1 - Introduction
"Kia horo te marino,
kia whakapapa pounamu te moana,
kia tere te rohirohi i mua to huarahi."
"May peace be widespread, may the sea glisten like greenstone, and may the shimmer of light guide you on your way."
Background
The principles, values and concepts established by our Maori and Pakeha forebears continue to shape a uniquely New Zealand identity. Maori concepts involving land, water and resources have a particular set of values and concepts that are bound in whakapapa (genealogy) and customs relating to place, resources and tradition. This gives rise to the term "tangata whenua" or those who hold the customary rights to a given place and its natural resources. It is not a general right that is shared with those of a non-descent line without the express permission of the tangata whenua of the "place".
For Pakeha, enjoying New Zealand's unique environment has been a special privilege from the day the first explorer stepped ashore.
Maori and Pakeha share some commonalities, albeit from different cultural contexts, regarding respect for, and a sense of belonging to, land and waters. Access to food and other resources required to sustain a range of customary practices was a fundamental requirement for whanau, hapu and iwi in pre-contact period. The cultural framework for managing access, use and management of land and resources underpins the status of tangata whenua now as it did in the past. Access, use and management of a range of sites, places and resources is an important element of retaining customary practices, resource use and transmitting knowledge from generation to generation.
Access to these resources is essential for gathering kai moana and for foot-based recreation (walking, tramping, fishing). It is also important for reinforcing our spiritual, intellectual, economic and social attachments with them. Understanding the forces and linkages that have shaped this nation's identity is central to the debate about access.
Active participation in outdoor recreation brings personal, community, economic and environmental benefits. Many New Zealanders believe that their opportunity to freely visit these areas is synonymous with being a New Zealander. New Zealanders view themselves as a free, rugged, independent outdoors people. The annual migration in the summer to the beaches, lakes, rivers, bush and mountains reflects this culture. The outdoors provide opportunities to explore new places, and experience solitude, challenge, adventure and new perspectives on space and time. It is this image that is celebrated and promoted around the world, helping to create a thriving tourist industry.
This investigation into the demand for walking access to water margins and the outdoors for Maori customary use, recreation and leisure originated in a paper written in 1996 by the Hon Jim Sutton, Minister for Rural Affairs. The Minister expressed serious concerns that significant future problems might arise if action was not taken to clarify and enhance access rights. At its core, he believed that New Zealand rules on access "are built on foundations of sand".
In the intervening period, other developments brought wider public attention and focus on access, for example public concern about reported restrictions on access to land in the South Island high country arising from the sale of land to overseas investors (The Listener, 2 March 2002).
The Government considered a report from the Hon Jim Sutton in March 2002. A more detailed paper was considered in September 2002, in which a conceptual framework was advanced for taking into account the issues relating to access and which proposed that a reference group be established. This framework is discussed in more detail in Chapter 2.
A Land Access Ministerial Reference Group (the Group) was formed in January 2003 to test the validity of the following problem:
"Whether there is sufficient certainty, information, mechanisms and awareness of expected conduct to ensure responsible public access to waterways and private rural land while providing for private land use, both now and in the future?"
The Group was also invited to report on any associated matters as they arose out of the terms of reference. The full terms of reference are set out in Appendix 1.
The Group was also given the task of advising the Minister on:
- access to the foreshore of the lakes and the sea and along rivers;
- access to public land across private land; and
- access onto private rural land to better facilitate public access to and enjoyment of New Zealand's natural environment.
In considering the three issues listed above, the Group was asked to assess:
- the level of certainty about what land is accessible and under what conditions;
- the generation, collection and dissemination of accurate and clear information relating to access;
- whether the present level of understanding of what constitutes "responsible access" (conduct) is adequate and whether this approach could be applied in New Zealand; and
- appropriate mechanisms/processes for managing conflicts and concerns.
The Group was asked to confine its investigation to foot access only. This was taken to mean the exclusion of all motor vehicles, mountain bikes, helicopters and horses (but the inclusion of ski touring). The foundations for foot-only access are firstly, that it must be exercised responsibly and subject to reasonable constraints for cultural and social (wahi tapu, funerals) and land management purposes (e.g., lambing), privacy and safety purposes; and secondly, that dogs, firearms and camping are not permitted as of right.
The Minister appointed 11 people to the Group: Mr John Acland (chair), Mr Bob Cottrell, Mr Edward Ellison, Mr Gottlieb Braun-Elwert, Mr Brian Hayes, Mr Simon Kennett, Ms Sally Millar, Ms Penny Mudford, Ms Claire Mulcock, Mr Kevin Prime and Mr Eric Roy (Mr Prime later resigned from the Group to take up a position as an Environment Court Commissioner).
Each member brought a wide range of knowledge and experience to the Group, both in terms of the subject matter and from their own specialist fields. While there was no requirement for members to represent particular sectors of the community, the involvement of various members with conservation, recreation, farming, land law, tangata whenua, and local and central government added value to the discussion.
Consulation
This report is the product of a seven-month investigation by the Group that commenced in January 2003. The Ministry of Agriculture and Forestry (MAF) serviced the Group.
To assist its work, and bearing in mind the Minister's request for a broad conceptual approach to the topic, the Group undertook an informal consultation and information-gathering exercise to help it understand the various perspectives in the community on access. Organisations with a real and long-standing interest in and knowledge of the topic were invited to provide written comment and meet with the Group. These organisations are listed in Appendix 2. Some of these organisations activated networks to encourage their members to make their views known to the Group. The Group also received around 231 letters on the topic. A summary of "submissions"1 is available separately from MAF and on MAF's website.
The Group asked for views on:
- the perceived extent and nature of issues relating to access (to waterways, the coastline and the countryside) and the causes;
- potential solutions to address any issues;
- the likely social, cultural, economic and environmental impacts resulting from those solutions; and
- with respect to access, the desired vision for the future.
A two-day meeting in Wellington on 14 and 15 April 2003 provided an opportunity for organisations and individuals to make presentations to the Group and to enter into wide-ranging discussion. The Group also heard from the Department of Conservation (DOC) and the Department for Courts, Te Puni Kokiri, the Surveyor-General and Registrar-General of Lands, and Sport and Recreation New Zealand. The Group also heard from the Department of Labour (on occupational health and safety legislation).
Members of the Group also attended meetings of rural community groups in the Wairarapa (Castlepoint) and Banks Peninsula (Duvauchelle) and of Maori in Rotorua. The full Group visited the Turangi-Taupo area to help it better understand views held by Maori and freshwater anglers relating to access. Members also participated in a multiplicity of local events, meetings and other events to discuss and seek views about the project.
Both the written material offered and the dialogue with various organisations have proven invaluable to the Group's enquiry. The submissions affording "on the ground" examples of nationwide access problems and solutions have been of particular use. The fact that access arises frequently as both a national and a local issue reflects community concerns and interest about current arrangements. The Group was impressed by the depth of analysis, innovative thinking and the openness of discussions and is grateful for the time, effort and thought given to this topic of substantial conceptual and practical difficulty.
1 Because the Group did not undertake a formal consultation process, the written responses are not classified as formal submissions. Nevertheless, the summary usefully describes the correspondence the Group received from interested parties and is used here in a general sense.
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
