Walking Access Bill

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Walking Access Bill

Government Bill

208—1

Explanatory note

General policy statement

This Bill establishes the New Zealand Walking Access Commission (the Commission). The Commission will be a Crown entity with the status of a Crown agent under the Crown Entities Act 2004.

The Bill arises from public concern about the availability of public walking access to the outdoors, especially around the coast, around lakes, and along rivers. There has been a popular conception that there is a strip of public land along these areas known as the Queen’s Chain. While there are many public reservations of this kind, they are by no means universal, and frequently their precise location is not well known or easy to locate.

In addition to concerns about public access along water margins, there has also been concern about public access to water margins (that is, reasonably convenient access across country to beaches, lakes, and rivers), and access to other public land such as national parks.

The Commission’s functions include a leadership and co-ordination role in the provision of public access to the outdoors, the provision of information about the location of existing public access, the provision of a code of responsible conduct for the guidance of the public and landholders in respect of recreational access to the outdoors, and facilitating and funding the negotiation of new public access across private land.

The Bill re-enacts in large measure the provisions of the New Zealand Walkways Act 1990, but transfers to the Commission the present roles in respect of walkways of the Minister of Conservation, the Director-General of Conservation, the New Zealand Conservation Authority, and Conservation Boards.

The Bill does not interfere with private property rights. Public access to private land remains subject to negotiation and agreement with landholders.

The Government has agreed that the monitoring department for the Commission will be the Ministry of Agriculture and Forestry.

Clause by clause analysis

Clause 1 relates to the Title.

Clause 2 relates to the commencement of the Bill.

Part 1
Preliminary provisions

Clause 3 sets out the purpose of the Bill.

Clause 4 defines certain terms used in the Bill.

Clause 5 provides that the Bill binds the Crown.

Part 2
New Zealand Walking Access Commission

Subpart 1—Establishment, objective, and functions of Commission

Establishment of Commission

Clause 6 establishes the New Zealand Walking Access Commission (the Commission).

Clause 7 provides that the Commission is a Crown entity for the purposes of the Crown Entities Act 2004. The provisions of the Crown Entities Act 2004 apply to the Commission, except as expressly provided in the Bill.

Clause 8 provides for the board as the governing body of the Commission. The board consists of 5 to 8 members appointed by the Minister. At least 1 member must have a knowledge of tikanga Māori.

Objective, functions, and priorities of Commission

Clause 9 specifies the objective of the Commission, namely to lead and support the establishment, maintenance, and improvement of walking access.

Clause 10 sets out the functions of the Commission in meeting its objective under clause 9. All of the functions relate to walking access, both in respect of walkways under the Bill and other walking access.

Clause 11 provides that, in negotiating walking access over private land, the Commission may give priority to obtaining walking access over certain types of land.

Government Superannuation Fund

Clause 12 provides that a person who, immediately before being employed by the Commission, was a contributor to the Government Superannuation Fund is deemed to be employed in the Government service. A person ceases to be deemed to be employed in the Government service when the person ceases to be employed by the Commission.

Clause 13 provides that clause 12 does not entitle a person to become a contributor to the Government Superannuation Fund if the person has (since being employed by the Commission) ceased to be a contributor.

Clause 14 provides that, for the purposes of applying the Government Superannuation Fund Act 1956 to a person referred to in clause 12, the Commission is the controlling authority in relation to that person.

Subpart 2—Code of responsible conduct

Clause 15 specifies that the purpose of clauses 16 to 22 is to provide for the development and issue of a code of responsible conduct in relation to walking access for the general guidance of certain people.

Clause 16 provides that the code may include all or any of the following:

  • summaries of benefits conferred and obligations imposed, by the Bill or any other enactment, on members of the public and relevant landholders in relation to walking access:

  • recommendations on the standards of behaviour to be observed by users of walking access and relevant landholders:

  • any other information that the Commission considers would be useful for users of walking access and relevant landholders.

The code may make recommendations that are specific to a local area or a region.

Clause 17 requires the Commission to prepare a draft code as soon as practicable after the commencement of the Bill.

Clause 18 requires the Commission to give public notice of the draft code, invite public comment on it, and consider the comments received.

Clause 19 specifies the matters to be considered by the Commission before issuing a code under clause 20.

Clause 20 provides that the Commission may issue the code at a time, and in a manner and form, that the Commission thinks appropriate.

Clause 21 permits the Commission to amend the code or revoke it and substitute another code. Clauses 17 to 20 apply, with all necessary modifications, unless the amendments are minor and do not materially affect the code.

Clause 22 requires the Commission to ensure that copies of the code are available to the public for inspection and purchase.

Part 3
Walkways

Subpart 1—Establishment and administration of walkways

Establishment of walkways over public land

Clause 23 provides that if the Commission considers that any public land should be made available for use as a walkway, it may propose to declare the land to be a walkway.

Clause 24 requires the Commission to obtain the written consent of the administering authority of public land before declaring the land to be a walkway. Consent may be made subject to any conditions that the administering authority may impose.

Clause 25 applies if the Commission proposes to declare public land to be a walkway and the land is or includes an unformed legal road.

Before declaring the land to be a walkway, the Commission must consult the public on the proposed declaration by giving public notice of the proposed declaration, inviting the public to comment on it, and considering the comments received.

The Commission must also obtain the written consent of the local authority in whose district the land is located, after first providing the local authority with the comments received and allowing the local authority a reasonable period of time to consider the comments. In deciding whether to consent to the proposed declaration, the local authority must consider each comment provided to it. It may impose conditions in relation to the walkway.

If the local authority consents to the declaration of a walkway, the landholders with legal frontage on, or direct access to, the unformed legal road retain their existing right to use the unformed legal road.

Clause 26 requires a plan that defines a walkway on public land. The plan must comply with rules made by the Surveyor-General under the Cadastral Survey Act 2002, unless the Surveyor-General grants an exemption under that Act. The plan must be lodged with the chief executive and recorded in the cadastre.

Clause 27 provides for the Commission, after complying with the statutory requirements, to declare public land to be a walkway by notice in the Gazette, giving the walkway a distinctive name and specifying any condition imposed by the Commission or by the administering authority or local authority in granting consent to the walkway.

Clause 28 provides for registration of the Gazette notice declaring a walkway over public land that is subject to the Land Transfer Act 1952, with particulars of that notice to be entered in the register.

Establishment of walkways over private land

Clause 29 provides that if the Commission considers that any private land should be made available for use as a walkway, it may negotiate with the landholder to acquire an easement or lease over the land for use as a walkway.

Clause 30 provides that if the Commission proposes to negotiate for an easement or lease over Māori freehold land for use as a walkway, it must do so with the owners of that land, whether those owners are trustees, a Māori incorporation, a sole owner, joint tenants, or owners in common. The provisions of Te Ture Whenua Maori Act 1993 apply to the grant of an easement or lease over Māori freehold land for use as a walkway.

Clause 31 requires an easement or lease acquired under clause 29 to be supported by a plan that defines the land over which the easement or lease is granted in accordance with rules made under the Cadastral Survey Act 2002, unless an exemption is granted under that Act. The plan must be lodged with the chief executive and recorded in the cadastre.

Clause 32 provides for registration of an easement or lease acquired under clause 29.

Clause 33 provides that if the Commission acquires and registers an easement or lease over private land in accordance with clauses 29 to 32, it must publish a notice in the Gazette declaring the land to be a walkway, assigning a distinctive name to the walkway, and specifying any conditions imposed in relation to the walkway.

