Outdoor Walking Access Report to the Minister for Rural Affairs

22 Plan of action

If the Government considers the Panel’s conclusions and recommendations to have merit, the Panel proposes that the following plan of action would be an appropriate way to give effect to its recommendations.

Set up an establishment board for Te Ara o Papatuanuku (the New Zealand Access Commission)

This can be done without legislative authority. An establishment board should be appointed immediately to implement the recommendations agreed to by the Government. It would initially be an advisory board to the appropriate Minister.

Map existing access rights (initially under the supervision of the establishment board)

This process could take up to three years to complete, with the operational work contracted to one of several existing commercial organisations with GIS (geographical information system) capability. The process would draw on existing LINZ data and would need to be co-ordinated with local authorities to ensure that maximum use is made of existing data held at a local level.

Prepare recommended legislative changes

Should the Government accept the recommendations of the Panel, the following legislative changes will be required in the short term:

  • provision to set up Te Ara o Papatuanuku;
  • transfer of responsibility for the New Zealand Walkways Act 1990 to the department responsible for Te Ara o Papatuanuku and of specified functions under the Act to Te Ara o Papatuanuku;
  • any further amendments to the New Zealand Walkways Act 1990 needed to reflect the Panel’s report;
  • any other legislative amendments needed to give effect to the Panel’s recommendations.

These changes could be dealt with in a small “Walking Access Bill” that would set up Te Ara o Papatuanuku and amend the New Zealand Walkways Act 1990. There would need to be a legislative amendment to transfer responsibility for the New Zealand Walkways Act 1990 (this cannot be done administratively because of the specific references in the Act to the Director-General of Conservation and Conservation Boards).

Preparation of the legislation would be the responsibility of the Minister and department responsible for Te Ara o Papatuanuku, with guidance from the establishment board.

In the longer term, the Government may wish to consider amendments to the Trespass Act 1980 to provide a defence against trespass to persons attempting to exercise established public rights of access along water margins and along riverbeds.

Plan and consult on new access needs

This process partly depends on progress on the mapping of existing access. The work will involve identifying, in consultation with local interest groups, gaps in access along water margins, to water margins and to other public land. The process would include prioritisation of these gaps in terms of their value for public access, and could take around two years to complete. The two years could overlap with the three-year period for the mapping.

Develop the code of responsible conduct and co-ordinate signage needs

This work could be done in parallel with the mapping and new access planning. The development of the code will require co-ordination with those organisations, including DOC, that already promote codes of conduct. Signage will need to be co-ordinated with both DOC and local government.

Lead and co-ordinate the negotiation of new access rights

This would follow the completion of the mapping and planning processes. To achieve any significant progress, there would need to be funding through the proposed Te Ara o Papatuanuku Fund for Access.

Ongoing role of Te Ara o Papatuanuku

Te Ara o Papatuanuku would have a continuing role in:

  • maintenance of mapping;
  • co-ordination and funding of new access negotiations (mostly carried out at a local level);
  • co-ordination and funding of signage;
  • management of a mediation process for resolution of disputes over access.