
 • The beachfront area of this reserve and neighbouring Endeavour Reserve, have been
severely affected by coastal erosion and frequent storms which resulted in the loss of a toilet
facility during a storm in 1978.
• In 2019 the Cooks Cairn was moved approximately 50m to the east of its original location
after it was washed out during a storm in 2018.
• Coastal erosion has impacted the beachfront area and continues to threaten parts of the
reserve.
• The Cooks Beach Coastcare group continue to protect the erosion prone dunes with
weeding and planting programmes.
• The lighting of fires by campers in the vicinity of the beach reserve near scrub, bush or the
large pine tree plantation is a fire hazard. The local volunteer fire brigade responds to call
outs and put these fires out.
• Captain Cook Road and Oyster Drive experience very high traffic volumes and vehicular use
to the reserve, the boat ramp and the overflow parking areas and access for residents,
visitors and other users needs to be protected.
• The road is narrow, windy, and poorly formed and is an area where families and children
come, young children ride bikes in this area and vehicles are now parking back up and
around Captain Cook Road and Oyster Drive thus narrowing access even further.
• The addition of large motor homes, buses and towed caravans exacerbates the congestion
and consequent dangers to visitors and users of the reserve area, particularly for children.
• The narrow access roads and entrance ways to the proposed freedom camping sites are not
easily accessible for large motorcaravans, buses and cars towing caravans and exacerbate
congestion for other users of the reserve area.
• Access to either of the proposed freedom camping sites are narrow, single lanes used by
pedestrians, children, owners with dogs on leads, vehicles, overflow boat trailer vehicles
accessing the designated parking area and kayakers, etc, making their way on foot to the
estuary.
• Large motorhomes, buses and towed caravans impact on the safety of residents, visitors and
other users of the reserve.
• The local fire brigade practice on part of the reserve and have installed a water storage tank
here with need to be accessible.

Protection of access to the area

• The reserve is extremely popular during the summer months and provides for a wide range
of activities including swimming, picnicking, cooking at the public barbecue facility, kayaking,
paddle boarding, boating and other forms of passive recreation.
• A large portion of the reserve is already designated as overflow parking area for vehicle and
boat trailer parking and there is the obvious potential for conflict between the overflow
parking vehicles and the freedom camping vehicles.
• The motorhomes, buses and caravans add to the congestion over the summer in particular,
because they stay for 2 days and 2 nights and don’t vacate during the day because it is a
designated “parking” area. They either park and stay for 2 days and 2 nights or they leave
before 9.00 a.m. and relocate to the prime beachfront Purangi Reserve spots under the pine
 trees by the estuary. Their sheer size compounds the congestion and hinders access in the
beachfront reserve area experienced by recreational users and residents.
• The access road to the boat ramp is narrow and gets congested particularly over the summer
months and public holidays.
• Protection of access to an area for the service vehicles to clean and maintain the toilets and
collect rubbish is impacted by the increased congestion at the Purangi Reserve.
• Enforcement of the previous freedom camping bylaw was an ongoing issue with excessive
numbers of campervans regularly secreting themselves at various locations around Cooks
Beach, with no obvious, consistent action on the part of the enforcement officer to enforce.
However, in contrast, dog owners and boaties parking with trailers have had enforcement
regulations rigorously applied.

COOKS BEACH CENTRAL

Protection of the area

• Cooks Beach was among the very earliest known places of Maori occupation dating back as
far as the 14th or 15th centuries and is of great significant to Ngati Hei.
• Protection of this sensitive coastal environment is needed where there is the need for a
‘Coastcare’ programme which is functioning west of the boat launching facility and will, in
time, extend along the length of the Cooks Beach Reserve..
• The coastline is a dotterel breeding and nesting area which are vulnerable to disturbance on
the beach during its’ breeding season from September to February.
• There would be a loss of privacy for residents and home owners in the residential area
adjacent to the Central Reserve and significant disturbance from the noise of camping
activity and their arrival and departure.
• The outlook and views out towards the pristine beach and Mercury Bay would obviously be
impacted by the arrival of many motor homes and vehicles towing caravans seeking a
camping spot where only 4 sites are proposed. It is well documented that any designated
limit is not adhered to, and the number of campers would be well in excess of 4. This would
represent a very real loss of amenity for residents, property owners and visitors to the area.
• Rubbish dumping from these multiple campers would represent a health hazard to the many
recreational users who frequent the area and the children who play there.
• Freedom camping in this specific coastal location adds virtually no value to the local
residential and commercial areas. Freedom campers contribute very little to the local
business owners and restaurants, purchasing their necessities prior to their arrival.
• Cooks Beach is serviced by two private campgrounds, Cooks Beach Resort and Flaxmill Bay
which have 100 fixed sites and 36 fixed sites respectively. These businesses operate to the
highest standards and strict compliance requirements, contributing to the local community
and economy in numerous ways, including significant rates contributions and employment
of local businesses and people. Their Houses, Cottages, Cabins, Chalets and Event Centre
 also bring visitors to the area who do contribute to the immediate local economy, visiting
restaurants etc.
• There has been a significant increase in the pressure on the capacity of the settlement of
Cooks Beach with the large growth in the number of new houses following several
subdivisions which have brought many more residents and visitors to the beach. The
recreational values and capacity of this area are already under pressure with the huge influx
of holiday makers and visitors. The recreational values of this area must be protected.