Clause 34 provides for registration of the Gazette notice declaring a walkway over private land, with particulars to be entered in the register.

Powers of Commission in relation to walkways

Clause 35 sets out the Commission's powers in relation to walkways, including powers relating to accessibility, the approval of facilities, amenities, and charges, powers in relation to committees, organisations, and controlling authorities, and powers of enforcement. The Commission must obtain the written consent of relevant landholders before approving facilities or charges, unless those matters are provided for in the terms of the relevant easement or licence.

Subpart 2—Rights of public and liability of landholders

Clause 36 provides that members of the public may, at any time and without charge,—

  • pass or repass over any walkway on foot; and

  • perform any activity that is reasonably incidental to that passing or repassing.

However, that right of foot access does not prevent a person who requires mobility assistance due to a physical or neurological impairment from using a personal mobility device on a walkway.

The rights conferred by clause 36 are subject to the provisions of the Bill and any other enactment relating to the administration or control of public land, and any conditions referred to in clause 24 or 33.

Clause 37 limits the liability of landholders of land on which a walkway is located.

Subpart 3—Controlling authorities

Clause 38 provides for the Commission to appoint a department, local authority, or other public body to be the controlling authority of a walkway. The Commission may also review and revoke the appointment of a controlling authority.

Before appointing a department as a controlling authority, or revoking its appointment, the Commission must obtain the consent of the Minister responsible for the department.

Clause 39 provides that if a walkway has been declared over public land under clause 27, the administering authority of the land is the controlling authority for the walkway. However, if the administering authority advises the Commission, in writing, that it does not consent to becoming the controlling authority, the Commission may instead appoint a controlling authority in accordance with clause 38.

If there is no controlling authority under clause 38 or 39, the Commission is the controlling authority.

Clause 40 sets out the functions and powers of controlling authorities. A controlling authority's functions relate to marking the line of a walkway, structures and notices on walkways, the control and use of walkways, and the promotion and maintenance of walkways. A controlling authority has the power to do anything that is reasonably necessary or desirable to enable it to carry out its functions, including the expenditure of money in respect of a walkway. In discharging its functions and powers, a controlling authority is responsible to the Commission.

Subpart 4—Closure and revocation of walkways

Clause 41 provides that a controlling authority, if it is satisfied that there are reasonable grounds for doing so, may close a walkway for safety reasons, during an emergency, for maintenance or development work, or if requested to do so by the landholder of land adjacent to the walkway. A controlling authority must close a walkway if it considers that the closure is necessary to comply with a condition imposed in relation to the walkway.

A walkway must be closed for no longer than the controlling authority considers is necessary, and the closure must be notified to the Commission and the public.

Clause 42 specifies how a closure must be notified to the public.

Clause 43 provides that the Commission may revoke the declaration of a walkway in whole or in part by notice in the Gazette.

Clause 44 provides for registration of the Gazette notice revoking the declaration of a walkway.

Clause 45 provides that if a revocation relates to a walkway over private land, the Commission must ensure that the relevant easement or lease is surrendered, and that the surrender is registered.

Part 4
Compliance and enforcement

Subpart 1—Enforcement officers and their powers

Appointment and removal

Clause 46 sets out the process by which the Commission may appoint and remove enforcement officers.

Clause 47 provides for sworn members of the police and fish and game rangers to be enforcement officers by right of office.

Clause 48 provides for the appointment and removal of honorary enforcement officers by the Commission.

Clause 49 sets out the requirement for written warrants to be issued by the Commission to enforcement officers and honorary enforcement officers and the terms that must be included in a warrant.

Clause 50 requires the surrender of a warrant on the termination of an appointment.

Powers of enforcement officers and honorary enforcement officers

Clause 51 relates to the manner of exercising powers by enforcement officers and honorary enforcement officers.

Clause 52 allows enforcement officers and honorary enforcement officers to enter a walkway with a vehicle or dog if necessary for the purpose of exercising their powers.

Clause 53 relates to the exercise of a power to prevent an offence or stop a person in the act of committing an offence.

Clause 54 confers on enforcement officers and honorary enforcement officers a power to require personal details to be given in certain circumstances.

Clause 55 provides protection against civil and criminal liability for persons exercising a power under this Part, unless bad faith is involved or there are no reasonable grounds for the person's conduct.

Subpart 2—Offences and penalties

Clause 56 relates to the commencement of proceedings under the Summary Proceedings Act 1957 for offences against this Bill. Information must be laid within 1 year of the time when the matter first became known or within 3 years after the offence was committed, whichever is the earlier.

Clause 57 sets out the strict liability offences against the Bill, clarifying the burden on the defendant to establish a defence that an activity is authorised.

Clause 58 provides for certain defences against strict liability offences, without limiting any other defences that may be available.

Clause 59 sets out conduct that constitutes an offence against the Bill if the requisite knowledge, intent, or recklessness is proven by the prosecution.

Clause 60 provides that in the event of an inconsistency between an offence under the Bill relating to the administration or control of public land and an offence under any other enactment, the provisions of that other enactment prevail in relation to the relevant land.

Penalties

Clause 61 provides a maximum penalty of $5,000 and $10,000 respectively, for conviction for strict liability offences and offences committed knowingly, intentionally, or recklessly.

Clause 62 sets out a further penalty for a continuing offence in relation to placing an obstruction on a walkway; and clauses 63 and 64 provide penalties for corporate offenders and set out the liability of directors and managers.

Clause 65 provides for a sentence of community work and clause 66 deals with the liability of offenders for loss, damage, or costs.

Clause 67 covers evidential matters.

Subpart 3—Miscellaneous provisions

Regulations and bylaws

Clause 68 sets out regulation-making powers and clauses 69 to 71 specify the requirements for a controlling authority to make bylaws, publicly notify them, and make them available to the public.

Transitional provisions

Clause 72 provides that entities that were appointed to be controlling authorities under the New Zealand Walkways Act 1990 (the 1990 Act) continue to have that function as if they had been appointed under the Bill.

Clause 73 provides that easements, leases, and agreements entered into before the commencement of the Bill for the purposes of the 1990 Act vest in the Commission under this Bill. However, clause 74 saves certain agreements made under the 1990 Act for administration by the Minister of Conservation.

Under clause 75, the money held before the commencement of this Bill in the Department of Conservation's Grants and Gifts Trust Account vests in the Commission, but must continue to be used for the purposes for which the money was granted.

Clause 76 provides that the Commission does not become liable for the acts or omissions of any person under the 1990 Act, though proceedings commenced before the commencement of this Bill may be carried on, completed, or enforced by or against the Director-General of Conservation as if the 1990 Act had not been repealed.

Review of Act

Clause 77 requires the Minister, 10 years after the commencement of the Bill, to consult with the Commission on the terms of reference for a review of the Bill, and to review the Bill by considering whether the Bill is needed, whether amendments are needed or desirable, and whether its operation and effectiveness have been satisfactory. Within 11 years of the commencement of the Bill, the Minister must report the findings and any recommendations of the review, and present a copy of the report to the House of Representatives.

Repeal and amendments

Clause 78 repeals the New Zealand Walkways Act 1990 and clause 79 provides for amendments to certain Acts, as set out in the Schedule.

