| nzfishing.com response |
We agree with these aims
and wish to ensure that strong, practical and transparent rules
and laws are developed that ensure that the long established tradition
of free access to, and along, waterways throughout the country is
never lost.
Tony Orman, noted author, angler and hunter for
many years sums up the feelings of outdoor recreation users when
he states:
"The fishing and hunting side of the Kiwi psyche has a century
long tradition. It is unique world wide in that almost anyone can
go catch a trout, shoot a duck or hunt a deer at no cost. Fishing
and hunting are truly public sports.
The public ownership of fish and game sport
is no accident. Such a system was set in place by the early European
settlers who sought to escape the feudal structure of the UK where
the best sport by dint of income and wealth, is the preserve of
those who can afford the high fishing-shooting-hunting rights charges
and access fees. New Zealanders have guarded and cherished this
unique egalitarian foundation and principle for over a century."
(Orman, "Kiwi
Fishing and Hunting - Private or Public?" |
| Uphold egalitarian principles |
We wish to see
this century old tradition upheld and strengthened for the present
and for future generations. The loss of access to what is a publicly
owned resource must not be allowed to happen. We accept that nearly
1/3 of all land in New Zealand is presently in public ownership
but wish to emphasise that the majority of rivers, lakes and beaches
in and around New Zealand are also publicly owned resources which
all New Zealanders have a right to use and enjoy and so must be
allowed continued practical access to them. |
| Access along waterways |
The "Queens Chain",
as it is popularly known, which allows members of the public to
move along a marginal strip of land bordering a waterway, must become
enshrined in New Zealand law if we are to achieve "free, certain,
enduring and practical walking access to the outdoors".
This right to freely move along waterways must
be extended to all public waters above a certain size. The Draft
notes that the Marginal strip created under the Lands Act 1948 applies
to lakes of more than 8 hectares and rivers more than 3 metres wide.
This may be too restrictive for some waters as there are some very
small lakes, streams and creeks that are important fisheries and
should also be part of the "Queens Chain".
It may also be necessary to allow people to
move a further distance than the nominal "chain" from
the river or lake in places where it is not possible to safely pass
due to obstructions or topography without fear of trespass. |
| Prevent sale of access to waterways |
Rivers, lakes and the foreshore
must not be allowed to become the preserve of any particular person
or group. We wish to see that laws developed that ensure that access
to waters cannot be sold, either formally or informally, to any
group, individual or company that allows exclusive access to, and
therefore usage of, public water. |
| The role of the Walking Access Commission |
The Land
Access Commission should have at its core the need to implement,
administer and enforce an access strategy rather than just be a mediator
in relation to access disputes. Any mediation issues should be the
concern of an independent body such as an Access Ombudsman. |
| Support for the Code of Practice |
We accept that there is a
need for a formal Code of Practice for those wishing access to waters
and agree with the proposed code of practice that is set out in
the Draft New Zealand Outdoor Access Code. |
| Enable conservation-minded users |
The best way to ensure that
the land and waterways are protected is to ensure they are used
by those who have the most to loose if they are destroyed or diminished.
Anglers, hunters, trampers, birdwatchers and kayakers to name a
few outdoor recreation users are almost without exception keen conservationists
and so allowing them access to the areas where they can pursue their
passions will help ensure the resource is well maintained and cared
for. |
| Negotiated access corridors |
It is ironic that in the
UK there are numerous walkways throughout the countryside often
providing access to waters the public cannot fish or to areas where
they cannot hunt, while in New Zealand we cannot guarantee access
to the rivers, lakes and the beaches that are free for all to use.
We wish to see that the Walking Access Commission
have
• the powers to negotiate specific access corridors across
private land so that all public water and land is accessible and
• the ability to enforce the terms of access once they have
been established. |
| Use of paper roads |
The existence of 56,000kms
of paper roads would seem a good starting point that can and should
be used to ensure access is available where-ever possible. We note
that many of these "roads" are not located in ideal places
and we hope that negotiations can be successfully conducted with
landowners to "move" these roads to more mutually acceptable
places. This could overcome the concerns expressed by Rural Women
over safety issues by keeping access to clearly defined walkways
away from residences. |
| Signpost and publicise details |
Ensure that information about
where access corridors have been established is easily obtainable
through maps, signs and well defined tracks. |
| Provide owner contact details |
In areas where no walkways
to public waters are established, easy publicly available contact
details of the landowners should be made available so that those
wishing to access a river or lake can do so by asking the correct
person. Such a measure would go some way to alleviate the concerns
of landowners about people crossing their land without permission. |
| WAC contact details |
Walking Access Commission
Email: contact@walkingaccess.org.nz
Post: NZWAC, PO Box 12-348, Thorndon, Wellington
6144 |
