Outdoor Walking Access Report to the Minister for Rural Affairs

PART 1 INTRODUCTION

1 Background

New Zealanders value access to the great outdoors for recreation, and landholders in New Zealand have traditionally granted access to and across their land for recreational use. The great deal of goodwill this has generated forms an excellent basis for an enduring system of access for New Zealand.

Many community groups are working with local landholders, councils and communities to promote better access for recreation (this report contains examples of some of these initiatives). Unfortunately, landholders and outdoor enthusiasts sometimes disagree about what land is open to the public and who should control access to it.

In response to a 2003 report by the Land Access Ministerial Reference Group and the subsequent announcement of legislative proposals in December 2004, landholders expressed strong opinions on the protection of private property rights. They regarded the proposals as a taking of an interest in land without compensation, although the Government later announced (in mid-2005) that it would provide compensation in exceptional circumstances. These sentiments were largely a response to the concept of a deemed access right along water margins over private land. In mid-2005, the Government abandoned the legislation that it had proposed to give effect to this concept.

However, the issues still remain. The Walking Access Consultation Panel (the Panel) was appointed in 2005 to seek a consensus about solutions for formal access for recreational purposes.

During consultation in 2006, the Panel heard strongly expressed concerns, especially from those interested in fishing and hunting, about the protection of the public’s interests in relation to wildlife, freshwater fisheries and water. Although the ownership of these resources does not generally attach to land title under New Zealand law, there is no legal right to cross private land to access them. These submitters expressed a strong desire for clear public access rights to these resources (including sports fish, game and other wildlife).

While acknowledging the importance of protecting private property rights, the Panel is concerned that the rights of the public (for example, access to public land, including unformed legal roads and marginal strips) are not impeded, and that the public has practical access to public resources, including sports fish and game.

The Panel has taken a long-term view. Their concern is not just today’s identified problems, but emerging trends in land ownership and use, and landowner and community attitudes, that threaten what the previous Land Access Ministerial Reference Group and the current Panel, following consultation, regard as a fundamental New Zealand value, that is, the opportunity to walk freely along our coastline and rivers, around lakes and to other public land.

The Panel proposes practical and cost-effective solutions, for which it believes there is widespread support, while recognising that implementing some elements may take time. Realistically, some access issues can only be resolved over the long term.

The Panel was also asked to advise on areas of disagreement and recommend possible solutions. The alternative view of one member of the Panel has been recorded. The Panel does not agree with those comments and does not believe there is widespread support for them.