Monday 27 August 2007

Negotiation and agreement the way forward on walking access

The Government has accepted the recommendations of an independent panel which was set up to address walking access issues, Rural Affairs Minister Damien O'Connor said today.

The review of walking access was prompted by the need for clear and enduring rules around access to the outdoors amid changing values and patterns of rural land ownership in New Zealand, Mr O'Connor said.

The Walking Access Panel's report was made public in March and followed a long period of extensive consultation.

"All new walking access over private land, including Maori land, is to be by negotiation and agreement with the landholder," Mr O'Connor said.

"This is the Government's formal position and reflects the consensus as laid out in the panel's report. The report gives everyone a solid base from which to implement the policy."

Mr O'Connor said providing access to outdoors areas is an important and complex issue which affects many New Zealanders.

"Most of us love the outdoors, and as a result of these changes Kiwis will see many new benefits. These include access to new walkway mapping information and signage, resolution of existing conflicts and confidence that future access issues can be negotiated in a timely way. Furthermore, the New Zealand Walkways Act 1990, which was set up to establish public walkways in significant areas, will be included in decision-making."

Mr O'Connor said an advisory board of key stakeholders was being set up to oversee an interim establishment unit within the Ministry of Agriculture and Forestry on the implementation of the changes. It will also advise on the setting up of a walking access entity.

The roles and function of the walking access entity, which the panel recommended to provide oversight on local access issues, will be decided over the coming months, Mr O'Connor said.

"The Labour-led Government's approach to securing new public walking access involving private land is based on building on the existing goodwill and co-operation of landholders, rather than one of confrontation and compulsion. There is no 'one-size fits all' solution as each issue is likely to have a distinct history and set of circumstances."

Details of Government response below.

Contact: Richard Trow (press secretary for Damien O'Connor) 021 313 438

Details of Government response

1. The only exceptions to the policy of negotiation and agreement with the landholder over access to private land are where access is achieved through existing legal mechanisms, such as:
- esplanade reserves established on subdivision,
- marginal strips created on the disposal of Crown land, access created as part of tenure review of Crown pastoral lease land,
- access created as a condition for consent to the acquisition of land by overseas persons.

2. The Government agrees that the priorities for negotiation over private land should be:
- areas along the coast where public access on both the foreshore and the dry margin is unavailable,
- restoring and realigning access along water margins where agreement can be reached between landholders, the Crown and/or local authorities,
- creating new access along water margins where none currently exists,
- access to the coast where no public access is available.

Matters for negotiation of access over private land can include the carrying of firearms and access with dogs, bicycles and motor vehicles.

3. It has been agreed in principle that the new access entity will be empowered to:
- consider all forms of access, but walking access be a priority,
- acquire access over private land and fund the acquisition of such rights,
- consider the Walking Access Panel's additional recommendations on its functions,
- take over the operational responsibility for the New Zealand Walkways Act 1990.

3. The establishment unit within MAF is to undertake a stock take of existing mapping information and make a preliminary assessment of the public requirement and priorities for walking access mapping prior to publishing mapping information about existing walking access.

4. Issues relating to unformed legal roads

- territorial authorities generally be required to retain unformed legal roads for possible future use by the public and that they be given more powers to manage their use to keep them clear of obstructions to appropriate uses,
- the Department of Internal Affairs will consider legislative changes, if any, in their review,
- the establishment unit will work with territorial authorities and central government agencies to develop consistent and appropriate policies for managing unformed legal roads for access, and consider developing national guidelines on their administration.

5. Adequacy of trigger mechanisms for the creation of new access

- it was noted that these are adequate,
- the effectiveness of Overseas Investment Act 2005 is to be reviewed in 2012,

6. Crown pastoral lease land

The Government has agreed that the preferred means for locating new access across Crown pastoral lease land is by negotiation and agreement, but has noted that there are other mechanisms under the Land Act 1948.

7. A contestable fund

Funding will be sought to establish a contestable fund to enhance public access over private land and for other matters relevant to access. Local authorities and other organisations will be eligible to apply.

ENDS

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