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Access to New Zealand's Walkways

Did you ever go to the beach, only to see bach owners roping off a section of the beach to stop the public crossing it, and get the feeling that was somehow wrong?

Public access to waterways: the Queen's Chain

New Zealanders have long thought that the public had a right to unlimited access to all our rivers, lakes, and beaches. Some of us may even have heard of a concept called "the Queen's Chain", a strip of land a "chain" wide that supposedly runs right around New Zealand's coastline and inland waterways, protecting our right to access and enjoy them.
Actually, as was revealed during the controversy surrounding the Foreshore and Seabed Act 2004, around a third of New Zealand's coastline is privately owned – be that by Maori or Pakeha – meaning ordinary New Zealanders have no access rights to those beaches.

Improving access?

Increased public awareness – and, at times, conflict – over access to our coastline and waterways has led the Government to introduce new legislation governing such access, in the form of the Walking Access Bill.

As the name suggests, the new legislation would only cover walking access: cars, bikes, dogs, and camping are not covered. The legislation aims to:

  • provide authoritative information about public walking access rights
  • facilitate improved public access to coasts and rivers
  • minimise the impact of public access on private owners
  • mediate disputes over access rights.

Will the new legislation really improve access?

In reality, this Bill really only provides for a new Crown Entity called the "New Zealand Walking Access Commission". The Commission would:

  • provide information about the location of existing public access
  • draft, implement, and oversee a "Code of Responsible Conduct" in relation to walking access
  • negotiate access across private land (which would not affect landowner's legal rights without their consent)
  • regulate existing walkways over public land
  • appoint enforcement officers
  • issue regulations and bylaws.

In the short-term, then, little would change.  The hope for the new Commission, though, is that it would be able, over time, to increase access to, and information about walkways and coastal areas.  I guess we'll need to wait and see!

                                                                                                                                                                                                           

This article is brought to you by Colette Mackenzie of Gibson Sheat Lawyers and its subsidiary The Conveyancing Company, specialists in property law, mortgage broking, refinancing, buying and selling residential or commercial property, and subdivision.

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