Public Access to New Zealand Outdoors

25 November 2003

The Honourable Jim Sutton	The Secretary
Minister of Rural Affairs	Land Access Report
Parliament Buildings	C/O MAF
WELLINGTON	PO Box 2526
	WELLINGTON
Dear Minister	Dear Sir or Madam

Re: PUBLIC ACCESS TO NEW ZEALAND OUTDOORS.

This submission is presented by the New Zealand Deerstalkers Association Inc, (NZDA), a properly constituted association of over 5,000 members. The NZDA is making this submission on the following basis.

Membership of the NZDA represents predominately amateur and recreational hunters and the NZDA does not support safari type hunting organisations or "behind the wire" shooting of animals enclosed in game farms.

It is to be noted that a specific survey of hunting in New Zealand made in 1988 found that there were about 50,000 active big-game hunters including about 40,000 deer hunters (Nugent 1992a and Fraser K W "Status and conservation role of recreational hunting on conservation land"). This total number of persons, which includes members from the NZDA, are now being effected by the issues of access to public lands.

It should be further noted, that numbers of the NZDA do not always hunt when they enter conservation land, but go with their families to share the immense enjoyment of the outdoor experience in a pristine landscape. Many members of the NZDA are also active fresh water and sea water anglers.

The document "Walking Access in New Zealand Outdoors" is an excellent and comprehensive document and the Reference Group who presented the document are to be congratulated. The NZDA would strongly support that this document is carefully considered when future policy is being written. The only general comment that the NZDA would make is that policy should not only be for foot access, but should also include for the responsible use and access of vehicles (particularly four-wheel drive) in terrain and locations where appropriate.

In response to the questions to be addressed in the "Public Consultation" document:

CURRENT SITUATION

What current processes are working well and why?

01) Existing and mapped Public Roads that are maintained to a reasonable standard and are not gated or otherwise obstructed, work well allowing unimpeded access by the public to conservation lands. Being a public road, permission is not required for passage and it is illegal for the road to be blocked off by land purchases removing the lawful rights of the New Zealand citizen. The NZDA considers that public access is not only for foot access but also for responsible vehicle access where appropriate and reasonable.

Unfortunately, there are increasing examples where land owners are closing off access and charging a gate fee to enter or a fee to cover "roading or access maintenance". Other spurious reasons for charging are also given but the worst scenario is when access is totally blocked and refused. This should be an absolute priority for the road controlling authority to take immediate action. Generally, amateur sporting and recreational bodies are not in a strong financial position and cannot afford to be involved in protracted and costly legal disputes.

Many back country roads allow vehicle access (particularly four-wheel drive) which is of increasing importance to the recreational hunter. Some recreational hunters and fishers are more advanced in years and being able to drive to a hut in a few hours, rather than spending a day or more carrying in a pack, offers huge advantages. The same advantage applies to the younger hunter or fisher whose time in the mountains may be restricted through work or family pressures by not having to spend half of their available time involved in packing both ways. The NZDA promotes the responsible use of vehicles in accessing to and from remote areas, especially where river crossings are involved or access is along river valleys.

NEW ZEALAND ACCESS STRATEGY

Do you think that a New Zealand Access Strategy is Required?

02) A New Zealand access strategy is required urgently. After tenure review, more and more privately owned land is being subdivided and being sold off to foreign buyers at inflated prices. Often this land is associated with and adjoining pristine conservation land, lakes or rivers that have traditionally provided recreation and enjoyment to the general public. A recent example is 17,000 hectares adjoining Lake Wanaka being sold to an overseas person. It would be reasonable to assume that access to some foreshore areas of Lake Wanaka will now be blocked off from passage by land. These subdivisions or sales rarely if ever allow for public access across the property to the conservation land and the new owners can quite legitimately block any public access.

However, the NZDA completely agrees that all land-owners (including farmers) have the right to deny access to any person for any reason or even for a non-reason. A growing problem is that some leasees of public lands are adopting the attitude that the land is theirs and are now calling it privately owned land.

