Isabell Zitzelsberger and Sascha Haag thought they were being responsible drivers when they stopped to rest during their journey. The local council didn't agree.

A couple are taking issue with a fine for freedom camping, saying they were being responsible drivers by resting when tired.

Isabell Zitzelsberger, 30, and her partner Sascha Haag, 29, were driving from Tauranga to Port Jackson in the Coromandel on Waitangi Day, February 6.

They started driving in the evening, but soon found it was slow progress owing to heavy traffic and bad weather. When they reached Coromandel Town they pulled over to have a break, as per recommendations from the New Zealand Transport Agency.

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"The road ahead is particularly windy and the conditions were dangerous and we did not feel safe to continue without rest," Zitzelsberger said. She said they tried to find accommodation, but there were no vacancies.

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They were parked from about midnight to 7am. Just 10 minutes before their alarm was due to go, they were woken by a rap on the window from an officer from the Thames-Coromandel District Council.

"He informed us that he was issuing us a ticket for $200 for freedom camping," Zitzelsberger said. "We were shocked as we believed we were following the recommendation of NZTA to pull over and rest if feeling fatigued."

After explaining the circumstances to the Council, they were told: "Following a review of the infringement it has been determined that the notice will not be cancelled as you were parked in a prohibited area. Planning your journey with regular stops and time frames for arrival at destinations is very important for safety reasons and also securing accommodation when necessary. Roads, areas, towns and TCDC reserves do not allow camping unless in specified freedom camping sites that are clearly specified by signage that it is permissible to do so."

Zitzelsberger and Haag said they are left wondering: "Where the line is between freedom camping and those signs on the road saying pull over and have a nap?"

Originally from Germany, they have been living in New Zealand for four years and consider it their "second home".

"I know New Zealand has issues with freedom camping. It's terrible when you go to a beautiful place and see rubbish lying around... I hate this as well," Zitzelsberger said.

"Sascha was driving. He didn't feel comfortable driving all the way to Port Jackson. He was really, really tired. We didn't want to take the risk and continue driving.

"I can't understand why they [the Council] are so hard on us."

TCDC Chief Executive David Hammond said drivers needed to take responsibility for planning their trip to make sure they have enough time to reach their destination safely. If there's not enough time, they should arrange accommodation, he said.

In this case, the couple slept overnight in an area set aside for the parking of "certified self-contained vehicles".

"They were clearly sleeping as opposed to taking a rest break and stayed overnight in excess of six hours.

"The next morning at 7:09am they were woken by a compliance officer who noted that they were clearly intending to camp within an area that is set aside for freedom camping. They were seen sleeping in the vehicle and it was not certified as self-contained.

"We support NZTA's advice that drivers should take rest breaks when they're feeling sleepy. NZTA recommends a power nap of 15-20 minutes but no longer than 40 minutes because you may end up feeling groggy and disorientated."

The couple had said they had an option of taking the matter to a hearing, which would be held in Thames.

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