Regulatory impact statement

Summary

The problem is the lack of authoritative information about public walking access rights to the countryside, the lack of adequate public access to and along the coast and rivers, to and around lakes and to other public land, the impact of changes in land ownership on voluntary access arrangements, and the lack of any satisfactory means of resolving disputes over access.

Adequacy

The policy proposal has no significant impact on economic growth, and it has therefore been reviewed within the Ministry of Agriculture and Forestry (MAF).

Status quo and problem

At present there is no public agency responsible for the provision of authoritative information about walking access rights to land. Land Information New Zealand (LINZ) is responsible for the maintenance of legal records about land ownership, but these are designed for the use of lawyers, surveyors, and other professional users rather than the public. Furthermore, this information needs to be related to topographic or photographic information to be of practical use for access.

LINZ is also responsible for the production of topographical maps, but these are designed primarily for the use of government agencies, and focus on the physical characteristics of the landscape rather than the legal status of the land. Publicly accessible land that does not have an obvious physical manifestation such as an unformed legal road and various forms of water margin access is not depicted. Some private roads and tracks are shown without any indication that the land is not open to the public.

There is a popular belief that there is a strip of public land called the Queen’s Chain around the coast and lakes and along rivers. In reality, there is a range of publicly reserved land of varying legal status along around two-thirds of the coast and perhaps along about half of the potential lake front and river margin. Precisely where this reserved land is cannot be readily identified by the public or landowners.

In addition, water margins move over time as the result of accretion and erosion, and this has affected water margin reserves so that their location can be uncertain in relation to current water margins, and their effectiveness may have been eliminated by being submerged by water.

In respect of water margin reserves, both the public and landowners are faced with regulatory uncertainty and inadequate property right identification.

Public access over land to water margins or to public land, such as national park or other publicly reserved land, is not always available or depends on the goodwill of affected landowners. In some instances there may be access over unformed legal roads, but these roads are generally incorporated in the adjacent farmland, are difficult to identify, and their use may be unlawfully obstructed by adjoining landowners (eg, by fences, buildings, or crops).

Changes in land ownership and accompanying changes in landowner attitude have meant that there has been a trend away from the tradition of landowners permitting or tolerating public access across their land. There is a concern that this trend will continue and result in long-term deterioration in recreational access opportunities.

Objectives

The objectives of the policy proposal are:

  • better information for the public and landowners about the location and scope of public walking access to land:

  • a means of creating new public access to land where there is a demonstrated need:

  • better co-ordination and policies by territorial authorities in terms of their powers and responsibilities for creating and enforcing public access:

  • a means of mediating disputes over access rights and ensuring where possible they can be resolved.

Options

Doing nothing is unlikely to improve the situation. It is possible that commercial providers of geographic information will attempt to fill the information gap by linking cadastral (legal) information about land ownership with topographical maps and/or aerial photography. However, to be useful and authoritative, the data needs expert interpretation and to come from a single recognised source.

There is no acknowledged or effective responsibility in central or local government that will provide the leadership and co-ordination to address the widespread concerns with access that have been identified during the extensive consultations that have been undertaken.

In 2004–05 the Government promoted a proposal to establish a deemed right of walking access along water margins, which was designed to reduce the uncertainty of water margin access and to fill gaps where there is no such access. The proposal was strongly objected to by farmers and other landowners on the grounds that the proposal represented an uncompensated taking of an interest in land. The Government decided to withdraw the proposal in the face of these objections.

The Government has agreed that there should be no new legal mechanism for the creation of access across private land. Rather, there should be reliance on existing legal instruments, including negotiated access. It has, however, agreed that there is a need to establish a means for the better identification of existing access, some form of leadership and co-ordination of existing mechanisms for creating and managing access, a mechanism for negotiating and funding new access, and a means for mediating disputes over access.

Three options have been identified for giving effect to the policy. These are: a branded unit in an existing government department; the creation of a new function within Sport and Recreation New Zealand (SPARC); and establishing a new Crown entity for access.

Preferred option

The preferred option is to establish a new Crown entity. The new entity will also take over operational responsibility for the New Zealand Walkways Act 1990 from the Department of Conservation. This will rationalise responsibility for walking access in 1 organisation, provide the new Crown entity with a valuable tool for creating 1 particular form of walking access, and revive a legislative mechanism that has become somewhat sidelined in the Department of Conservation because of lack of focus and a lack of dedicated funding.

The 3 options for implementation have been evaluated by a consultant who specialises in public sector reform. The consultant’s report concludes that:

  • a branded unit within a department is the least preferred option because it would be unlikely to provide the visibility and focus that is being sought, and would not be an appropriate option for the New Zealand Walkways Act 1990:

  • the merits of the SPARC option are evenly balanced against those for the Crown entity:

  • the focus, visibility, and leadership merits of a Crown entity need to be weighed against the capability and sustainability advantages of incorporating the function in a larger organisation, such as SPARC:

  • there are no material cost advantages with any of the alternatives.

The 3 options have also been considered by the Walking Access Advisory Board that includes representation from farming, local government, Māori, and recreation interests. The board is unanimous in its support of a Crown entity as the preferred option.

Implementation and review

Because the new policy is built around new access being implemented by negotiation and agreement, the compliance costs are unlikely to be significant.

It is proposed that the legislation provide for a review of its effectiveness and continuing need after a period of 10 years.

Consultation

Consultation over the underlying policy issues has extended over 4 years in 3 separate phases: a Land Access Ministerial Reference Group that consulted widely and reported to the then Associate Minister for Rural Affairs in 2002–03; a Walking Access Consultation Panel, formed after the Government withdrew its earlier policy proposal, which published an extensive consultation document, held a series of consultation meetings and sought and received a large number of written submissions (2004–06); and a Walking Access Advisory Board set up to provide advice on the implementation of the policy.

The current policy reflects the outcome of the work of the Walking Access Consultation Panel, and was the subject of consultation with government departments and Local Government New Zealand. Concerns raised by departments have been considered and taken into account.

