General policy statement
The New Zealand Bill of Rights Act 1990 guarantees citizens the right to “seek, receive, and impart information and opinions of any kind in any form”
and the right to “freedom of peaceful assembly”
. These rights can only be limited if doing so is “demonstrably justified in a free and democratic society”
. The exercise of these rights by protestors who erect structures and tents on council administered land has been seen by some councils as akin to camping, which may prohibit the freedom of others to access the affected areas and present a health hazard, and the councils have resolved that this is not permitted behaviour through bylaw.
The subsequent removal of tents and structures by council enforcement officers or local authority agents can be passively, but wilfully obstructed causing a stand-off between council, enforcement agencies, and protesters, in some cases for lengthy periods of time. This exacerbates the potential health hazards, results in damage to property, and further restricts public use of and access to the affected land.
This Bill seeks to better balance the rights of councils to protect their property from being interfered with and ensure that communities have freedom of access to land that councils are responsible for administering, while ensuring the rights of members of the public to express their opinions in the form of protests and demonstrations on such land.
This Bill clarifies the law to ensure that persons who obstruct council enforcement officers or local authority agents from performing their duties, or fail to give true and sufficiently particular details when required by the Bill, are liable to be arrested without a warrant. This Bill also widens the scope in which an enforcement officer may remove and seize property.