In March 2021, the NZMCA instigated High Court proceedings in Invercargill challenging the council regarding its 2019 Freedom Camping bylaw stating the ban to camp at will in the council’s area was illegal.
The NZMCA alleged the council failed to provide areas where self-contained camper vans could go when it adopted its current bylaw in November 2019.
In a judgement released by Justice Rob Osborne last week, it says the proceeding was rendered pointless as a byproduct of the council’s decision to pursue and pass a replacement bylaw.
"That occurred on December, 16, 2021, when [the council] made its 2021 bylaw decision, nine months after the association commenced this proceeding in March."
The council then applied to the court seeking costs and disbursements after the NZMCA discontinued the judicial review proceeding, submitting that although the NZMCA had known since November 2020 the bylaw was likely to be replaced it still continued its challenge.
"As a result of that decision, the council was required to prepare a substantial volume of evidence that will no longer be relevant in any fresh litigation in relation to the new bylaw, beyond providing mere background," the decision said.
In response, the NZMCA submitted the outcome of the bylaw remained "fluid" throughout 2021 and it was not until December 2021 it knew for sure what the outcome would be.
Justice Osborne said the continuation of proceedings did not count against the association as an allocated court hearing date of February 2022 had already been set down had the 2019 bylaw remained in place.
"It would be unjust to require the association to pay [the council’s] costs and disbursements."
