Submission to Land Reference Group re Public Access

26 April 2003
Helen Avery, Secretary, Land Access Group, C/o MAF, P O Box 2526. Wellington

New Zealand's society was founded on an egalitarian system of equality and opportunity for all people regardless of wealth, social "class” or ethnic background.

That has been embodied in public sports such as hunting and of course shooting, fishing and tramping in the outdoors and in terms of fishing and shooting put into legislation. Deerstalking was included in this but has been removed by political factions over the years, the most notorious being the Wild Animal Control Act, which in essence removed wild deer in some circumstances from the category of public game. In addition the Act introduced an anti-human rights aspect to accidental or forced (e.g.weather, emergencies etc) crossing of private land.

Above all the law originally (e.g. Wild Life Act) set out to provide fair and reasonable access for all. Although well intentioned the law did not foresee a loophole whereby commercial interests were to slyly argue they were not charging for the fishing, shooting (or hunting) but for access.

Self-interested groups or individuals have obtained (or sold) exclusive access rights usually for trout fishing guiding. This occurs often in wilderness areas and particularly in the Central North Island, e.g. Mohaka watershed, where usually there are wild deer and therefore deerstalking.

NZDA submits that three words "or access thereto" should be inserted in the relevant clause of the Act to close this loophole exploited by commercial operators.

Another area of concern is the high country where stations can be sold to foreign interests. In the case of some, e.g. Glenhope in the Lewis Pass this is for the stated purpose of setting up an "exclusive" fishing and hunting estate.

It has to be underlined New Zealand's egalitarian society is unique.

In fairness foreigners do not fully realise this. They come from a society where access to the best deerstalking is obtained by paying an expensive hunting right or access fee.

The Overseas Investment Commission, which approves foreign land sales, must understand the necessity to protect public access values.

This is the responsibility of governments.

NZDA emphasises safeguarding of these public values has to come from "proper government action and proper legal protection".

The Labour Government made much of Outdoor Recreation in its 2002 Conservation Election Policy. It should carry out its assurances.

NZDA recognises the right of a private landowner to decline permission.

Often this is a seasonal matter such as ewes lambing.

The terms "wander at will" or "right to roam" have been mentioned in recent statements. However NZDA sees inherent dangers-given today's crime trends- in terms of personal and farm security if such a right was implemented.

Also it would in time, drive a deep rift between town and country.

NZDA instructs its members to ask permission, respect private property and conduct hunting, in ethical ways. The NZDA Code of Ethics embraces these points.

However there are cases where public "paper" roads and "Queens Chain" do exist. Particularly where these provide access to public lands they should be publicly indicated.

NZDA submits that paper public roads, Queens Chain right of ways should be defined and posted.

Note: NZDA would like to reserve the right to speak to the committee in greater detail on these matters.

Kind Regards

Trevor Dyke, National President