Hon Damien O'Connor

Walking Access Bill

Government Bill

208—1

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Act binds the Crown

Part 2
New Zealand Walking Access Commission

Subpart 1—Establishment, objective, and functions of Commission

Establishment of Commission

6 New Zealand Walking Access Commission established

7 Commission is Crown entity

8 Board of Commission

Objective, functions, and priorities of Commission

9 Objective of Commission

10 Functions of Commission

11 Priorities for walking access over private land

Government Superannuation Fund

12 Current contributors to Government Superannuation Fund

13 No entitlement to recommence contributions to Government Superannuation Fund

14 Commission is controlling authority

Subpart 2—Code of Responsible Conduct

15 Purpose and status of code

16 Contents of code

17 Preparation of draft code

18 Notice of draft code to public

19 Matters to be considered

20 Issue of code

21 Amendment or revocation of code

22 Availability of code

Part 3
Walkways

Subpart 1—Establishment and administration of walkways

Establishment of walkways over public land

23 Proposal to declare walkway over public land

24 Administering authority must consent to walkway over public land

25 Public consultation and local authority consent required if public land is unformed legal road

26 Plan of walkway over public land

27 Declaration of walkway over public land

28 Registration of notice declaring walkway over public land

Establishment of walkways over private land

29 Negotiation of walkway over private land

30 Māori freehold land

31 Plan of walkway over private land

32 Registration of easement or lease over private land

33 Declaration of walkway over private land

34 Registration of notice declaring walkway over private land

Powers of Commission in relation to walkways

35 Powers of Commission in relation to walkways

Subpart 2—Rights of public and liability of landholders

36 Rights of public to use walkways

37 Limitation on liability of landholders

Subpart 3—Controlling authorities

38 Appointment of controlling authorities

39 Appointment of controlling authorities for walkways on public land

40 Functions and powers of controlling authorities

Subpart 4—Closure and revocation of walkways

41 Closure of walkways

42 Public notification of closure of walkway

43 Revocation of notice declaring walkway

44 Registration of notice revoking walkway

45 Surrender of easements and leases

Part 4
Compliance and enforcement

Subpart 1—Enforcement officers and their powers

Appointment and removal

46 Appointment and removal of enforcement officers

47 Other persons also enforcement officers under this Act

48 Appointment and removal of honorary enforcement officers

49 Warrants of appointment

50 Surrender of warrant

Powers of enforcement officers and honorary enforcement officers

51 Exercise of powers

52 Use of dog or vehicle

53 Power to interfere to prevent or stop offending

54 Power to require personal details

55 Protection of persons acting under authority of this Part

Subpart 2—Offences and penalties

56 How proceedings commenced

Offences

57 Strict liability offences

58 Defences to strict liability offences

59 Offences requiring knowledge, intent, or recklessness

60 Relationship with offence provisions in other enactments

Penalties

61 Penalties

62 Penalties for continuing offences

63 Penalties for bodies corporate

64 Liability of directors and managers

65 Sentence of community work

66 Offenders liable for loss, damage, or costs

67 Evidence in proceedings

Subpart 3—Miscellaneous provisions

Regulations and bylaws

68 Regulations

69 Bylaws

70 Bylaws to be approved by Commission

71 Responsibility of controlling authority to make bylaws available

Transitional provisions

72 Existing controlling authorities to continue

73 Easements, leases, and agreements to vest in Commission

74 Agreements made under New Zealand Walkways Act 1990

75 Grants and gifts to Commission

76 Liability of Commission

Review of Act

77 Minister must review Act

Repeal and amendments

78 New Zealand Walkways Act 1990 repealed

79 Acts amended

Schedule
Acts amended

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Walking Access Act 2008.

2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1
Preliminary provisions

3 Purpose

  • The purpose of this Act is—

    • (a) to provide the New Zealand public with safe, unimpeded walking access to the outdoors (such as around the coast and lakes, along rivers, and to public resources) so that the public can enjoy the outdoors; and

    • (b) to provide for walkways to be declared over public and private land; and

    • (c) to establish the New Zealand Walking Access Commission; and

    • (d) to make the Commission responsible for declaring and administering walkways and for encouraging and co-ordinating improvement of walking access and associated activities.

4 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    administering authority means any Minister, department, local authority, public body, or statutory officer that owns, controls, or administers any public land

    board means the board of the Commission

    board member means a member of the board

    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

    closed walkway means a walkway that is closed under section 41

    code of responsible conduct or code means the code of responsible conduct issued under section 20

    controlling authority means a body that—

    • (a) is appointed as a controlling authority under section 38; or

    • (b) becomes a controlling authority under section 39

    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 46 and warranted under section 49; and

    • (b) includes a person described in section 47

    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 (whether or not 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 48 and warranted under section 49

    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

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

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

    Māori 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—

    • (a) has the same meaning as mobility device in section 2(1) of the Land Transport Act 1998; but

    • (b) includes a device that—

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

      • (ii) is powered by hand

    private land means—

    • (a) any land (other than an unformed legal road) that is held in fee simple by any person other than the Crown:

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

    • (c) any land (other than an unformed legal road) that is held by a person under a lease or licence granted to that person by the Crown

    public land means any land that is not private land

    register has the same meaning as in section 2 of the Land Transfer Act 1952

    Registrar-General means the Registrar-General of Land appointed in accordance with section 4 of the Land Transfer Act 1952

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

    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 27 or 33; 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.

    (2) In this Act, dog, livestock, noxious weed, obstructs, plant, take, and wildlife have the meanings set out in section 57(4) or 59(4), as the case may be.

5 Act binds the Crown

  • This Act binds the Crown.

Part 2
New Zealand Walking Access Commission

Subpart 1—Establishment, objective, and functions of Commission

Establishment of Commission

6 New Zealand Walking Access Commission established

  • This section establishes the New Zealand Walking Access Commission.

7 Commission is Crown entity

  • (1) The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    (2) The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

8 Board of Commission

  • (1) The Commission consists of no fewer than 5, and no more than 8, members.

    (2) Members of the Commission are the board for the purposes of the Crown Entities Act 2004.

    (3) The Minister must, after consultation with the Minister of Maori Affairs, appoint at least 1 member who has a knowledge of tikanga Māori (Māori customary values and practices).

Objective, functions, and priorities of Commission

9 Objective of Commission

  • The objective of the Commission is to lead and support the establishment, maintenance, and improvement of walking access.

10 Functions of Commission

  • In meeting its objective under section 9, the Commission has the following functions:

    • (a) providing national leadership on walking access by—

      • (i) preparing and administering a national strategy; and

      • (ii) co-ordinating walking access among relevant stakeholders and central and local government organisations, including Sport and Recreation New Zealand:

    • (b) providing local and regional leadership on, and co-ordination of, walking access:

    • (c) compiling, holding, and publishing information about land over which members of the public have walking access:

    • (d) providing advice on walking access to the Minister or any other person:

    • (e) facilitating resolution of disputes about walking access, including initiating negotiations about disputed issues, mediating disputes, and referring disputes to an appropriate authority:

    • (f) creating and administering walkways under this Act, with planning and supervision focused at a local level:

    • (g) monitoring the compliance with, and enforcement of, this Act:

    • (h) negotiating with landholders to acquire walking access (other than walkways) over land:

    • (i) negotiating rights in addition to any walking access that is acquired, such as the right to carry firearms or of access with dogs, bicycles, or motor vehicles:

    • (j) administering a fund to finance the activities of the Commission, or any other person, in acquiring, developing, improving, maintaining, and administering walking access over any land:

    • (k) receiving and managing private funding, contributions, or sponsorship for the promotion of walking access:

    • (l) researching, educating the public about, and participating in topics and programmes related to walking access:

    • (m) developing, promoting, and maintaining the code of responsible conduct.

11 Priorities for walking access over private land

  • In negotiating walking access over private land, the Commission may give priority to obtaining walking access—

    • (a) over land on the coast where there is not already walking access over the foreshore or the land adjoining the foreshore on its landward side:

    • (b) over land adjoining rivers or lakes where there is not already walking access over the land:

    • (c) to parts of the coast, rivers, or lakes to which there is not already walking access:

    • (d) to replace walking access that has become obstructed (for example, by being submerged beneath a body of water):

    • (e) over any other land that the Minister notifies to the Commission.

Government Superannuation Fund

12 Current contributors to Government Superannuation Fund

  • (1) This section applies to any person who, immediately before being employed by the Commission, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956.

    (2) A person to whom subsection (1) applies is, for the purposes of the Government Superannuation Fund Act 1956, deemed to be employed in the Government service, and that Act applies to the person as if his or her service as an employee of the Commission were Government service.

    (3) A person ceases to be deemed to be employed in the Government service when that person ceases to be employed by the Commission.

13 No entitlement to recommence contributions to Government Superannuation Fund

  • Section 12 does not entitle a person to become a contributor to the Government Superannuation Fund if the person has (since being employed by the Commission) ceased to be a contributor.

