Discussion on Property Rights
Landowners and landowner organisations perceive that greater provision of access on private property will result in the loss or erosion of property rights. These participants state that property is important, sacrosanct and underpins Western societies.
This perception is frequently related to the term of reference regarding `access onto private rural land to better facilitate public access to and enjoyment of New Zealand's natural environment'. Landowner participants believe that the report will alter property rights by removing a right to decide who may access the landowner's property. The majority of landowner participants want the right to say `no', although many are favourably disposed to granting access subject to conditions and/or a right of refusal. Some participants would like no change at all and retention of the status quo.
Landowner participants are also concerned that:
- There is no sympathy by urban people for rural landowners or consideration of their rights.
- Increasing rights of access may affect people who have purchased coastal land to maintain their privacy.
- Property rights will be devalued as access increases.
- Any increase in public rights must be accompanied by protection of private rights.
- There is a Maori and a European idea of what property rights are, yet it seems that one section is imposing its will on the others.
Some user organisations and individual participants consider that public access would not adversely impact on property rights, therefore no loss would occur. Recreational users state that they are interested in gaining access to a location or point and are not interested in restricting or removing property rights. Fishers, in particular, emphasise their belief that it is a flawed argument that landowners will lose their property rights, as water and fisheries do not attach to the title of the land. It is about a balance between access and property rights.
Contact for Enquiries
Rural Affairs Coordinator
Sector Performance Policy
MAF Policy
Ministry of Agriculture and Forestry
PO Box 2526
Wellington
NEW ZEALAND
Phone: +64 4 894 0675
Fax: +64 4 4 894 0745
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