Outdoor Walking Access Report to the Minister for Rural Affairs

13 Code of responsible conduct

13.1 Background

A common theme raised by landholders is the public’s lack of knowledge of farming and rural practices. There is a growing concern that public understanding of rural New Zealand is being lost as the urban population increases. It is possible that the public will come to regard rural New Zealand as a place for recreation only, rather than a working environment. With nearly 86 percent of New Zealanders living in or close to urban areas, it is inevitable that pressures on rural New Zealand will increase. Demand for access is one of those pressures.

Consultation found agreement that the majority of users act responsibly. Not all members of the public belong to recreational groups that maintain formal or informal codes of conduct.

A small percentage of people behave badly, which erodes goodwill with landholders and leads to reduced access opportunities for all. Many landholders stated that they experience problems stemming from poor behaviour by the public, such as damage to property, gates left open, litter, cannabis cultivation and vandalism.

Many landholders believe that increased public access will lead to more problems and compromise or disrupt rural economic activity, such as farming or forestry operations. Visitors can impact on stock management, vehicles cause track damage and landholders are often involved in providing emergency assistance to persons lost or in distress.

13.2 Existing legislation

A large body of legislation already deals with the kinds of behaviour of concern to landholders and rural residents. Relevant statutes include:

  • Arms Act 1983;
  • Biosecurity Act 1993;
  • Conservation Act 1987;
  • Crimes Act 1961;
  • Dog Control Act 1996;
  • Forest and Rural Fires Act 1977;
  • Harassment Act 1997;
  • Land Transport Act 1998;
  • Litter Act 1979;
  • Local Government Act 1974;
  • Local Government Act 2002;
  • New Zealand Walkways Act 1990;
  • Summary Offences Act 1981;
  • Trespass Act 1980 (some landholders suggested that penalties could be increased as a further deterrent);
  • Wildlife Act 1953;
  • Wild Animal Control Act 1977.

13.3 Existing codes of conduct

The Panel found a high level of consensus for a code of responsible conduct to guide both landholders and the public. Te Ara o Papatuanuku could publish and promote such a code without needing legislation. For example, a voluntary code was proposed by Federated Farmers in 2004 in the context of the Government’s policy of dealing with walking access issues.

The Panel notes that there are other codes that could also be drawn on in compiling a general walking access code. The former Public Lands Coalition, DOC and Mountain Biking New Zealand have created their own codes and the New Zealand Four Wheel Drive Association supports the Tread Lightly! concept.13 It is highly desirable that the core of these codes is as consistent and compatible as possible. There is also a list of offences in the Walkways Act that acts as a statutory code of conduct for gazetted walkways.

The Panel agrees that Te Ara o Papatuanuku should co-ordinate the development of a code of responsible conduct with other agencies and organisations involved in outdoor recreation, with the objective of having an agreed core code. A code could address problems that result from a lack of public knowledge about acceptable conduct in rural areas, and clarify the rights and responsibilities of all parties. Many aspects of poor conduct are already covered by existing laws and by-laws, for example, littering, vandalism and excessive noise. Disturbing domestic animals, setting traps, shutting an open gate and opening a closed gate on private land are all offences under the Trespass Act 1980. These provisions do not apply to land that is subject to public access rights.

13.4 Possible content of a new code

The code could:

  • promote the use of access maps to find the location of access and any restrictions on it;
  • encourage the public to notify adjoining landholders as a courtesy, where this is appropriate;
  • explain the need to ask before accessing private land or when in doubt;
  • provide guidance on the appropriate disposal of human waste for good hygiene and to minimise biosecurity risks;
  • provide guidance on the law and best practice regarding firearms and dogs;
  • advise on the use of farm gates (leave as you find them) and on how to negotiate fences without damaging them;
  • advise on appropriate and safe behaviour in the vicinity of farm animals;
  • promote respect for landholders, including their privacy, and farm operations;
  • promote respect for other users;
  • explain users’ responsibility to care for the environment;
  • provide guidance on Māori land and issues;
  • advise on safety, risks (including fire risk) and proper preparation for trips;
  • recommend that landholders warn visitors of hazards on their property.

The Panel considers that a code of responsible conduct should apply to both public and private land. The Panel notes that landholders who wish to have more than a voluntary code as a basis for access over their land could negotiate behavioural conditions as part of an access agreement, or seek to have access across their property designated as a walkway. Once gazetted as a walkway, the enforceable conditions in the Walkways Act would then apply.

The Panel received other suggestions to help manage conduct. One interesting idea is to provide walkers with something that would identify them as a “responsible walker”. This would be a voluntary arrangement that Te Ara o Papatuanuku could manage.

13.5 Possible status of a new code

The Panel sought views on whether a code should be statutory, and enforceable, or voluntary. Responses were divided. Both approaches have costs and benefits. For example, a statutory code could have a higher level of enforceability in law. A voluntary code would be much less expensive and “authoritarian” and lead to much greater adherence in the long term. The supporters of a voluntary code stressed the need for education on acceptable behaviour and the value of peer pressure.

The Panel considers that a code will be of most value if it applies to all walking access, whether over legal access ways, negotiated public access over private land or access over private land by permission. Only a voluntary code could have general application of this kind. An educative approach is best, given that there is already a very wide range of laws covering virtually every form of behaviour that might be of concern.

If the Government adopts the Panel’s recommendation on the use of the Walkways Act as one vehicle for negotiating new access, any new access having the status of a walkway will be subject to the wide range of constraints on behaviour in the Walkways Act. An important consideration behind the Panel’s thinking is that the extent of the practical enforceability of both existing law and any new laws will be constrained by available enforcement resources, and that consequently the educative and peer pressure approach is likely to be more effective.

The Panel agrees that, as part of its work on a code, Te Ara o Papatuanuku should contact educational organisations to ascertain how information about accessing and behaving on rural land can be built into teaching material. This need not be a new requirement, but simply part of the existing outdoor education activity.

Recommendations on a code of responsible conduct

The Panel recommends that:

  1. Te Ara o Papatuanuku co-ordinates the development of a voluntary code of responsible conduct with other agencies and organisations involved in outdoor recreation and rural land management (including DOC, Federated Farmers, local authorities and recreational groups), with the objective of having an agreed core code;
  2. Te Ara o Papatuanuku promotes and encourages the teaching of good behaviour in the outdoors, especially in primary schools. It should also investigate the scope for providing overseas tourists with information about good behaviour in the outdoors (such as the proposed code of responsible conduct) at the point of entry into New Zealand.

13 See www.treadlightly.org for further information.