NEW ZEALAND MOTOR CARAVAN ASSOCIATION INCORPORATED AND QUEENSTOWN LAKES DISTRICT COUNCIL
[2024] NZHC 3264
•5 November 2024
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CIV-2023-425-002
[2024] NZHC 3264
UNDER the Judicial Review Procedure Act 2016 IN THE MATTER
of an application for review of a decision to adopt the Freedom Camping Bylaw 2021
BETWEEN
NEW ZEALAND MOTOR CARAVAN ASSOCIATION INCORPORATED
Applicant
AND
QUEENSTOWN LAKES DISTRICT COUNCIL
Respondent
Hearing: 10 June 2024, with supplementary submissions 18 October 2024
and 1 November 2024
Appearances:
P J Page and S R Wells for Applicant
S D Campbell and B E McIntosh for Respondent
Judgment:
5 November 2024
JUDGMENT (NO. 2) OF OSBORNE J
The invalid bylaw
[1] In December 2021, the Queenstown Lakes District Council (QLDC) adopted the Freedom Camping Bylaw 2021(the 2021 Bylaw).
[2] The New Zealand Motor Caravan Association Inc (NZMCA) sought judicial review of the 2021 Bylaw.
NEW ZEALAND MOTOR CARAVAN ASSOCIATION INCORPORATED v QUEENSTOWN LAKES DISTRICT COUNCIL [2024] NZHC 3264 [5 November 2024]
[3] Following a hearing, I made an order declaring QLDC’s decision to adopt the 2021 Bylaw invalid.1
[4] As counsel had jointly submitted that, in the event such a declaration were made, it would be appropriate that the Court hear submissions from counsel as to the appropriate form of relief, I reserved leave to counsel to make submissions on that issue.
The appropriate relief
[5] The parties are in agreement that, in addition to the declaration that has been made, the Court should appropriately quash the 2021 Bylaw. For the reasons set out in the preceding judgment that led to the making of the declaration, I consider that an order quashing the 2021 Bylaw in its entirety is also appropriate. The parties did not fully agree on what the Court might appropriately order in relation to the effective date of the quashing. Both accepted the quashing order should take effect no earlier than the date of the previous judgment. The preferred position of QLDC was that the 2021 Bylaw “remain in force for as long as possible”, but QLDC expressly abided the Court’s decision as to whether there should be a delay in the quashing order taking effect.
[6] I am satisfied as a matter of the Court’s discretion that the effective date of the quashing order should be at the date of the preceding judgment, 20 September 2024. The 2021 Bylaw had been adopted after an extensive period of preparation and consultation and affairs in the District had been conducted on the basis the bylaw had come into force. From the date of the Court’s declaration it became a matter of public notice that the 2021 Bylaw was invalid. It is appropriate the effective date of the quashing order be that date, 20 September 2024. It is not appropriate that the effective date be postponed to a time after the bylaw was declared invalid.
1 New Zealand Motor Caravan Association Incorporated v Queenstown Lakes District Council [2024] NZHC 2729.
A future bylaw?
[7] Commendably, QLDC has notified the Court it has already commenced a programme of work to replace the 2021 Bylaw and anticipates a new bylaw will be presented to the Council for decision by mid-2025.
[8] I note in the context of the process that will now follow, NZMCA has recorded that it is not its position that freedom camping should be allowed without restriction throughout the District. The previous judgment clearly sets out the specific bases on which the NZMCA successfully sought judicial review of the 2021 Bylaw.
Costs
[9] As the parties have informed the Court that all issues in relation to the costs and disbursements of the proceeding have been resolved by agreement, there will be no order as to costs.
Orders
[10]I order:
(a)the Freedom Camping Bylaw 2021 is quashed with effect from 20 September 2024;
(b)there is no order as to the costs and disbursements of the proceeding.
Osborne J
Solicitors:
Gallaway Cook Allan, Dunedin Wynn Williams, Christchurch
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