Ratepayer objections to provisions of Tauranga City Council's freedom camping bylaw have failed against the law of the land.

Those opposing freedom camping were defeated six to four by council yesterday with Mayor Stuart Crosby not taking part in the discussion or vote, because of his own conflict of interest – the family run Papamoa Beach Holiday Park.

Council did decide on a partial ban stopping freedom campers from parking up at the eastern end of Mount Maunganui's Marine Parade during the peak summer period from December 1 to February 8.

Parks near sports grounds have freedom camping limited from Sunday until Thursday, to keep the car parking clear for Saturday sports.

Most submitter's objections to the council's proposed freedom camping bylaw have been discarded by councillors because the objections do not count against the Freedom Camping Act.

The act basically says freedom camping is allowed - unless it can be objected to on a few specific criteria, and where evidence is provided.

As councillors pointed out during deliberations, they are reacting to a law created by central government.

Mount Maunganui ward councillors Wayne Moultrie and David Stewart unsuccessfully pushed for a total ban.

Wayne was passionately opposed to freedom camping being permitted anywhere along Marine Parade due to 'littering, defecation and fornication,” from the public, all of which he says he's seen himself during times he has lived there.

David spoke at length in favour of banning freedom camping completely from Marine Parade, and referred to the 120 submissions the council received opposing the freedom camping bylaw, most of them from Marine Parade residents.

'Local people who live in the area and who know what's going on,” says David.

The council has to listen to what people are telling them, says David. He paints a picture of the Marine Parade foreshore 'the jewel in the crown” being overwhelmed with freedom campers once the door is opened.

Strategy and Policy committee chairman David Stewart's right to speak was challenged by Bill Grainger, accusing the Marine Parade resident of having a conflict of interest.

David says he lives on western Marine Parade and not the stretch east of Banks Avenue under question.

If the council doesn't have a freedom camping bylaw, then freedom camping will be allowed anywhere on council land except land under the Reserves Act and traffic regulations.

The Council cannot forbid freedom camping in its district. The Freedom Camping Act 2011 states freedom camping can be banned under a council bylaw for only three reasons; to protect an area, to protect the health and safety of people who visit an area, to protect access to an area.

The Freedom Camping Act sets a fairly high test for making freedom camping bylaws. The local authority will need to have clear evidence about the types of problems that are occurring in an area.

For example, in relation to protecting a local authority area how many complaints have been made to the council about vandalism of an area? Have Council officers observed any vandalism? Is it likely that vandalism occurred as a result of freedom camping?

It's the same work-through with damage, litter and amenity values. Before making a bylaw prohibiting freedom camping, the council is advised to have evidence of complaints of damage, vandalism, etc, in any particular area, and proof that freedom campers are actually responsible, instead of just taking the blame.

The other issue preventing bans on freedom campers is, as Murray Guy points out, people in self-contained camper vans are legally permitted to park practically anywhere for 24 hours a day along Marine Parade.

The law even say they can sleep in their vans, if they say they are a fatigued driver catching up on sleep. It is a legal defence against the city council's $200 ticket.

With the debate over Marine Parade completed the rest of the freedom camping deliberations went smoothly, with the rest of the bylaw following the draft.