Self-contained Motor Vehicles Legislation Bill

Kia ora. Thank you, Madam Speaker. I present a legislative statement on the Self-contained Motor Vehicles Legislation Bill.

ASSISTANT SPEAKER (Hon Jacqui Dean): That legislative statement is published under the authority of the House and can be found on the Parliament website.

I move, That the Self-contained Motor Vehicles Legislation Bill be now read a second time.

Madam Speaker, thank you for the opportunity to read this bill for the second time. This bill amends both the Freedom Camping Act 2011 and the Plumbers, Gasfitters, and Drainlayers Act 2006. The bill was introduced in August 2022 and referred to the Economic Development, Science and Innovation Committee for consideration.

Freedom camping is important to Aotearoa New Zealand for both our people and our visitors, with many freedom campers travelling widely to experience our wonderful te taiao and spend money in our communities. However, while the number of freedom campers has been steadily increasing over the last decade, so too have the negative environmental and social impacts. A particular concern is those who freedom camp in vehicles that do not contain fixed toilets and are disposing of human waste inappropriately, polluting our environment and angering our communities. [Interruption] I can say to the two members opposite interjecting that even their councils support the moves that we are making in this legislation, and I recommend to them to strap into their toilet seats as we flush out the people who are misbehaving in this space, and I encourage them to start seeing the light on this matter and support this bill.

Kaitiakitanga is a responsibility that we all have. Whether you’re an overseas visitor, whether you’re a Kiwi, whether you like exploring our backyard, or you’re on holiday, we must all respect the whenua and preserve it for future generations to enjoy. Concerns about irresponsible freedom campers were raised in the 2021 Parliamentary Commissioner for the Environment report, which noted the negative impact to our environment occurring under the current system. This followed years of calls for regulatory reform, particularly from local authorities and communities, and this Government has responded with this bill.

The bill will improve the management of vehicle-based freedom camping by creating a robust regulatory system that local government can rely on to reduce the negative effects of freedom camping. The bill ensures that vehicle certification is consistent and to a high standard, while giving a robust regulatory system that local government can rely on to reduce the negative effects of freedom camping. The certification is consistent and to a high standard, while giving local government more tools to address the specific issues to their regions. It will also give our communities confidence in our freedom camping system, and the bill supports our visitors in following the Tiaki Promise to protect nature, keep New Zealand clean, and show respect to others and the environment.

This bill does not stop people enjoying the activity of freedom camping, nor does it change the quintessential backcountry experience that no doubt many of us grew up with. It is about protecting our environment and improving things for our communities, and not preventing people from freedom camping.

I want to thank everybody who made a submission on this bill, especially those who took the time to speak to the Economic Development, Science and Innovation Committee in person. I also want to thank the members of the committee for their consideration of the bill, and can I, at this point in time, also thank the hard-working officials. Even before the select committee process, the Government had undertaken extensive consultation, receiving over 5,000 submissions in response to the discussion document that informed the bill. Throughout the preparation of the bill, officials worked closely with representatives from key freedom camping groups and local authorities. Their input has provided an important practical perspective in the development of this legislation.

The select committee heard from around 750 submitters, many of whom opposed the bill because it will require self-contained vehicles like freedom campers to have a fixed toilet. However, the views of this minority of less than 1 percent of self-contained vehicle owners should not be blown out of proportion, and Mr Mooney should listen up, because the councils in his electorate actually pushed for this legislation. I can tell him, on a recent visit, having visited one of the gems of tourism in his electorate, there were people freedom camping there, and that is an issue.

However, the Government has heard time and time again from local authorities, in some of those members’ electorates, and the communities that they represent, about the challenges they face as a result of freedom camping, citing the fact that human waste, litter, and other antisocial behaviour has been found in their regions, and, in fact, in some of the most beautiful places in this country. As such, we saw the majority of local authorities support the bill on behalf of their communities. They are the ones currently picking up the tab for irresponsible freedom campers.

Fixed toilets are a key aspect of building confidence in the freedom camping system and reducing the environmental impacts and costs caused by irresponsible freedom campers. It’s estimated that there are 73,000 self-contained vehicles in New Zealand, and the research shows that for domestic freedom campers, 85 percent of those already have a fixed or fitted toilet. Those who don’t and who are not able to fit one will still be able to stay at any of the hundreds of private or Department of Conservation campsites around the country.

