Analysis of Written Submissions on the Report Walking Access in the New Zealand Outdoors
12 Towards a New Zealand Access Strategy
Key points made in submissions
• Submitters who directly support the strategy outlined in this Chapter make several additional suggestions for the content of an access strategy.
• The large number of submitters who did not respond to this Chapter indicate their support for the five objectives and for the general principle of public access.
• Of the submitters who directly addressed the question of whether an access strategy is necessary, most do not consider that a strategy as proposed by the report is essential. They prefer local case-by-case solutions or believe that current access processes are working well.
• Many of those submitters who do not support an access strategy in its entirety support components of it and their responses are covered in other chapters.
Background from the report
The Group supports the development of a New Zealand access strategy. The Group believes that such a strategy is essential if traditional social conventions and the expectations of tangata whenua and the public for access to public land and along the margins of rivers, lakes, the coast, mountains and forest, are to be maintained. This report could be the basis for such a strategy.
The strategy would have five objectives:
- strengthening leadership;
- improving certainty;
- embracing the Queen’s Chain ethos;
- encouraging negotiated solutions; and
- improving current legislation. (Page 98)
12.1 Support for an access strategy
The proposed access strategy is directly supported by some submitters who feel that the five objectives cover all requirements of access in the New Zealand outdoors. Submitters who have a vision for access consider that access should be made available for everyone, on most occasions, both now and in the future. Some submitters wish to incorporate the private rights of landholders with the public desire to recreate in the outdoors. Some submitters state that an access strategy would recognise the importance that New Zealanders have traditionally accorded culture and recreation based on the outdoors, whether it be in the mountains, countryside, on rivers and lakes or the coastline.
“The […] Council strongly supports the proposal to prepare a New Zealand Access Strategy, which it sees as being necessary to adopt a more strategic and effective approach to public access to the outdoors.”
“We fully agree with the need for a New Zealand Access Strategy. We believe it should address the following:
1. Implementation of national and regional structures to advocate for public access, and to identify, negotiate and resolve walking access issues.
2. Allowing for the easily-accessible dissemination of information on legal access to the public.”
“The access strategy should incorporate the 5 objectives as outlined in the Land Access Report. Matters that should be addressed in the strategy include but are not limited to
• Removal of liabilities and responsibilities of landholders for the actions of users
• Prioritising of access negotiations to ensure maximum access to great areas of greatest importance to allow best use of resources allocated
• Provision of public information
• Mediation facilities”.
Many of these submitters support a well-balanced access strategy that makes concessions to the requirements of both landholders and users and land users, and see merit in a co-ordinated approach with local involvement.
Submitters, mainly users, perceive a strategy that provides for high quality access (HQA) involving:
• free, fair and reasonable access
• certainty of information on location and type of access
• access along waterways that is a right, but not the right to roam, with any restrictions being well-understood
• access open to both individuals and organised groups
• enduring access
• specified standards at a national level but flexibility at regional levels
• respect for private property rights (includes a code of conduct)
• clarification of legislation pertaining to access.
12.2 Support for the five objectives
Support for the five objectives and for the general principle of public access is given by a large number of submitters who did not directly respond to this chapter. Chapter 10 covers many of these responses in greater detail.
12.3 Need for an access strategy
The question of whether an access strategy is necessary was answered by only a third of submitters, mainly landholders. Of those who responded, over half do not consider that a strategy as proposed by the report was necessary. Most do not give a reason why they do not support a strategy. Some landholder submitters state that there is not enough evidence of an access problem and a lack of proof that there will be greater loss of access in the future, therefore they consider that a strategy would be inappropriate. A few feel that a strategy would give the access issue a higher profile than they perceive that it needs.
I do not believe a New Zealand Access Strategy is required. I have not seen any compelling evidence that the NZ public are crying out for this. Advocates of a law change on this issue claim that access to NZ’s outdoors is part of the NZ psyche but I believe property rights are even more entrenched in the NZ psyche and that most New Zealanders would find it disturbing that we are contemplating interfering with current property rights.”
“We do not believe an access strategy is required. There are millions of acres of public estate lands. There is extensive existing legal access to them via legal and paper roads, marginal strips and, in some areas, the Queen’s Chain. What is required is the means for the public to be made aware of these existing accesses.”
12.4 Alternative suggestions for an access strategy
Some submitters who do not advocate an access strategy indicate that access arrangements should be found locally and be based on case-by-case solutions. Several submitters state that there are already community, farming and recreational groups that currently undertake leadership roles negotiating access. Most of the submitters on this point assert that existing access arrangements are working well and allow landholders to apply necessary restraints. Under the Local Government Act, a submitter notes, councils are required to work with communities and agree on outcomes. If a community decided to cut funding to walkways, the strategy could not override that.
“The submitter’s view is that there is already an access strategy which is well understood in terms of land subdivision and other resource consent processes. It is enhanced by land acquisition by local and regional councils. If more land and better access is required then it should be obtained through those processes so the burden falls fairly on all New Zealanders.”
“We have DOC, Fish & Game, district and regional councils, that can [have] a [role] in access strategy.”
12.5 Support for aspects of an access strategy
Many submitters who do not support an access strategy in its entirety support components of it and their responses are covered in other chapters. Some submitters make recommendations on the proposed objectives should an access strategy proceed.
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
