Proposals for Land Access
Waterways
The Queen's Chain
Many submitters who outline proposals to address the issue of land access refer to the Queen's Chain. New Zealanders perceive the Queen's Chain to be of historic importance, and cite Queen Victoria's instruction in 1840 to Governor Hobson to "set aside for recreation and amusement on the sea coast and in the neighbourhood of navigable streams" a chain-wide strip. There is an obvious desire by submitters to extend the Queen's Chain for ease of public access. This desire is reflected in the following proposals:
- the ownership of riverbeds could be confirmed as Crown ownership in perpetuity;
- the Queen's Chain could be provided and legislated for along waterways of public interest or extended to all rivers and streams of a certain size;
- the Queen's Chain could extend to all beaches and rivers;
- the Queen's Chain could form one chain from the banks of the streambed, at no cost to the Crown;
- future dedications need not be tied to the surveyed position, but instead follow the principle of marginal strips; and
- the moveability provision of newer marginal strips could be transferred to other riparian reserve mechanisms such as esplanade reserves.
Marginal Strips and Marine Reserves
Submitters seek to maintain a balance between reasonable public access and private property rights. Submitters suggest the use of both marginal strips and marine reserves to allocate public accessways, without unnecessarily removing landowners' rights. Proposals include:
- access should focus on riparian margins of foreshores and rivers above a certain width as they are best for locating public access and are not intrusive on private use;
- in every instance, the ownership of marginal strips and riverbeds should be clarified and considered on a case by case basis;
- the concept of moveable strips could be added to by deeming marginal strips on waterways greater than 3 metres in width, and around the margin of lakes larger than 8 hectares;
- where public access is not available, a chain-wide strip of land should be retained for access on both sides of a river;
- walking tracks could be marked or 6 metre water edge accessways alongside waterways could be provided on private land;
- alternatively, areas of land should be made into marine reserves or a land corridor, such as a park beside rivers, if the public is unable to gain access; and
- a submitter presents the view that marginal strips should be imposed only where it is necessary to secure public access, by taking land into public ownership. Existing strip and esplanade mechanisms are sufficient but need to be made more workable.
Institutional
Access Legislation
It is apparent that submitters feel that there is a need to clarify the law relating to public access, the Queen's Chain and riparian rights, as well as to protect existing access legislation (e.g. access through private land to the freshwater sports fishery). Legal public accessways could be endowed to sites of historical access. Submitters focus on amending the following legislation:
- the Trespass Act: "Repeal the provisions of the Trespass Act whereby ordinary trespass on open land can, without any damage occurring, become a criminal offence" and deny reasonable access for non-commercial recreational activity that does not conflict with primary land use;
- the Wildlife Act 1953: Amend this Act to extend the prohibition of the sale of rights to include deerstalking, seafishing, tramping, and mountaineering, thus encompass the retention of public ownership of game animals;
- the Resource Management Act 1991 and the Local Government Act 2002: Revise these Acts to restore a whole property focus for access when any subdivision occurs and for the administration of public roads to become a mandatory function of local government. This includes an infringement offence for the blocking and restricting of public road use; and
- the Health and Safety in Employment Act 1992: Clarification and simplification of landowners' health and safety responsibilities.
Centralised Control of Access
It is suggested by submitters that centralised control of access could be a way to fairly protect both public and landowner rights. A central location can provide legislation and information to relieve landowners and lessees of legal liability when public access is provided. Infrastructure through appropriate government departments could ensure reasonable access, clear ownership and accountability to maintain access and providing remedies for abuse of access. A proactive government approach could recognise the value of allocating funds to purchase and encourage public access. Submitters suggest the possibility of reactivating the Walkways Commission or developing an Access Commission to deal with all matters relating to public access, with more input by district councils, or the formation of a state agency to negotiate for access rights over existing roads. Such an agency should facilitate public access to resources with sufficient power and authority to resolve situations where access does not exist.
The Department of Conservation
It is suggested that a public right of way could be gained through a DOC initiative including conditions of access and compensation for access. A DOC initiative could involve:
- A programme of access signage, informal access agreements with landowners, advice to anglers and hunters and clear identification of access points;
- An Internet database of access offenders to be listed and updated;
- An increase in the DOC budget for basic camping facilities and areas to ensure that permitted small campsites can be maintained;
- The maintenance of tracks;
- The reclassification of bikes as non-motorised vehicles in DOC's general policy on recreation as the environmental impacts of bikes is less than motorised vehicles; and
- The ability of farmers to make commercial businesses out of access and be funded for the upkeep of tracks, as DOC can charge tour guides.
General
Education
There is currently a lack of understanding about access rights, privileges and responsibilities. Submitters recommend an education programme to teach the general public about access rights. Education would focus on conduct protocols, property rights and the need for permission to access private land. Public education could also extend to the responsibilities and problems faced by farmers. It is believed that improved education and management should eventually lead to the minimising of further modification and degradation of the environment by a more informed public.
Information
Related to the proposal of education on public access is the need for greater information on access. Information gaps regarding access can be filled with a more co-ordinated approach taken on how this information is disseminated. Co-ordinated public access information could include:
- the clarification and identification of public access to paper roads to protect public rights;
- Publicly available maps to show the boundaries of land in the conservation estate and areas allowing vehicular access;
- the installation of informative notice boards by local authorities indicating legally accessible areas. This will result in the improved knowledge of visitors;
- signage and clear identification of unformed roads to allow access across private land; and
- consultation with landowners to create new accessways with best management practices in mind.
Codes of Access
Various submitters suggest that a code of conduct should be developed and disseminated. Both landowners and recreationalists can be educated about the code. Such a code would provide a baseline for the sort of behaviour that landowners could reasonably expect on their property and a guide for the public as to what is acceptable and expected. Any code adopted should not be used to compel landowners to provide access.
Continued education in schools about responsible access can include the promotion of environmental care codes, a water code and if developed, a right of way code to minimise visitor impact to areas. A submitter suggests that a code of behaviour for access be established, especially where the transportation and use of guns and dogs is an integral part of accessing a public resource.
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