Some have argued that portable toilets are sufficient, but the research shows that fixed toilets are approximately twice as likely to be used by freedom campers as portable toilets. For domestic freedom campers, over 98 percent of those with fixed toilets use them. The fixed toilet requirement is not designed to stop people from freedom camping, but rather ensure that it is done responsibly. Requiring fixed toilets will encourage increased usage and help reduce the improper disposal of waste, which currently incurs a cost borne by local communities to repair the harm done to the natural environment by irresponsible freedom campers. [Interruption] Well, I mean, if the other side doubts it, they can always ask Simeon Brown to get out in his gumboots with a shovel to fix it. It will also help to build trust in the regulatory system, as these toilets can’t be easily removed from their vehicles after certification.

Freedom camping has never been free, and it is often ratepayers and taxpayers footing the bill. The Government has already provided $90 million of funding for tourism-related infrastructure since 2017 through the Tourism Infrastructure Fund, and a further $24.5 million on freedom camping projects since 2018 through the Responsible Camping Fund. Despite this funding, our communities are still paying for the actions of a minority of those who behave irresponsibly. That is why we’ve chosen to take a regulation-based approach, along with providing funding for local authorities to implement the new system. It is time that the cost of freedom camping is shifted from our communities to those who choose to enjoy our beautiful environment in this way.

I understand there were concerns raised about the impact of the bill on homelessness. The intent of the bill is not to penalise those experiencing homelessness, and I will look to ensure the legislation reflects this intent. I have listened to feedback from submitters, the Regulations Review Committee, and recommendations from officials published in their departmental report. As the committee did not report back on the bill, I am intending to take forward a comprehensive Supplementary Order Paper at the committee of the whole House stage to improve the bill’s overall operation. Some of the changes I intend to progress through this Supplementary Order Paper include lowering the default infringement fee, amending the definition of a motor vehicle, and minor technical amendments to enhance the operation of bylaws.

In conclusion, let me commend this bill to the House. It implements urgently required reforms that will create confidence in the freedom camping system. We can no longer ignore the costs that irresponsible freedom campers impose on our environment and our communities. Now is the time to respond to the calls for change from local government and make these changes while our international visitor numbers start to build back. To do nothing will only lead to more concern, more pressure on our local communities and environment, and, sadly, a loss of social licence. In this vein, I commend this bill to the House.

The question is that the motion be agreed to.

Thank you very much, Madam Speaker. I rise to speak on the Self-contained Motor Vehicles Legislation Bill at the second reading. I’m sure that the Minister felt that that was a highlight of his career, as he spent nine minutes talking about toilets; but I now have a few minutes where I need to speak about the same subject. I do note that the previous Tourism Minister, the Hon Stuart Nash, said at the first reading of this bill that “The days of the dodgy vehicle are now numbered”—interesting words, and I think those words really articulate where this probably has gone wrong, because there’s been a focus on vehicles, rather than the behaviour of campers. National agrees that stronger regulations for freedom camping are needed, but the Government’s Self-contained Motor Vehicles Legislation Bill is too restrictive and pushes unreasonable costs on to Kiwis, forcing us to oppose the bill.

The requirement for vehicles to have a fixed toilet punishes the nearly 70,000 responsible New Zealanders who have suitable portable toilets in their vehicles and use them. Under this proposed law, a camper with a fixed toilet who doesn’t use it will not be breaking the law, but a camper who uses a non-fixed toilet will be subject to a fine; that should be reversed. National want to see all freedom campers treated equally and fairly by the Government. The Government had a chance to listen to New Zealand at the Economic Development, Science and Innovation Committee and make key changes, and, as the Minister noted, most of the submitters opposed the bill. Unfortunately, the Government didn’t make any changes, forcing National to oppose the bill. National was wanting to propose some sensible changes to make this a workable bill, and hoped the Government would support them; unfortunately, that did not happen.

So law-abiding, responsible Kiwis enjoying themselves and the outdoors will be punished potentially by this. So someone with a portable toilet could use it responsibly, while someone with a fixed toilet could decide not to use it—but only one of them would be breaking the law. I note that the Responsible Campers Association founder, Rob Osborne, told the committee that imposing fitted toilets and all this stuff isn’t going to guarantee people use them. How does having larger campervans meet the Government’s long-term goals of sustainability and becoming carbon-neutral and all that stuff as well? That was the question posed by Bob Osborne.

💬 Hon Mark Mitchell: Good question.

So I think that is a good question, Mr Mitchell, and one well-posed—and one not answered by this Government. I also note that it’s estimated that converting a van would cost somewhere between $1,200 and $5,000 now. To put that in context, we are in a cost of living crisis right now; there are ongoing supply chain issues and significant labour shortages. Firstly, how are people going to be able to afford this, and, secondly, be able to get the resources to actually install these into their campervans? It’s a real problem; and I note that the Minister made brief reference to people who are homeless, and, unfortunately, right now in Queenstown, there are people who are living in tents and vans and cars, and this bill is certainly not going to help them. So I suggest the Government is focused on the wrong thing here and is not looking at actually how to solve the real issue.

