Camping fines in Queenstown. Where is the law being enforced in New Zealand?

“Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law… The gatekeeper gives him a stool and allows him to sit down at the side in front of the gate. There he sits for days and years.” 

Before the Law. Franz Kafka.

What is Law Enforceability?

Examining the health of a democratic system involves looking at where the government concentrates its law enforcement efforts. This means identifying the crucial areas where the state allocates its resources to ensure compliance with laws and to prevent any potential legal gaps. 

The idea of law enforceability is flexible and depends on current circumstances. At specific times, certain aspects become more important than others. For instance, in response to the recent pandemic, law enforcement mainly focused on “health and technological measures” like mask mandates and vaccine verification, marking a historic legal shift. Similarly, during holidays, an increased presence of breathalyzer checkpoints demonstrates the government's dedication to enforcing alcohol limits prescribed by law.

With the current housing crisis in Queenstown and Central Otago, we wonder: Where are the government's efforts focused when it comes to enforcing the law? Sadly, the neoliberal baton has been wielded in Central Otago, as we've seen new camping regulations affecting homeless workers and a lack of interest in pursuing those individuals and corporations taking advantage of the current crisis to increase their profits.

The New Self-Contained Motor Vehicles Legislation Act 2023.

A few months ago, the Self-contained Motor Vehicles Legislation Act 2023 became law. Apart from increasing the penalties for violations of existing camping rules, this legislation introduces a new definition of self-contained motor vehicles. Additionally, the Act includes a specific exemption that reads:

“Impacts on people experiencing homelessness.”

“Freedom camping infringements cannot be applied to people experiencing homelessness. Council enforcement staff should refer these people to social support agencies when appropriate.”   The Self-contained Motor Vehicles Legislation Act 2023

As soon as this Act was released, Queenstown’s Mayor made a clear statement to support homeless workers by ensuring that they are not singled out or targeted. 

Camping fines.

Is that exemption working properly? What's happening with the camping fines in Queenstown? If you cannot access proper accommodation, can you sleep in you car on Freedom Camping zones in Queenstown? Unfortunately, months after the Act was released many homeless workers in Queenstown have been targeted and are currently contesting their fines. The Council does not currently have a record of how many cases there are, but these stories are being shared on social media and in newspapers. One of the stories collected by Crux shows the Council's explicit response to one of these cases: 'While we do understand you may have difficulty finding appropriate accommodation, this does not signify you are homeless. There are multiple other accommodation options within Queenstown.” Says the Council officer.

The case of James Truong, the “Queenstown Slumlord”.

In addition to this, the case of James Truong -known as the “Queenstown Slumlord”- has recently come to light after being uncovered by the news website Crux.

Shockingly, 30 people were found living in a 3-bedroom house, paying between $250 and $450 per week, under horrifying conditions that clearly violated basic human rights. So far, the abusive landlord has only received a "Notice to fix." Despite the Crux team's efforts to obtain more information regarding updates on this case, the response from the Ministry of Business, Innovation and Employment (MBIE), which is currently investigating the matter, has been: "No further updates at this stage. Our enforcement and legal teams will inform me when there are any, and I'll share them with you accordingly."

The neoliberal baton in new Zealand.

From here, we can ask: Why, in the middle of such a significant housing crisis, does the collection of camping fines seem so easy to enforce, while it's so difficult and bureaucratic for homeless workers to utilize the written law in their favor? New camping regulations are necessary to protect New Zealand's land, but why is it so simple to enact a new Self-contained MVL Act and yet so incredibly complicated for the Environment Court to establish new regulations for platforms like Airbnb? Why did James Truong only receive a 'notice to fix' after violating human rights? Why is there no willingness to implement an Empty Homes Tax to prevent land banking in New Zealand? 

The neoliberal system is gaining strength in New Zealand. The state appears to be utilized once again as a favorable tool for those who wish to present themselves as powerful business individuals and for large corporations. If the legal system continues to rule against the people suffering from a severe crisis, and if law enforcement is applied more rigorously to those in vulnerable positions, then fundamental democratic principles are at stake.

If New Zealand wants to continue presenting itself as a strong democratic country, there should be accountability regarding where the government’s law enforcement efforts are directed amidst the tremendous housing crisis that Queenstown and Central Otago are enduring.