Suggested Submission: Please modify as you see fit. Submissions can be
emailed, faxed, posted. But should be made by 30 June 2006
Your Address and Letterhead
To: John Acland, Chair and the
Walking Access Consultation Panel
Box 2526
Wellington
info@walkingaccess.org.nzFax 04 819 0745
Dear John and Panel
Submission to the Acland Walking Access Consultation Panel
This submission is made by * * * *. (Add details about your
Club/Organisation, or you as an individual, and why you have an interest in
better public access)
1 Need for a broader approach:
Thank you for the opportunity to submit on the need for better public
walking access to public lands, and to and along water bodies (Queen's
Chain).
We strongly support the importance of improving such access. But such access
only covers part of the recreational public's interest in maintaining and
improving public access to the Outdoors. It does not include for instance,
recreational access with a firearm or dog, or vehicular access eg bicycle,
4WD, quad. All these modes of access are statutorily allowed in various
situations, and their rights need to be recognised and protected as well.
2 Enhanced Public Recreational Access Rights - Support for all
recreationists:
All recreational statutory access rights need to be recognised and enhanced,
not just walking rights without a recreational firearm or dog to water
margins. The three most important initiatives to support and enhance all
statutory public access rights are:
1 A Parliamentary Commissioner for Public Access
2 A significant and contestable Public Access Enhancement Fund
3 Public access shown on paper topo maps as well as public land boundaries
4 Greater recognition of unformed public (legal) roads, and their valuable
use for public access and recreation
5 Relocate the Queens Chain to restore its access purpose, where it is no
longer on its water margins
These can and should provide for all outdoor recreational users' access
rights, including recreational hunters, 4WDers, quads and dog owners.
3 Essential for an Independent Commissioner: Prior to 1987, the Lands and
Survey Department provided paper cadastral (access and property) maps, and
acted to some extent to protect public access rights. Since L&S's demise,
there has been no government guardian of public accessways. These guardian
functions need to be restored by an independent Commission.
The departments/agencies with public access responsibilities see them as low
priority, and do very little about them. They are:
a) Department of Conservation (DOC): Responsible for marginal strips,
and public access to public conservation land. Does not even know where all
marginal strips are. Has no annual budget for access matters. Argues on
occasion its duty is to uphold private property owners rights. Also argued
against recording and showing marginal strips.
b) Land Information NZ (LINZ): Made an agreement with the previous
government in 1996, that its primary mapping priority was to service govt
departments, not the public. Abolished producing cadastral paper maps.
Doesn't show public land boundaries on topo maps, even though its
predecessor Land & Survey did. LINZ , as the lead agency in Tenure Review,
has been poor in providing public access in Reviews.
c) District Councils: Responsible for unformed public (legal) roads.
These are Crown owned, and Councils are supposed to look after them.
Hunters, 4WDers and cyclists or people with dogs have the right to pass and
repass on them, just as they do on formed public roads. Smaller less well
financed, or more farmer controlled, councils don't do their access duties
well.
d) Queen Elizabeth II National Trust: The Trust provides covenants,
almost always without public access. It is also farmer dominated. It is not
an appropriate agency for access.
Neither are the Ministries of Environment or Agriculture, or the Department
of Internal Affairs, or regional councils suitable. Given the poor access
performance of all these agencies, one of the key matters for a
Parliamentary Access Commissioner will be to get them to perform better.
Therefore he must be independent of them, not an office within one. Hence
also the need to report to Parliament.
4 Commissioner's Purposes: The Parliamentary Commissioner for Public Access
should be an official guardian of our public access heritage, ie
a) be an access ombudsman for citizen complaints about agencies not
carrying out their statutory access responsibilities
b) a leader in constructively improving public access matters
c) report to Parliament on public access matters
d) promote cost effective public access mapping
e) have regional representatives to engage and assist the public
locally with access issues
f) be a mediator, negotiator, facilitator with access agencies and
stakeholders on improving public access
g) encourage greater understanding and co-operation on access between
outdoor recreationists and rural landowners
5 Purpose of the Access Enhancement Fund: This would be disbursed by the
Public Access Commissioner, to projects, including access easements or
purchase, to cost effectively improve public access. The Fund and
Commissioner would also greatly benefit landowners.
6 Importance of Unformed Public (legal) roads: These are publicly owned
strips of land across private land. They are very valuable as they provide
an important access right and have recreational value in their own right -
that can be used as is when marked, or can be negotiated to gain more direct
or other access of the same quality, across private land. I/We strongly
oppose moves by some district councils to abolish such roads.
7 Realign the Queens' Chain: To restore its access purpose, where it is no
longer on its water margins
8 Need to reaffirm and protect New Zealand's proud heritage of publicly
owned public access strips: New Zealand's achievements with statutory
mechanisms for public access to the outdoors dates back to 1840. These
mechanisms are usually successful because they involve the very strong
rights of public ownership of land/strips eg marginal strips, public parks
and reserves with access rights, unformed and formed public roads, esplanade
reserves etc.
It is a superb heritage. We should all be proud of it and be prepared to
defend and improve it. But official indifference and neglect has made it
frayed at the edges. This is why an independent Commissioner, Access Fund,
and better access information on maps is urgently needed and will benefit
all access stakeholders.
Yours truly
Note: If you have examples where public access rights have not been observed
eg blocking unformed public roads, lack of info on marginal strips etc,
raise them in your letter.