I note that it’s not just the 70,000 responsible New Zealanders who have suitable portable toilets in their vehicles—and use them—who will be punished by this bill. A large tourism company made a submission to the bill as well, and noted that they operate over a thousand motorhomes in the country. They’ll only have 18 months to transition to bring their whole fleet up to standard, and as motorhomes are relatively long-lived assets, they’ll need to retrofit them all. They have the resources to do that, but will still face those supply chain issues and labour shortages in retrofitting a significant number of the thousand-motorhome fleet. They did point out that others will struggle, however, because “This requires capital expenditure [that] for many operators, [has been] carefully managed following the effects of COVID-19”, and I really do not think the Government has turned their mind to this. So this is not only impacting the 70,000 responsible Kiwis who have suitable portable toilets in their vehicles and use them but it also will be punishing these companies who are just trying to trade their way out of the last, incredibly difficult, three years.

So, again, the Government has focused on vehicles as opposed to focusing on the behaviour of campers, and that’s where this has gone wrong, so we will be proposing changes to this bill at the committee of the whole House stage. I certainly hope that the Minister will support that and we can actually look at having a useable bill that is actually going to address the real issue. With that, I’ll say, regrettably, I cannot support this bill.

Can I just thank, first of all, the advisers of the House on all their work on this bill with us together. Can I just also thank our out-going chair as well, Jamie Strange, for shepherding the first half of this bill, and here we are at the second reading of the Self-contained Motor Vehicles Legislation Bill, better known as the freedom camping bill.

This bill, I think, has brought a lot of emotions to the select committee process, and you can probably see, here in the House here today. It is because I think being able to camp and enjoy the great outdoors in New Zealand always has been part of the Kiwi lifestyle. And I definitely know that when my friends and family come to Aotearoa New Zealand, they appreciate what nature has to offer to everyone.

That’s where I want to start my contribution tonight. The precise reason why we have this bill in this House today is that we need to protect New Zealand’s nature. We trade on the international stage as 100% Pure New Zealand. By having that branding, we actually need to do the work behind it. It’s not enough just to say that as a slogan all across the world and not actually deliver the goods of a clean, green New Zealand. This is the bill where we have to make sure that everyone who comes to our country—including those who live in our country—and enjoys freedom camping, does so responsibly.

I still remember during the select committee process, vividly, where lots and lots of submitters had actually made their submissions via audiovisual link from their own campervan. Probably one of the most interesting things was seeing the different size, the different styles, and the different settings they had, and just them being absolutely proud of their own motor vehicles. Then I realised, as those who opposed the bill started saying that this is their right—you know, they wanted to be able to keep enjoying that freedom—and as we started to push back and say that, “Well, so where are you calling us from at the moment?”, they said, “Well I’m on council land right now.” I said, “Well, is there a toilet there?” They said, “Yes.” “Is there a shower facility?” “Yes.” “Are there cooking facilities?” “Yes.” Then I said back to them, “Well, you are not going to get affected by this bill.”

So I have been concerned by the amount of information out there that is not actually correct. This bill actually only regulates those places that have no shower and no toilet facilities. Actually, the majority of New Zealand campers—in fact, the majority of all the submitters who actually submitted to us—they’re not technically freedom campers in terms of the way that we want to actually legislate in this bill. They might be parked on the driveways of their relatives and their friends, they might be in a caravan park—those still will not be affected by this bill.

I just want to use the last few minutes of my speech to talk about the issue of homelessness. That was actually one of the issues that the Economic Development, Science and Innovation Committee had grappled with over and over again, and also with a lot of contribution from our colleagues from the Green Party as well. So I think we’re at this point where we want to make sure that the local authorities have discretion over who they prosecute and to make sure that they have the responsibility to check that the person who’s in the vehicle at that time—that they’re not just there because they’re homeless—so to be able to have regard for that community and to look after all of the New Zealanders who needs a home and a place to live as well.

So this is a bill that I think has come at the right time—as New Zealand opens up our doors to the rest of the world, as tourism starts to come back to our shores. We really need to deliver the goods. We need to make sure that we keep up our reputation and that everyone who comes to our shores really has the responsibility of keeping this piece of land clean and green. So, therefore, I commend this bill to the House.

Members, the debate is interrupted and set down for resumption next sitting day. This House stands adjourned until 2 p.m. tomorrow. Good evening.

Debate interrupted.

The House adjourned at 9.57 p.m.