14 Commission is controlling authority

  • For the purposes of applying the Government Superannuation Fund Act 1956 to a person referred to in section 12, the Commission is the controlling authority in relation to that person.

Subpart 2—Code of Responsible Conduct

15 Purpose and status of code

  • The purpose of sections 16 to 22 is to provide for the development and issue of a code of responsible conduct in relation to walking access for the general guidance of—

    • (a) users of walking access; and

    • (b) landholders of land on which walking access is located; and

    • (c) landholders of land adjacent to land on which walking access is located.

16 Contents of code

  • (1) The code may include all or any of the following:

    • (a) summaries of benefits conferred and obligations imposed, by this Act or any other enactment, on members of the public and relevant landholders in relation to walking access:

    • (b) recommendations on the standards of behaviour to be observed by users of walking access and relevant landholders:

    • (c) any other information that the Commission considers would be useful for users of walking access and relevant landholders.

    (2) The code may make recommendations that are specific to a local area or a region.

17 Preparation of draft code

  • The Commission must prepare a draft code as soon as practicable after the commencement of this Act.

18 Notice of draft code to public

  • (1) The Commission must, by any means it thinks appropriate,—

    • (a) give notice of the draft code to the public; and

    • (b) invite members of the public to comment on the draft code.

    (2) The Commission must ensure that—

    • (a) the notice is widely published; and

    • (b) the draft code is readily available to members of the public; and

    • (c) a reasonable period of time is allowed for members of the public to comment on the draft code.

    (3) The Commission must consider each comment it receives under this section.

19 Matters to be considered

  • (1) Before issuing a code under section 20, the Commission must—

    • (a) reconsider the content of the draft code; and

    • (b) be satisfied that the recommendations on standards of behaviour (if any) are appropriate.

    (2) In complying with subsection (1), the Commission must have regard to—

    • (a) any comments about the code received by the Commission; and

    • (b) the purpose of this Act; and

    • (c) any other matters that the Commission thinks are relevant to its considerations.

20 Issue of code

  • The Commission may issue the code at a time, and in a manner and form, that the Commission thinks appropriate.

21 Amendment or revocation of code

  • (1) The Commission may, at any time,—

    • (a) amend the code; or

    • (b) revoke the code and substitute another code.

    (2) Sections 17 to 20 apply, with all necessary modifications, to amendments to, or the revocation and substitution of, the code under subsection (1).

    (3) However, sections 17 to 20 do not apply to minor amendments that do not materially affect the code.

22 Availability of code

  • The Commission must ensure that copies of the code are readily available to members of the public—

    • (a) for inspection; and

    • (b) for purchase at a reasonable price.

Part 3
Walkways

Subpart 1—Establishment and administration of walkways

Establishment of walkways over public land

23 Proposal to declare walkway over public land

  • If the Commission considers that all or part of any public land should be made available for use as a walkway, it may propose to declare the land to be a walkway.

24 Administering authority must consent to walkway over public land

  • (1) If the Commission proposes to declare any public land to be a walkway, it must obtain the written consent of the administering authority of the land to do so.

    (2) If the administering authority consents to the declaration of the walkway, it may impose any conditions in relation to the walkway when granting consent.

25 Public consultation and local authority consent required if public land is unformed legal road

  • (1) This section applies if the Commission proposes to declare any public land to be a walkway and the land is or includes an unformed legal road.

    (2) The Commission must consult the public on the proposed declaration by—

    • (a) giving notice of the proposed declaration to the public using any means it thinks appropriate, and inviting members of the public to comment on it; and

    • (b) making the proposed declaration readily available to members of the public; and

    • (c) allowing a reasonable period of time for members of the public to comment on the proposed declaration; and

    • (d) considering each comment received under this subsection.

    (3) The Commission must also obtain the written consent of the local authority in whose district the land is located, after first—

    • (a) providing the local authority with any comments received under subsection (2); and

    • (b) allowing the local authority a reasonable period of time to consider the comments.

    (4) In deciding whether to consent to a proposed declaration, a local authority must consider each comment provided to it under subsection (3)(a).

    (5) If the local authority consents to the declaration of the walkway, it may impose any conditions in relation to the walkway when granting consent.

    (6) If the local authority consents to the declaration of the walkway, the landholders with legal frontage on, or direct access to, the unformed legal road retain the right to use the unformed legal road for the same purposes and to the same extent as if the walkway had not been declared.

26 Plan of walkway over public land

  • (1) Any public land that is to be declared a walkway must be defined on a plan.

    (2) The plan must define the land in accordance with rules made by the Surveyor-General under section 49 of the Cadastral Survey Act 2002, unless the Surveyor-General grants an exemption or specifies alternative requirements in accordance with section 47(5) of that Act.

    (3) The plan must be lodged with the chief executive and recorded in the cadastre.

27 Declaration of walkway over public land

  • (1) The Commission may, after complying with sections 24 to 26 in respect of a proposal to declare public land to be a walkway, publish a notice in the Gazette—

    • (a) declaring the land to be a walkway; and

    • (b) assigning a distinctive name to the walkway; and

    • (c) specifying any conditions imposed in relation to the walkway by the Commission or by the administering authority or local authority when granting consent to the walkway.

    (2) The declaration of a walkway by a notice published under subsection (1) takes effect—

    • (a) on the date specified in the notice; or

    • (b) if no date is specified, on the date of notification in the Gazette.

28 Registration of notice declaring walkway over public land

  • (1) If public land that is declared to be a walkway is subject to the Land Transfer Act 1952, the Commission must lodge with the Registrar-General a copy of the Gazette notice referred to in section 27(1).

    (2) The Registrar-General must record the particulars of the Gazette notice in the register.

Establishment of walkways over private land

29 Negotiation of walkway over private land

  • If the Commission considers that all or part of any private land should be made available for use as a walkway, it may negotiate with the landholder to acquire an easement or lease over the land for use as a walkway.

30 Māori freehold land

  • (1) If the Commission proposes to negotiate under section 29 for an easement or lease over Māori freehold land, for use as a walkway, it must do so—

    • (a) in the case of Māori freehold land vested in the trustees of a trust constituted under Part 12 of Te Ture Whenua Maori Act 1993, with the trustees of that trust; and

    • (b) in the case of Māori freehold land vested in a Māori incorporation, within the meaning of Te Ture Whenua Maori Act 1993, with that incorporation; and

    • (c) in the case of Māori freehold land vested other than in trustees or an incorporation referred to in paragraph (a) or (b), with the sole owner, joint tenants, or owners in common of that land, as the case may be; and

    • (d) in the case of Māori freehold land owned, vested, or held in any other capacity, with the person in whose name the land is registered.

    (2) The provisions of Te Ture Whenua Maori Act 1993 apply to any easement or lease acquired for use as a walkway over Māori freehold land.

31 Plan of walkway over private land

  • (1) An easement or lease acquired under section 29 must be supported by a plan that defines the land over which the easement or lease is granted.

    (2) The plan must define the land in accordance with rules made by the Surveyor-General under section 49 of the Cadastral Survey Act 2002, unless the Surveyor-General grants an exemption or specifies alternative requirements in accordance with section 47(5) of that Act.

    (3) The plan must be lodged with the chief executive and recorded in the cadastre.

