Public Access Consultation

The reconstituted Acland Walking Access Consultation Panel (See Autumn NZDA Hunting & Wildlife "Public Access back in the Spotlight - Time to bite the Bullet") has now published its report for consultation "Outdoor Walking Access" (60 pages). An electronic copy is available at http://www.walkingaccess.org.nz/public.html

For a hard copy (60 pages) send a request to info@walkingaccess.org.nz or phone 03 543 9182.

Panel approach very timid

NZDA and two other national recreational bodies, the Council of Outdoor Recreation Associations and Public Access New Zealand urged the Panel to take an inclusive approach and look at all access issues, not just access to water bodies, when we met with them in February.

However it is very disappointing that the Panel's report does not do this. It is narrowly limited to 38 questions primarily to do with public access to water margins. It again refuses to include hunters with guns, (80,000 New Zealanders), people walking dogs, horse riders or 4WD enthusiasts. Instead it discusses primarily public walking access to waterways without a firearm or dog.

Hunting, dog-walking and riding/driving groups are legitimate users of the Outdoors, and their rights need to be considered eg by any Public Access Commission that may be set up. No-one suggests they need "wander at will" rights. But they, just like everyone else has rights to use public roads, and for walkers, marginal strips etc. It appears, after 3 years of "consultation", the panel has grown weary. The Panel needs a shake-up if anything at all is to come from its lengthy and worthwhile endeavours to date.

So it is very important that hunters, and all recreational users, attend these meetings, and impress on the Panel the need for major improvement in the multitude of government agencies who have public access responsibilities that they largely ignore - DOC, Land Information NZ (Mapping), inistry for the Environment, District & Regional Councils etc. Worst offender is Land Information New Zealand, who believes it has minimal responsibility to the public. And DOC, which mismanges marginal strips, and can't even tell you where they are.

Need for strong representations from Hunters and Others

It is very apparent that a Public Access Commission is essential, with funding is needed. Government agencies need to be held to account for their responsibilities. And working together for better access and addressing public access issues is badly needed. However, in spite of this being in the Terms of Reference, the Access Commission is only mentioned in passing via a narrow question from the Panel. Consequently if the exercise is to go anywhere, the recreational public must turn out to promote other more effective options, and broaden the discussion.

The outcomes NZDA seeks are set out in the article in the Autumn Hunting & Wildlife magazine (Issue 152). They include:

1. A broader & more inclusive approach: Cover all recreational public access, including hunters (guns or dogs), 4WD, not just walking access (without a gun) to water
2. An Access Commissioner’s Office, with Teeth and an adequate Public Access Facilitation Fund
3. Note that public land ownership – eg strips, public roads, parks, reserves, is the solid foundation for most NZ public access. Public ownership rights protect public access
4. More friendly topo maps (NZMS 260), showing public lands, and public accessways eg easements, public roads (cf cadastrals)
5. Make all current Queen’s Chains moveable – reinstate the purpose they were set aside for
6. Use unformed Public Roads – with no reduction in rights
7. Restore the balance between private property rights and the public ownership of and free access to wildlife, fisheries, water (No charging for fishing/hunting access)
8. An Official/Statutory Access Code of Conduct – eg in the Trespass Act
9. The need for speed – a once-in-a-generation opportunity is rapidly disappearing

Aim to get past the narrow set of topics the Panel has set. The narrow Summary of issues, set out in its Report is:

"The walking access issues discussed fall into four categories:

1. Issues on which landholders and users largely agree:
   • Location and status of existing access rights to water margin land
   • Code of responsible conduct
   • National leadership and policy co-ordination
2. Issues on which agreement needs to be sought:
   • Refusal of access by landholders
   • The intersection of private and public property rights
   • Impact of erosion and accretion on water margin access
   • Establishing new access
   • Use of unformed legal roads
3. Access-related issues that require clarification and evaluation:
   • Health and safety liability of landholders
   • Fire risk and liability
   • Biosecurity risks
   • Rural crime and security
4. Issues in respect of Maori land and Maori issues in respect of non-Maori land
• Treaty of Waitangi concerns, access rights to Maori land, and wahi tapu and rahui"