Napier City Council hit the national news by fining Whangarei’s Ross Salter $200 for “freedom camping”. It is a trivial story, but it shows the endemic problems we face with councils across the country.
Salter had driven 600km to pick up a newly-purchased second-hand caravan, and rightly decided to rest up before the long journey home. He picked a safe spot and went to sleep in the caravan.
Next morning, he found a ticket on his car, written at 3.39 am. Local rates are paying for some creep to snoop around caravans in the middle of the night to check if someone is inside. This person must have spied through the window or listened carefully at the door in order to issue the fine, as merely parking a caravan is not illegal. Disgusting. Is being a pervert part of the job description or an extra perk?
The ticket referred Salter to the council website for rules about freedom camping and details on the bylaw. In typical council fashion, it clearly states the punishment but omits important information about people’s rights.
There was no mention that the Freedom Camping Act 2011 specifically excludes people sleeping at the roadside to avoid driver fatigue.
I spotted the article in the Herald and contacted Salter. He was unaware of the Act and now intends to fight the ticket. I think the journalist questioned the logic of picking on freedom campers in a tourist city hammered by COVID. It’s not like there is an overcrowding issue at the moment so any visitors should be welcome. The journalist had contacted the council to ask for a bit of compassion, instead getting the usual “we don’t give a sh*t” response of “he has the ability to appeal the notice through the courts”, knowing that will cost far more than $200. I hope the reason why the Herald decided to run it nationwide is to push back against this attitude.
It may cost Salter more than $200 in time, but it will cost the council a lot more, and they don’t have a legal leg to stand on. The Public Transport Act defines a road as “anywhere that may be accessed by the public, whether by right or not.” Therefore, wherever he parked is a “roadside”. It is up to the council to prove Salter was at fault, and his mere presence is not enough. The fact that the council staff did not immediately withdraw the ticket when Salter explained his position should not be excused as just incompetence. It is deliberate. It is typical of councils and their attitude towards us, the public, and we must not tolerate it.
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