32 Registration of easement or lease over private land

  • (1) The Commission must lodge with the Registrar-General an easement or lease acquired under section 29 in a form registrable under the Land Transfer Act 1952.

    (2) On receipt of the easement or lease, the Registrar-General must register the easement or lease.

33 Declaration of walkway over private land

  • (1) If the Commission acquires and registers an easement or lease over private land in accordance with sections 29 to 32, it must publish a notice in the Gazette—

    • (a) declaring the land to be a walkway; and

    • (b) assigning a distinctive name to the walkway; and

    • (c) specifying any conditions imposed under the easement or lease in relation to the walkway.

    (2) The declaration of a walkway by a notice published under subsection (1) takes effect—

    • (a) on the date specified in the notice; or

    • (b) if no date is specified, on the date of notification in the Gazette.

34 Registration of notice declaring walkway over private land

  • (1) The Commission must lodge with the Registrar-General a copy of the Gazette notice referred to in section 33(1).

    (2) The Registrar-General must record the particulars of the Gazette notice in the register.

Powers of Commission in relation to walkways

35 Powers of Commission in relation to walkways

  • (1) The Commission's powers in relation to walkways include the power to—

    • (a) make any arrangements that the Commission considers necessary or desirable to make a walkway reasonably accessible to members of the public:

    • (b) approve the establishment of camping grounds, huts, hostels, accommodation houses, or other facilities or amenities on or adjacent to walkways:

    • (c) approve charges for the use of facilities or amenities on walkways:

    • (d) promote, supervise, or control activities of committees appointed, or organisations approved, by the Commission for the establishment or enjoyment of walkways by the public:

    • (e) monitor controlling authorities in the exercise of their powers and performance of their functions:

    • (f) provide for enforcement under Part 4.

    (2) Before giving its approval under subsection (1)(b) or (c), the Commission must obtain written consent for those matters from the landholder of the land on which the walkway is located, unless the terms of the easement or lease acquired under section 29 provide for those matters.

Subpart 2—Rights of public and liability of landholders

36 Rights of public to use walkways

  • (1) Members of the public may, at any time and without charge,—

    • (a) pass or repass over any walkway on foot; and

    • (b) perform any activity that is reasonably incidental to that passing or repassing.

    (2) Subsection (1) does not prevent any member of the public who requires mobility assistance due to a physical or neurological impairment from using a personal mobility device on a walkway.

    (3) Subsections (1) and (2) are subject to—

    • (a) the provisions of this Act and any other enactment relating to the administration or control of public land; and

    • (b) any conditions referred to in section 27(1)(c) or 33(1)(c).

37 Limitation on liability of landholders

  • (1) A landholder is not liable for any loss or damage suffered by a person using a walkway on that landholder’s land.

    (2) The liability referred to in subsection (1)—

    • (a) means liability under—

      • (i) the Occupiers’ Liability Act 1962; or

      • (ii) any common law rule referred to in section 3 of that Act; and

    • (b) includes liability for both compensatory and exemplary damages.

    (3) However, subsection (1) does not apply to any loss or damage caused by the landholder’s deliberate act or omission.

Subpart 3—Controlling authorities

38 Appointment of controlling authorities

  • (1) The Commission may appoint a department, local authority, public body, or statutory officer to be the controlling authority of a walkway.

    (2) The Commission may, at any time, review an appointment made under subsection (1) and, if the Commission thinks fit, revoke the appointment.

    (3) However, before appointing a department under subsection (1) or revoking the appointment of a department under subsection (2), the Commission must obtain the consent of the Minister responsible for the department.

    (4) A local authority may be appointed as the controlling authority of a walkway, whether that walkway is situated within or outside the local authority’s district.

    (5) This section is subject to section 39.

39 Appointment of controlling authorities for walkways on public land

  • (1) If public land has been declared to be a walkway under section 27, the administering authority of the land is the controlling authority for the walkway.

    (2) However, if the administering authority advises the Commission, in writing, that it does not consent to becoming the controlling authority,—

    • (a) subsection (1) does not apply; and

    • (b) the Commission may appoint a controlling authority in accordance with section 38.

    (3) If there is no controlling authority under this section or section 38, the Commission is the controlling authority.

    (4) To avoid doubt, if the Commission becomes the controlling authority under subsection (3), the Commission may subsequently, in accordance with section 38, appoint another person to be the controlling authority in place of the Commission.

40 Functions and powers of controlling authorities

  • (1) A controlling authority of a walkway has the following functions:

    • (a) erecting and maintaining poles, markers, or other suitable indicators to mark the line of the walkway:

    • (b) erecting and maintaining, at the controlling authority’s discretion,—

      • (i) any stiles, fences, or other structures that are necessary or desirable to enable members of the public to use the walkway:

      • (ii) notices warning members of the public who use the walkway not to trespass on any land adjacent to the walkway:

    • (c) providing for the proper control and use of the walkway:

    • (d) generally promoting and maintaining the walkway for the pleasure, safety, and welfare of members of the public.

    (2) A controlling authority of a walkway has the power to do anything that is reasonably necessary or desirable to enable it to carry out its functions, including—

    • (a) developing, improving, and maintaining the walkway:

    • (b) establishing any camping grounds, huts, hostels, accommodation houses, or other facilities or amenities, as approved by the Commission, on or adjacent to the walkway:

    • (c) imposing charges, as approved by the Commission, for the use of facilities or amenities on the walkway:

    • (d) spending money in the discharge of its functions and powers in respect of the walkway, as long as the controlling authority is not prohibited from doing so by another enactment or any rule of law.

    (3) In discharging its functions and powers under subsections (1) and (2), a controlling authority is responsible to the Commission.

Subpart 4—Closure and revocation of walkways

41 Closure of walkways

  • (1) A controlling authority may close a walkway if it is satisfied on reasonable grounds that the walkway should be closed—

    • (a) for safety reasons; or

    • (b) during an emergency; or

    • (c) for maintenance or development work on the walkway; or

    • (d) at the request of the landholder of land adjacent to the walkway.

    (2) A controlling authority must close a walkway if it considers that the closure is necessary to comply with a condition referred to in section 27(1)(c) or 33(1)(c).

    (3) A walkway must not be closed for any longer than the controlling authority considers necessary.

    (4) A controlling authority—

    • (a) must notify the Commission of a closure—

      • (i) in advance of the closure (if advance notice is reasonably practicable); or

      • (ii) immediately after the closure (if advance notice is not reasonably practicable); and

    • (b) must notify members of the public of a closure in accordance with section 42.

42 Public notification of closure of walkway

  • (1) A closure must be publicly notified—

    • (a) by signs erected at all points at which the closed walkway could be entered; and

    • (b) by notice in at least 1 daily newspaper circulating in the area in which the walkway is situated.

    (2) All signs and notices under subsection (1) must specify—

    • (a) the name of the walkway; and

    • (b) the period during with the walkway will be closed; and

    • (c) that it is an offence to enter the walkway during the period of closure; and

    • (d) the reason for the closure.

    (3) A closure is not invalid merely because a notice required under subsection (1)(b)—

    • (a) was not published; or

    • (b) was published late; or

    • (c) did not contain the information required by subsection (2).

43 Revocation of notice declaring walkway

  • (1) The Commission may revoke, in whole or in part, any declaration of a walkway made under section 27 or 33.

    (2) A revocation under subsection (1)—

    • (a) must be notified in the Gazette; and

    • (b) takes effect—

      • (i) on the date specified in the notice; or

      • (ii) if no date is specified, on the date of notification in the Gazette.