What matters do you consider need to be addressed in any strategy to enhance access?

1. Many areas have public access or rights of way shown on cadastral maps and previously referred to as a "paper road" or a "surveyed road". These roads were never formed. The problem is that the cadastral maps recording these rights of way are no longer readily available to the general public and can only be sourced with some difficulty. We believe that there is an urgent need for this information to be made readily available to all interested parties including the landowners. Many hunters today possess GPS navigation aids that are extremely accurate and would stop or reduce the chance of trespass onto the privately owned land. Individuals would need to know the exactly position of any access clearly marked on a map.
2. Where access has been lost through sub-division or by selling off, it will be necessary for the appropriate government department to negotiate with the new title-holder to restore public access. This would be most unlikely without the monetary cost of compensation particularly in the case of a foreign person ownership where restoration of access could be expensive. This cost would be unfortunate and negotiations probably protracted but necessary if the government is to comply with the ethos of its published outdoor recreation policy and thus maintain the rights of the New Zealand public.
3. Any access established either by negotiation or by purchase must then be promulgated as public access ensuring that it remains enshrined as available to the public in perpetuity. This would preclude present and future landowners from blocking the access or charging fees for specious reasons.
4. Strong penalties should be introduced against landowners who consistently preclude access along public ways or make charges for access for whatever reason.
5. The topographical maps used by hunters and others should show clearly where all public accesses are located.
6. The NZDA is at present working on a code of practice that hopefully can be negotiated in the future with private landowners including farmers. This will have stated very strict conditions of compliance by members of the NZDA and will make it clear that the landowner of private land will always have the right of refusal of access. At the moment, the NZDA carries a substantial insurance policy indemnifying land and forest owners from accidental loss caused by any financial member of the association. Other issues such as events involving O.S.H. are still being considered by the NZDA It is proposed that the current NZDA membership card (matched with the firearm license which includes photographic identification) is produced if permission is being sort to cross private land. These issues are still being worked through but the NZDA would maintain the right to remove membership from any person causing serious problems or a misdemeanor while on private or conservation land.
7. The current legislation with amendments regarding Trespass are completely draconian and are a major problem regarding public access on private land. This act must be addressed urgently by the government if public access to conservation land across private land is to be seriously considered. This particularly applies to the situation of a hunter who is carrying a firearm or who is conveying it out of sight inside the vehicle boot as required by regulation.

Is an access agency required?

The NZDA believes that an access agency is urgently required. The agency must be representative of all stakeholders with a valid interest of access to conservation land. Clearly DOC, Federated Farmers, New Zealand Deerstalkers Association, Royal Forest and Bird, Federated Mountain Clubs, Fishing associations and others should be members of this agency. It may be difficult to secure membership from foreign and other estate owners. Game Farms and Safari Clubs are not recreational groups but are totally commercial organisations. In fact, some of these commercial operations are actively involved in restricting and blocking access to conservation lands with the associated wild life thus financially enhancing their own activities. Representative membership of these groups on an access committee would need to be a matter of careful consideration. The access agency must be adequately funded and be able to report back recommendations to an appropriate minister or controlling authority for considered action. Annual reports would be presented to the Minister to maintain effectiveness of the agency. There would be a substantial initial work load for the agency which would probably diminish with the effluxion of time. Clearly, there would be costs involved in making secure existing access and for the purchase (if necessary) of new accesses.

If yes, are the functions that have been listed appropriate? Are there other functions?

The eight bullet points as suggested are in general agreement with the opinion of the NZDA. However, we would suggest that the following points are included in the suggestions as listed.

