Tauranga's City councillors are going to wait for the outcome of a court case against the Westland District Council before it commits to a freedom camping policy for the city.

Councillors yesterday voted to pass the council's Street Use and Public Places bylaw, leaving out the provisions around freedom camping to allow staff to re-evaluate the issue.

Freedom campers in Tauranga.

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 apart from: Memorial Park; Greerton Park; Fergusson Park; Manne Park; and Waikareao Foreshore Reserve.

The council also voted to keep its legal advice on the issue confidential, something councillors Murray Guy, Catherine Stewart and Rick Curach objected to.

Deputy CEO Christine Jones advised against making the advice public as it could expose council to some risk of legal action, and that the advice should remain confidential in order to reduce that risk.

It's cost more than $20,000 to get to this point, says corporate solicitor Joanne Gread and strategic planner Jane Barnett.

The Street Use and Public Places bylaw was updated to close the loophole allowing Steve Crow to ride the Boobs On Bikes parade up Devonport Road in 2011.

This was the same year the Freedom Camping Act was passed by Parliament, changing the laws around freedom camping in New Zealand in time for the 2011 Rugby World Cup.

The council was forced to review its freedom camping policy after the Mobile Caravan Association said during the consultation process that the proposed blanket bans are potentially illegal under the Freedom Camping Act.

At the council meeting yesterday it came out in discussion that there is not currently a problem with freedom camping in the city.

The biggest perceived issue is litter, but Customer and Environmental Services Group manager Peter Frawley is unable to confirm the rubbish is in fact produced by freedom campers.

Councillors decided to hold off on deciding on the city's freedom camping provisions until the outcome of the legal case against Westland District Council interpretation of the Freedom Camping Act by the NZ Motor Caravan Association.

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 the Freedom Camping Act has safeguards preventing councils using it as a blanket bylaw enabling them to fine anyone they choose.

The legal issue is, if freedom camping is restricted to five named reserves it can only issue tickets on those five named reserves. Any freedom campers elsewhere in the city including those who choose to sleep overnight in cars along Marine Parade in 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.

The law of the land states freedom camping is permitted unless it is restricted or prohibited in accordance with a bylaw under the FCA.

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.

Which also 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."