Council policy on freedom camping around Tauranga will be back on the table this afternoon when councillors attend a Strategy and Policy Committee meeting.

Tauranga City Council was forced for review its blanket ban policy after the Mobile Caravan Association informed them it was illegal under the Freedom Camping Act last year.

Tauranga City Councillor Murray Guy with a group of freedom campers.

The Council has since obtained legal advice, some of which remains confidential.

Whether a decision is made today remains uncertain. The staff supplied motions for the agenda provide bail-out, and more delay decision making options.

The heart of the issue is the relationship between the Reserves Act 1977 and the more recent Freedom Camping Act 2011.

Under the older Reserves Act the council can prosecute offenders, which is an uncertain, time consuming and expensive process.

Under the Freedom Camping Act offenders can be ticketed and fined but includes safeguards preventing councils using it as a blanket bylaw enabling them to fine anybody they choose – which is where Tauranga City Council comes unstuck.

In the city's draft Street Use and Public Places Bylaw 2012, there is a blanket ban on freedom camping in all parks and reserves in the district excluding Memorial Park; Greerton Park; Fergusson Park; Manne Park; and Waikareao Foreshore Reserve.

The basis of the legal issue relates to whether or not if freedom camping is restricted to five named street reserves tickets can only be issued on those reserves.

Any freedom campers elsewhere in the city, including any people who choose to sleep overnight in cars along Marine Parade during summer, cannot be given a $200 ticket because their freedom camping comes under the Reserves Act. They have to be prosecuted.

The council's approach also appears contrary to the Freedom Camping Act, which states camping can be prohibited or restricted if it is necessary, to protect the area; to protect the health and safety of people who visit the area; to protect access to the area.

The law of the land states freedom camping is permitted unless it is restricted or prohibited in accordance with a bylaw under the FCA. The Council's approach is entirely the opposite, banning freedom camping everywhere, except where it is expressly permitted.

Until it's resolved the council is relying on the Street Use and Public Places Bylaw 2005, which states that no person shall use any vehicle for the purpose of living accommodation on any portion of any public place, except where campervans and motor homes are permitted.

This appears to go against Section 12 of the FCA which states a local authority "may not make bylaws under [the Act] that have the effect of prohibiting freedom camping in all the local authority areas in the district."

Also in today's meeting the council will revisit its mobile shops policy. The council changed the time limit from 30 to 60 minutes in high foot traffic areas.

Because there were time limit issues, retailers were permitted to trade all day on Marine Parade to Grace Avenue, but now other Mount Maunganui retailers are complaining.

And in another piece of ad-hoc rule changing, staff are seeking council permission to change internal rules to allow them to carry out decisions made by the politicians at the first meeting of the year on January 31.

Councillors voted to make ratepayers pay for two bad financial investments, the Te Tumu land purchase, and Route K.

Neither is performing to financial expectations. The debt on the Te Tumu land purchase of 170ha is forecast to be $14 million by the end of the 2013/14 financial year. Interest is forecast to be $837,000 for the same year.

By the end of the 2014 year the loan is forecast to be 15.9 million, and the interest is expected to be about $1 million. The council paid $10 million towards the purchase in 2007. The land is now worth considerably less than it owes.

The Te Tumu land is ‘strategic property', which is separate from the rest of the council property management portfolio. But now it's lumped in with the rest of the council property, income from other properties can be used to offset some of the interest bill.

The decision to create a debt retirement charge of 4 per cent relating to the debt related to the Te Tumu land purchase is not covered in existing council policy because there is no provision for debt retirement funding within the Strategic Property activity.