Walking Access Act 2008

4 Interpretation

In this Act, unless the context otherwise requires,—

administering authority means any Minister, department, local authority, or public body, or the Commissioner of Crown Lands, that owns, controls, or administers any public land

cadastre has the same meaning as in section 4 of the Cadastral Survey Act 2002

chief executive has the same meaning as in section 4 of the Cadastral Survey Act 2002

code of responsible conduct or code means the code of responsible conduct issued under section 17

controlling authority means a body that—

(a)

is appointed as a controlling authority under section 35; or

(b)

becomes a controlling authority under section 36

Crown has the same meaning as in section 2(1) of the Public Finance Act 1989

department means a department of State specified in Schedule 1 of the State Sector Act 1988

enforcement officer

(a)

means an enforcement officer appointed under section 43 and warranted under section 46; and

(b)

includes a person described in section 44

firearm

(a)

has the same meaning as in section 2 of the Arms Act 1983; but

(b)

includes anything from which a shot, bullet, missile, or other projectile can be discharged other than by force of explosive

foreshore means the marine area that is bounded,—

(a)

on the landward side, by the line of mean high water springs; and

(b)

on the seaward side, by the line of mean low water springs

honorary enforcement officer means an honorary enforcement officer appointed under section 45 and warranted under section 46

in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax, email, or other electronic means

lake means a body of fresh water that is entirely or nearly surrounded by land

landholder

(a)

means the owner or occupier of land; and

(b)

includes any employee or other person acting under the authority of the owner or occupier; and

(c)

includes the administering authority of public land

local authority has the same meaning as in section 5(1) of the Local Government Act 2002

Maori freehold land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

Maori Land Court means the court continued by section 6 of Te Ture Whenua Maori Act 1993

Minister means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

New Zealand Walking Access Commission or Commission means the New Zealand Walking Access Commission established by section 6

occupier, in relation to land, means a person who has a right to occupy the land under a lease

offence means an offence against a provision of this Act or any regulation or bylaw made under this Act

personal mobility device means—

(a)

a vehicle that—

(i)

is designed and constructed, or is adapted, for use by persons who require mobility assistance due to a physical or neurological impairment; and

(ii)

is powered by hand or by a motor that has a maximum power output not exceeding 1 500 W; or

(b)

a vehicle that has been declared under section 168A(1) of the Land Transport Act 1998 to be a mobility device

private land

(a)

means—

(i)

any land that is held in fee simple by any person other than the Crown:

(ii)

any Maori land (within the meaning of section 4 of Te Ture Whenua Maori Act 1993):

(iii)

any land that is held by a person under a lease or licence granted to the person by the Crown; but

(b)

does not include any road

public land

(a)

means any land that is not private land; but

(b)

does not include any road

register means the register kept under section 9 of the Land Transfer Act 2017

Registrar-General means the Registrar-General of Land appointed in accordance with section 231 of the Land Transfer Act 2017

river means a continuously or intermittently flowing body of fresh water, and includes a stream or modified watercourse

road

(a)

means a formed or unformed road; but

(b)

does not include a private road (within the meaning of section 315(1) of the Local Government Act 1974)

Sport and Recreation New Zealand means the agency established by section 7 of the Sport and Recreation New Zealand Act 2002

structure

(a)

includes—

(i)

a bridge, fence, gate, shelter, or stile; and

(ii)

a boundary marker, hoarding, marker, notice, poster, or sign; but

(b)

does not include a bivouac, a tent, or a temporary structure erected for temporary shelter

Surveyor-General means the Surveyor-General appointed in accordance with section 5 of the Cadastral Survey Act 2002

vehicle

(a)

means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; but

(b)

does not include—

(i)

a pram or pushchair:

(ii)

a personal mobility device

walking access means the right of any member of the public to gain access to the New Zealand outdoors by—

(a)

passing or repassing on foot over a walkway or other land over which the public has rights of access; and

(b)

performing any activity that is reasonably incidental to that passing or repassing

walkway

(a)

means any walkway declared under section 24 or 31; and

(b)

includes any part of a walkway; and

(c)

includes any walkway, established or administered under the New Zealand Walkways Act 1990, that was in existence immediately before this Act came into force.

Section 4 register: replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 4 Registrar-General: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).