44 Registration of notice revoking walkway

  • (1) If a walkway is revoked under section 43 in respect of land that is subject to the Land Transfer Act 1952, the Commission must lodge with the Registrar-General a copy of the Gazette notice referred to in section 43(2).

    (2) The Registrar-General must record the particulars of the Gazette notice in the register.

45 Surrender of easements and leases

  • If a walkway declared under section 33 is revoked under section 43, the Commission must ensure that, as soon as is reasonably practicable,—

    • (a) the easement or lease relating to the former walkway is surrendered; and

    • (b) the surrender is registered.

Part 4
Compliance and enforcement

Subpart 1—Enforcement officers and their powers

Appointment and removal

46 Appointment and removal of enforcement officers

  • (1) The Commission may, by written notice, appoint as enforcement officers—

    • (a) people who are suitably qualified and trained:

    • (b) on the recommendation of a controlling authority, officers of the controlling authority who are suitably qualified and trained.

    (2) An enforcement officer—

    • (a) is appointed for a term not exceeding 3 years, but may be reappointed:

    • (b) may be removed from office by the Commission, by written notice, for inability to perform the functions of the office, legal incapacity, neglect of duty, or misconduct, proved to the satisfaction of the Commission:

    • (c) may at any time resign office by written notice to the Commission.

    (3) An enforcement officer appointed under subsection (1) is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 or the State Sector Act 1988 just because the person is an enforcement officer.

47 Other persons also enforcement officers under this Act

  • The following persons are, by right of office, also enforcement officers for the purposes of this Act:

    • (a) every sworn member of the police; and

    • (b) every fish and game ranger and warranted officer, within the meaning of section 2(1) of the Conservation Act 1987.

48 Appointment and removal of honorary enforcement officers

  • (1) The Commission may, by written notice, appoint fit and proper people who are suitably qualified and trained to be honorary enforcement officers.

    (2) An honorary enforcement officer—

    • (a) is appointed for a term not exceeding 3 years, but may be reappointed; and

    • (b) may be removed from office by the Commission, by written notice, if the Commission considers for any reason that the person is no longer a fit and proper person to be an honorary enforcement officer; and

    • (c) may at any time resign office by written notice to the Commission.

    (3) The Commission may reimburse an honorary enforcement officer for reasonable expenses incurred while performing his or her duties under this Act if the Commission—

    • (a) has authorised the officer to incur expenses up to a specified amount; and

    • (b) has subsequently approved those expenses.

    (4) An honorary enforcement officer is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 or the State Sector Act 1988 just because the person is an honorary enforcement officer.

49 Warrants of appointment

  • (1) The Commission must issue a written warrant to—

    • (a) every enforcement officer appointed under section 46(1); and

    • (b) every honorary enforcement officer appointed under section 48(1).

    (2) A warrant of appointment must state—

    • (a) the powers the officer may exercise under sections 53 and 54; and

    • (b) the area or areas in relation to which the officer may exercise the powers, or that the officer may exercise the powers throughout New Zealand.

50 Surrender of warrant

  • On the termination of the appointment of an enforcement officer or honorary enforcement officer, the officer must surrender to the Commission—

    • (a) his or her warrant issued under section 49; and

    • (b) any article of uniform, badge of office, or equipment issued to the officer.

Powers of enforcement officers and honorary enforcement officers

51 Exercise of powers

  • (1) Before an enforcement officer or honorary enforcement officer exercises his or her powers under this Part, the officer must produce his or her warrant of appointment (unless it would be impracticable to do so).

    (2) It is sufficient evidence that a person is an officer under this Part if the person produces—

    • (a) his or her warrant of appointment as an enforcement officer or honorary enforcement officer; or

    • (b) evidence that the officer holds an office described in section 47.

    (3) An enforcement officer or honorary enforcement officer exercising a power under this Part may call on any person in the vicinity for assistance, and the person called upon is authorised to assist the officer, as long as the person acts under the direction and supervision of the officer.

52 Use of dog or vehicle

  • An enforcement officer or honorary enforcement officer exercising a power under this Part may enter onto a walkway with a vehicle or a dog if the officer believes, on reasonable grounds, that the vehicle or dog is necessary for the purposes of exercising the power.

53 Power to interfere to prevent or stop offending

  • An enforcement officer or honorary enforcement officer may—

    • (a) summarily interfere to prevent an offence; and

    • (b) require a person whom he or she believes on reasonable grounds to be committing, or to be about to commit, an offence, to stop doing an act.

54 Power to require personal details

  • If an enforcement officer or honorary enforcement officer believes, on reasonable grounds, that a person has committed, is committing, or is about to commit, an offence, the enforcement officer may require that person—

    • (a) to give his or her full name, residential address, and date of birth; and

    • (b) to produce evidence of his or her full name, residential address, and date of birth.

55 Protection of persons acting under authority of this Part

  • A person who does, or omits to do, an act in the course of performing a duty or exercising a power under this Part is under no civil or criminal liability for that act or omission unless the person acts, or omits to act, in bad faith or without reasonable grounds.

Subpart 2—Offences and penalties

56 How proceedings commenced

  • (1) Despite section 14 of the Summary Proceedings Act 1957, proceedings for offences are commenced by laying an information under that Act not later than 1 year after the commission of the offence.

    (2) Any person, including the Commission, an enforcement officer, or an honorary enforcement officer, may lay an information.

Offences

57 Strict liability offences

  • (1) Every person commits an offence who, without lawful authority,—

    • (a) takes any plant (other than a noxious weed) from a walkway or from land adjacent to a walkway; or

    • (b) has in his or her possession a firearm while on a walkway; or

    • (c) discharges a firearm on a walkway or on land adjacent to a walkway; or

    • (d) brings a horse or dog onto, or has control of a horse or dog on, a walkway; or

    • (e) sets a net, trap, or snare, or places poison or explosives, on a walkway or on land adjacent to a walkway (except a net or trap set for the purposes of fishing in a water body or lake adjacent to a walkway); or

    • (f) lights a fire on a walkway (other than in a fireplace provided by the controlling authority responsible for the walkway); or

    • (g) having lit a fire on a walkway in a fireplace provided by the controlling authority, fails to extinguish the fire before leaving the walkway; or

    • (h) uses a vehicle on a walkway; or

    • (i) erects a structure on or over a walkway.

    (2) The onus is on the defendant to prove that at the time of the alleged offence an activity is authorised.

    (3) In prosecuting an offence against subsection (1), the prosecution does not need to prove that the defendant—

    • (a) intentionally or recklessly committed the offence; or

    • (b) knew that the offence occurred in or in relation to a walkway.

    (4) In this section,—

    dog does not include a companion dog or guide dog, within the meaning of section 2(1) of the Conservation Act 1987

    noxious weed means any plant specified as a pest in a pest management strategy made under Part 5 of the Biosecurity Act 1993

    plant—

    • (a) means any member of the plant kingdom and any part of or seed or spore from any plant; and

    • (b) includes any algae, bacteria, or fungi

    take, in relation to all or part of a plant on land on which a walkway is located or land adjacent to that land, includes cut, damage, destroy, disturb, remove, transplant, uplift, and uproot,—

    • (a) by any means; and

    • (b) whether or not the plant or part of it is removed from, or subsequently returned alive or dead to, the land.