Protection of the health and safety of people who may visit the area

• The beachfront field/green zone is a day and night heli-landing site with an emergency
entrance to the reserve/green at the entrance of Marine Parade. This needs to be
protected.
• The local fire brigade practice on part of the reserve and, in the event of an emergency, will
need to have clear access to the emergency entrance to the field/green. This activity needs
to be protected.
• There is a children’s playground / swing area almost adjacent to the proposed restricted
freedom camping site. The proposal to locate a designated freedom camping site adjacent
to a public toilet and a children’s playground represents an obvious risk to the safety of, in
particular, children and other visitors to the area.
• Coastal erosion continues to threaten parts of the beach and to present a safety issue for
people who may visit the area, particularly during large storms.
• The lighting of fires by campers in the vicinity of the beach, particularly near the large pine
trees is a fire hazard. The local volunteer fire brigade responds to calls to put these fires
out.
• This is a high traffic area, vehicular and pedestrian, to the beach and to community events at
the park which would be adversely affected by the introduction of a designated freedom
camping site where large motorhomes, buses and towed caravans would impact on the
safety of residents, visitors, recreational users and other users of the area.

Protection of access to the area

• The beachfront reserve is a day and night heli-landing site with an emergency entrance to
the reserve at the entrance of Marine Parade. This needs to be protected.
• Banks Street and Marine Parade experience very high traffic volumes and vehicular use to
the beach front, the sports field and family recreation area and community events held at
the sports field. A designated freedom camping site would impact on the existing
congestion and access to the area for residents and recreational users.
• The Central Reserve is extremely popular during the summer months and provides for a
wide range of activities, including swimming, picnicking, kayaking, paddleboarding, boating,
community events at the green and other forms of passive recreation. Access for these
activities need to be protected.
 • This area already has very limited parking capacity and becomes very congested for
residents, visitors and recreational users. Therefore, designating 4 of those limited spaces
for freedom camping will negatively impact on access for these other users, particularly
given that inevitably there will be more than 4 freedom campers at any one time.
• Enforcement of the previous freedom camping by law was an ongoing issue with
excessive numbers of campervans regularly secreting themselves at various locations
around Cooks Beach, with no obvious, consistent action on the part of the
enforcement officer to enforce. However, in contrast, dog owners and boaties
parking with trailers have had enforcement regulations rigorously applied.

Additional Comments

It is to be anticipated that tourist and visitor numbers, including campervans, etc, will
continue to increase in the future. We consider that the greatest chance of a successful
outcome for the Mercury Bay area can be achieved by Council, with input from members of
the local community, if their planning includes a longer-term outlook of, say, 10-20 years by
seeking alternative solutions. Establishing 1 - 2 freedom camping sites, away from
residential areas, within 4-5 kms of the three main destinations in Mercury Bay South,
namely, Cooks Beach, Hahei and Hot Water would be a sensible, long term, course of action.
Discussions could also be had with, for example, Seeka to explore possibilities, and benefits,
of working with them to enable accommodation being made available for transient workers
in the kiwifruit season (March to June) alongside the freedom camping opportunities.

1. Alternative Freedom Camping Site

An alternative location for freedom camping could be established at the council owned land
at 50 Purangi Road, Whenuakite. The site was formerly used as the old dog dosing strip.
This 1.8ha parcel of land is a recreational reserve and Council could clear and level an area
to accommodate freedom camping sites whilst retaining the majority of the existing trees,
etc, for screening and privacy. (See Attachment D) This land is centrally located for all the
various attractions in the Mercury Bay Area, including, Cooks Beach, Hahei and Hot Water
Beach.

2. Enforcement and Infringement Issues

Judge Cooper, in her Decisions in the case of New Zealand Motor Caravan Association v
Thames Coromandel District Council (2016) noted that the position of the police in relation
to enforcing and Act of Parliament cannot be equated with a Council deciding not to enforce
a bylaw, nevertheless she considers it wrong in principle for a Council to both maintain a
bylaw and say it will not enforce it. This is because ‘citizens are entitled to regulate their
affairs in accordance with the law, and should not be dependent on enforcement policies
able to be changed without the formality and publicity attendant on the actual law making
process. This is a fundamental requirement of the rule of law’.

Attachment E is a letter from Council confirming that their operational position has been to
warn, rather than infringe self-contained vehicles parked outside the designated area….. etc.

Enforcement and consequent infringement has been an ongoing issue and, undeniably,
unless there is a 24 hour enforcement officer at Cooks Beach, the so called proposed
“restricted” designated freedom camping sites for 4 and 5 sites at Cooks Central and
Purangi Reserve respectively is impossible to enforce for the reasons identified earlier in the
submission.

For this reason, along with all the other reasons detailed above, and given the serious
impact of uncontrolled freedom camping in this sensitive coastal environment in the
residential settlement of Cooks Beach, I/we submit that freedom camping must be
designated as a “prohibited” activity.

3. Further Comments from Individual Submitters