Analysis of Written Submissions on the Report Walking Access in the New Zealand Outdoors
4 Public Access Arrangements in Other Countries
Key points made in submissions
• There is widespread agreement that there is a need to preserve the attractiveness of New Zealand as a destination due to its unique access traditions and opportunities for outdoor recreation.
• Where public access arrangements in other countries are discussed, many references are made to the extensive walkway system in England as a successful model for public access.
• A few submitters state that little or no guidance should be taken from European access models as New Zealand has different cultural and societal traditions.
Background from the report
In contrast to the largely statute-based access arrangements in New Zealand, a markedly different approach to public access is found overseas. An influential factor in considering access arrangements in other countries is that the rights and traditions embodies in either formal rules or social conventions reflect the society in which they exist.
In Europe (including Scandinavia, Scotland and England), the arrangements have formed in a society that has well-established expectations for access across private land and has experienced only gradual change in farming systems. While the principles of respect and responsible access are an integral part of society, the systems are not without pressures, such as increasing urbanisation with little public land available for outdoor recreation. To this end, some countries have chosen to codify in statute the common law that governs public access. (Page 24)
4.1 New Zealand as a recreation destination
Most submitters are of the opinion that New Zealand needs to preserve its status as an attractive destination due to its unique access traditions and opportunities for outdoor recreation.
“There are some countries that have wonderful fishing and hunting opportunities, so long as you are willing to pay dearly for the privilege. I do not hear many of my fellow anglers or hikers talking about going to those countries to recreate. But they do talk about going to New Zealand because of the warm hospitality of your citizens, and the outstanding fishing and tramping possibilities and the easy access to those resources.”
“As an immigrant from Switzerland, I know how fortunate I am to enjoy New Zealand’s wonderful nature. One of the reasons I chose to live here was the opportunity to access the land with respect to the owner. To lose this freedom would be terrible.”
Some submitters refer to the restrictive characteristics of access in other countries such as Germany, the United States of America (USA) and even Australia to emphasise New Zealand’s access heritage and the need to protect it from commercialisation.
In the USA, several submitters state, waterways have gradually become a privatised resource. Problems have arisen from land being leased and access restricted by wealthy individuals and lodge owners turning land into “pay to recreate” areas rather than from landholders who want to restrict access per se to their land. A submitter notes that the fear of being sued is another hindrance to access to land in the USA.
“I have lived in the USA for four months each year for the past eight years and have witnessed wealthy Californians buying Montana ranches with trout streams and closing all access or charging exorbitant daily fees to fish.”
“During my 60 years of fishing I have seen the access situation here in the U.S. change dramatically, and not for the better. Access to many, and maybe I should say most, streams in the U.S. has been restricted by landholders […] wealthy individuals and lodge owners.”
4.2 Access arrangements in the United Kingdom
The extensive walkway system in the United Kingdom is perceived by many submitters on this chapter as a successful model for public access. A few submitters note that walking in England is a major recreational activity. Over time, common rights of way in England have become a system of well-maintained footpaths and bridleways. The network of rights of way is planned in consultation with recreationists and landholders and with attention to the lie of the land. Access is laid out along sensible routes.
“Many of our members have visited England and relished the walking opportunities afforded by its historic public footpath network. Here in New Zealand walkers seem to be restricted to walking along the sides of roads, or up wide riverbeds.”
“I agree with the 5 objectives put forward by the Reference Group but I believe that we do not have to re-invent the wheel as far as public access is concerned but draw upon the British “Public Rights of Way” system that has endured for a thousand years. We would need to just massage the British system to suit the New Zealand situation”.
One submitter notes that considerable rights of access to the countryside and enjoyment of the environment contribute to the maintenance of property values in rural England. Another submitter considers that the English model has a well-established expectation for access across private land but limits the right to defined routes and track areas, such as lake frontages, along rivers, to historic sites, lookouts, geological sites or other recognised features.
A few submitters suggest the Scottish Land Reform Act 2003 as guidance for foot access in New Zealand. These submitters consider that the system should be looked at for its safeguards, which address most access problems, rather than portraying the legislation as the “right to roam”. The Scottish Outdoor Access Code is based on a balance of rights of access and responsibilities and laid down by statute.
“How access could be strengthened: ‘[R]ight to roam or responsible access to all land similar to the Scottish/German/Norwegian models. This could be amended to suit different land uses by the code of conduct.”
“I note that the consultation paper dwells extensively on the strong influence of 19C Scottish legislators on the current situation. It is not surprising: Scotland still has a similar mix of urban areas, arable and pastoral farming, wilderness and forest, with similar demands from land owners, urban populations and tourists […] [I] would welcome similar legislation here.”
A submitter feels that many of the farm management reasons for closure of all access in New Zealand (e.g. lambing) do not appear to be as much of an issue overseas, where they occur successfully in areas of open access, although dogs and vehicles would be either under close control or excluded.
“Use of this legislation [Scottish Land Reform Act] would greatly enhance recreation and tourist opportunities without discriminating against any particular land owners, thus avoiding the problems of land ownership and Treaty issues.”
4.3 Little guidance from European models for access
A few submitters state that little or no guidance should be taken from European access models as New Zealand has different cultural and societal traditions which would not support the right to roam over a defined area. One submitter feels that unlike in England, the ability to purchase a rural property is within the reach of all New Zealanders, so more structured public walkways are not so necessary. A few submitters consider that while international examples are useful, an indigenous solution is required.
“The writers recently walked a few ‘public’ walkways across the English countryside. Quite obviously the historic context of ancient passage rights, population pressures and other more extensive private property rights (such as ownership of fishing rights) do not translate easily to the NZ situation.”
“The report emphasises the need to develop a strategy appropriate to New Zealand’s particular social, cultural and traditional conventions. Therefore, we are at a loss to understand the time and attention devoted to investigating access arrangements in predominantly European countries.”
A few submitters note that access arrangements in other countries are inappropriate models as farming is subsidised and, in effect, the public pays through contribution to subsidies for the right to rural public access.
“These subsidies allow more manpower per property to manage their farming business, the impact of public access, and associated responsibilities. New Zealand farmers however are one of the few farming communities in the world who stand alone without subsidies and run a true agribusiness without outside contributions. It would be unfair on them to apply overseas rules without the full package. Compare apples with apples not apples with pears.”
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
