Access onto Private Rural Land to Better Facilitate Public Access to and Enjoyment of New Zealand's Natural Environment
Most submitters who mention the "right to roam" or "wander at will" theory of public access, feel that it is a radical solution to the question of public access onto private land, to better facilitate public access to and the enjoyment of New Zealand's natural environment. Several submitters clearly state that there should be a right to roam. Reasons for supporting the right to roam include:
- submitters concerned to protect the quality of outdoor experiences for all New Zealanders, including those who are currently under-represented in outdoor recreation, such as people with disabilities or on low incomes;
- low income families cannot afford to visit expensive holiday locations, but now finding that they are denied access to affordable outdoor recreational opportunities due to of private development and restrictive local body rules;
- submitters state that there have been reforms in France, Switzerland and Italy to provide access; and
- in the United Kingdom (UK), right to roam legislation was implemented in addition to `permissive' paths and a large number of long distance footpaths.
Suggestions for facilitating a right to roam approach included:
- a gradually increased opportunity to wander at will could be accompanied by the promotion of a responsible attitude on the part of public wanderers;
- the right to roam policy could be initially for Crown land or the high country and assessed for its workability on private land; and
- the right to roam could require a small access payment, although an acceptance of the right to roam on extensive pastureland may be many years away.
Reasons for not supporting the right to roam include:
- that the phrases "wander at will" and the "right to roam" are unhelpful, as they increase the fear of landowners that the public will be entitled to treat any private space or sites as their own. These terms need sensible qualification before they can enter the access debate;
- the inequality of a right to roam perception applying only to private rural land (as mentioned in the terms of reference), which reduces rural property rights without regard to urban property;
- while submitters accept public access to Crown land, waterways and the sea as part of the original tenets of the Queen's Chain, they do not see any public demand or need for the right to roam;
- that it would be irresponsible to support this right as it can destroy goodwill between the landowner and the public and raises questions of health and safety, security and privacy;
- submitters concede that there is more excuse for the right to roam policy in the UK where there is overcrowding;
- that the precedents for right to roam set in Britain for hunters and fishers, is the only practical way of pursuing their sport in many remote valleys, but seldom would this be over private land;
- this policy could not be realistically achieved in New Zealand as it has taken so long to implement in the UK and involves different rights of access to those required in New Zealand; and
- other access issues need to be addressed or resolved before giving consideration to the right to roam.
Some submitters who support the right to roam mention the Swedish concept of "Everyman's Right". This policy is current in some DOC-owned parks, such as Wharariki Farm Park, and over the undeveloped parts of the high country stations given to Ngai Tahu. In the case of Wharariki Farm Park, there have been few adverse effects. "Everyman's Right" involves the right of access over all lands, including those privately owned and small access restrictions such as the public maintaining a certain distance from the house. If Everyman's Right were adopted in New Zealand, it is expected by a submitter that although adaptation to the system would require some time, it would gain acceptance by landowners.
Contact for Enquiries
Mark Neeson
Manager, Land and Water Policy
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Phone: +64 894 0703
Fax: +64 4 894 0745