1. The first bullet point regarding building relationships should also include building relationships with various recreational groups that want access. While the clause does state "…………….and land users", this could be interpreted as leasees of public or conservation land and not necessarily hunting, fishing or tramping recreational groups who must also be involved. Also, there is considerable concern in the farming community regarding liability on OSH issues after the infamous "bee-keeper" incident that resulted in prosecution after the fatal accident. While the farm owners involved have now been exonerated following expensive litigation and appeal, they have been bankrupted.
2. Codes of Conduct. Codes of conduct need to be developed or encouraged to be developed for members of recreational groups seeking access across not only private and leased land, but conservation land. As previously stated, the NZDA is currently working on this issue and will probably include disciplinary action for any member who does not comply with this code. It is hoped that the development of this code will address concerns of the landowners or the land administrators, and will be accepted as a standard of behaviour allowing access. For individuals not belonging to a recognised association, it will be their own personal problem to negotiate access. In fact, this may be an incentive for individuals to join or become associated with a recognised and responsible body - but that would naturally be a personal choice.
3. Negotiation of the provision of access must include the following. The supply, installation and payment of any fencing, signposting, marker poles, marker disks, fence styles and surveying costs that may be necessary to clearly define right of way.
4. Dissemination of information of access should include the supplying of detailed local maps clearly showing where access is agreed and permitted and where there are "no go" areas. Also, some of the information that was shown on the old cadastral maps should be brought forward and shown on topographical maps that are now supplied and in current use.
5. Unfortunately, disputes and incidents will always arise but hopefully they will be at a minimum if codes of practice and conduct are implemented. Not only should a mediation service be supplied but also an extension of the role of mediation would be to receive, listen and consider all complaints from any party to be followed by making recommendations to appropriate authorities as necessary.

OBJECTIVES

The Reference Group document is supported by the NZDA as previously stated. Various issues on which the NZDA would like more specific consideration have been covered previously in this submission.

The "Queen's Chain" is a nullity causing much confusion. All access rights must be securely legislated into the public domain. This will ensure present and future generations of New Zealanders will have their legal rights protected allowing safe and unimpeded passage through into conservation land that is our treasured heritage.

Unimpeded access must be restored (if necessary), secured and maintained to our bush, our mountains, our high country, lakes, rivers and the foreshore which is enjoyed by the greater proportion of the New Zealand citizenship.

The Reference Group document gives three levels in the "Access action plan". It would be most unlikely that in the immediate future there would be "New Law and significant changes" as given in Level 3 as the work involved covers a raft of existing legislation. However, aspects of all the three levels have merit and are supported by the NZDA These have been previously discussed in this submission. In keeping with this government's stated "Outdoor Recreation Policy", action must start immediately towards implementing aspects of each of these levels.

Level 1 can be implemented immediately, especially the making available of relevant cadastral information.

Level 2 on "Fishing & Hunting Access" is strongly supported by the NZDA Commercial operations making charges to fish or hunt are an anathema to recreational fishers and hunters. As a general statement of current legislation, ownership of wild game (such as fish or animal) lies with the Crown and not to individuals who may own or have tenancy of the land or waters. The property ownership of wild game must remain with the Crown and not be legislated away either by Act or Regulation to private or company landholder ownership/tenantry particularly to safari clubs or game parks.

Level 3 is generally supported by the NZDA but would not support "of right" access by any form of powered craft to all conservation land. The NZDA would not support unrestricted helicopter or fixed wing aircraft landing in wilderness areas. These areas are important for their unspoiled nature and should not be disturbed by aircraft landing and taking off except in the case of extreme emergency. For similar reasons, certain rivers must be protected from jet or powered boats that cause visual and noise pollution, cause damage to river banks and to fish stocks. Access for four-wheel drive vehicles must be for responsible use only and confined to basically marked routes so not to endanger bird life, and protecting riverbanks, beaches and fish stocks including shell fish. Four-wheel drive vehicles have no place in wilderness areas.

In conclusion, The NZDA supports all legislation that will enhance and improve access to conservation lands for the enjoyment and the physical well being of not only of its members, but to the whole general public of New Zealand. Legislation must be enacted urgently as there is an increasing rate of our land becoming alienated by foreign purchase and being closed off.

The NZDA would be pleased to attend any future meeting or hearing to answer any questions that may arise from this submission or to supply further written information if requested.

Yours sincerely

Trevor Dyke
National President
New Zealand Deerstalkers' Association Inc