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These Boots are Made for Walking - The Walking Access Act 2008
On 25 September 2008 the Walking Access Bill was passed in Parliament. The origins of the Bill hail back to 2004 when the Government floated the idea of creating marginal public strips across privately owned land to allow all New Zealanders access to important recreational waterways. Property owners were concerned law may be passed to compulsorily acquire privately owned land for public walkways and farmers raised various concerns related to disruption of stock, damage to private property near the walkways and public safety. One major concern was their own potential liability for accidents on their property.
In answer to these concerns a Walking Access Consultation Panel was established that received almost 1400 submissions in response to its consultation document. The Panel made various recommendations that have now been enshrined in the new Act.
The Walking Access Act 2008 ("the Act") establishes a New Zealand Walking Access Commission ("the Commission") to enhance and extend walking access to our great outdoors. The Commission will form national strategy and provide national leadership to co-ordinate access among key stakeholders. The Commission will also provide advice and information on walking access routes, determine the nature of the access (i.e. walking, bicycles, access with motor vehicles, dogs and use by hunters) negotiate new walking access across private land and facilitate the handling of any disputes.
The Commission will develop, promote and maintain a code of responsible conduct for users of walkways that will include such matters as
- Standards of behaviour to be observed.
- Information about Maori customs, values and practices.
- Maori relationships with the land and waterways.
- A summary of benefits conferred and obligations imposed by the Act, and
- Any such other matters that the Commission feels would be beneficial to users of walkways and relevant landowners.
- A draft code is to be prepared as soon as practicable.
The Act preserves private property rights and provides that public access to private land should be achieved through negotiation and agreement with landholders rather than compulsory acquisition. It sets out the process that must be followed to declare a walkway over public land and to negotiate a walkway over private land and Maori freehold land.
Section 54 of the Act sets out a number of strict liability offences that may be incurred while using walkways. Strict liability offences include:
- Discharging a firearm
- Setting a net, trap or snare
- Placing poison or explosives
- Lighting a fire
- Taking plants
- Using a vehicle
- Taking a horse or dog on a walkway without authority
Section 56 sets out offences that require knowledge, intent or recklessness, such as interfering or disturbing livestock or wildlife, damaging or destroying structures and attempting to intimidate persons using a walkway.
The Act provides for the appointment of enforcement officers, for a term not exceeding 3 years, who have powers to prevent or stop offenders. A fine not exceeding $5,000 may be imposed for offences under section 54 of the Act and a fine not exceeding $10,000 for offences under section 56 of the Act.
Within 11 years from the commencement of the Act the Minister must report on a review into the Act and any recommendations for changes to the Act.
You can find out more about the commission at its website, www.walkingaccess.org.nz.