58 Defences to strict liability offences

  • (1) It is a defence to an offence against section 57(1) if the defendant proves—

    • (a) that the defendant took all reasonable steps to ensure that the offence was not committed; or

    • (b) that the act or omission of the defendant took place or occurred in an emergency and was consistent with providing for the safety and welfare of a person.

    (2) A person is not guilty of an offence against section 57(1) in relation to a walkway if that person—

    • (a) was at the time the landholder of the land on which the walkway is located; or

    • (b) did that thing—

      • (i) with the permission of the landholder of the relevant land; or

      • (ii) in accordance with an agreement between the landholder of the relevant land and the controlling authority.

    (3) The defences set out in this section do not limit any other defences that may be available.

59 Offences requiring knowledge, intent, or recklessness

  • (1) Every person commits an offence who, without authority from the landholder on whose land a walkway is located or, if relevant, the landholder of the land adjacent to the walkway,—

    • (a) enters or remains on the walkway if the walkway is closed under section 41; or

    • (b) interferes with or disturbs livestock or wildlife on the walkway or on land adjacent to the walkway; or

    • (c) damages, destroys, or alters a structure that is on or over the walkway or on land adjacent to the walkway.

    (2) Every person commits an offence who—

    • (a) obstructs walking access on or over a walkway; or

    • (b) after being required to remove an obstruction that is on or over a walkway by an enforcement officer or honorary enforcement officer, fails to remove the obstruction; or

    • (c) makes a false report that an offence against section 57 or this section has been committed; or

    • (d) annoys, disturbs, or endangers—

      • (i) any person using a walkway; or

      • (ii) an enforcement officer, an honorary enforcement officer, or the landholder on whose land a walkway is located or whose land is adjacent to a walkway; or

    • (e) obstructs, threatens, or attempts to intimidate—

      • (i) the landholder on whose land a walkway is located or whose land is adjacent to a walkway; or

      • (ii) a person using a walkway; or

    • (f) fails to comply with a requirement of an enforcement officer or honorary enforcement officer acting under section 54; or

    • (g) impersonates or falsely represents himself or herself to be an enforcement officer or honorary enforcement officer or a person acting under the instructions of an officer; or

    • (h) while an enforcement officer or honorary enforcement officer is acting in the exercise of his or her powers or in the discharge of his or her duties under this Part, obstructs, resists, threatens, or attempts to intimidate the officer or any person acting under the instructions of the officer, or uses language that is abusive or threatening to the officer or assisting person, or behaves in a threatening manner to the officer or assisting person.

    (3) In prosecuting an offence against subsection (1) or (2), the prosecution must prove that the defendant knowingly, intentionally, or recklessly committed the offence.

    (4) In this section, —

    livestock has the same meaning as in section 2(1) of the Conservation Act 1987

    obstructs includes erecting a false or misleading notice or sign on any walkway or adjacent land

    wildlife has the same meaning as in section 2(1) of the Wildlife Act 1953.

60 Relationship with offence provisions in other enactments

  • If there is an inconsistency between an offence under this Act relating to the administration or control of public land and an offence under any other enactment relating to the administration or control of public land, the provisions of that other enactment prevail.

Penalties

61 Penalties

  • (1) A person who commits an offence against section 57 is liable on summary conviction to a fine not exceeding $5,000.

    (2) A person who commits an offence against section 59 is liable on summary conviction to a fine not exceeding $10,000.

62 Penalties for continuing offences

  • A person who commits an offence against section 59(2)(b) is liable, in addition to the penalty for the offence, to a fine not exceeding $100 for each day or part of a day that the offence continues after he or she has been required to stop the offence.

63 Penalties for bodies corporate

  • A body corporate that commits an offence against section 57 or 59 is liable on summary conviction to a fine not exceeding 5 times the maximum fine otherwise provided for the offence.

64 Liability of directors and managers

  • If a body corporate is convicted of an offence, every director and every person concerned in the management of the body is guilty of the same offence, if the prosecution proves—

    • (a) that the act or omission that constituted the offence took place or occurred with the director’s or the manager’s authority, permission, or consent; or

    • (b) that the director or the manager knew or could reasonably be expected to have known that the offence was committed, was being committed, or was about to be committed, and failed to take all reasonable steps to prevent or stop it.

65 Sentence of community work

  • A court may sentence a person who commits an offence against section 57 or 59 to a community-based sentence, whether or not the offence is punishable by imprisonment; and the provisions of subpart 2 of Part 2 of the Sentencing Act 2002 apply accordingly.

66 Offenders liable for loss, damage, or costs

  • (1) A person convicted of an offence under this Part is liable, in addition to the penalty for the offence, for any loss, damage, and expenses arising from, or caused by, the act or omission constituting the offence, including (as the case may be)—

    • (a) the full market value of any thing removed from a walkway or from land adjacent to a walkway; and

    • (b) the reasonable costs—

      • (i) of returning any animals or plants to the walkway or to land adjacent to the walkway; and

      • (ii) of repairing any damage done to the walkway or to land adjacent to the walkway; and

    • (c) all necessary and reasonable actions required to—

      • (i) remedy any loss caused by the offence; or

      • (ii) prevent an offence.

    (2) In assessing an amount payable under subsection (1), the court may take into account the salaries, wages, and incidental expenses incurred in investigating the act constituting the offence or in remedying any loss or damage caused by the offence.

    (3) An amount payable under subsection (1) may be awarded by the court in fixing a penalty and is recoverable in the same manner as a fine.

67 Evidence in proceedings

  • (1) In any proceedings for an offence, a certificate, lease, licence, map, plan, or copy certified as true by the Commission, the Director-General of Conservation, or the chief executive (or an officer authorised by the Commission, the Director-General of Conservation, or the chief executive) is sufficient evidence of its contents—

    • (a) without production of the original records; and

    • (b) without the personal attendance of the certifying officer or proof of his or her signature.

    (2) Subsection (1) applies unless the defendant adduces evidence to the contrary and the interests of justice require the attendance of the certifying officer.

Subpart 3—Miscellaneous provisions

Regulations and bylaws

68 Regulations

  • (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

    • (a) providing for the maintenance of good order on walkways:

    • (b) providing for the conditions under which the public may enter, remain on, or use any walkway:

    • (c) prescribing conditions applying and charges payable in respect of the use of facilities on any walkway:

    • (d) providing for strict liability offences in the event of a breach of any regulation and prescribing penalties, not exceeding $1,000, for those offences:

    • (e) providing for any other matters contemplated by or necessary to give full effect to this Act and for its due administration.

    (2) Regulations made under this section may apply—

    • (a) throughout New Zealand; or

    • (b) to an area specified in the regulations; or

    • (c) to any walkway specified in the regulations.

69 Bylaws

  • (1) A controlling authority (other than a department that is a controlling authority) may make bylaws for the following purposes:

    • (a) providing for the maintenance of good order on walkways:

    • (b) providing for the conditions under which the public may use any walkway.

    (2) Bylaws apply to any walkway—

    • (a) over which the controlling authority has jurisdiction; and

    • (b) that is specified in the bylaws.

    (3) Bylaws made under subsection (1)—

    • (a) must not be inconsistent with this Act or any regulations made under section 68; and

    • (b) must be made,—

      • (i) if the controlling authority is a local authority, in accordance with section 156(1) of the Local Government Act 2002, as if they were made under that Act; or

      • (ii) if the controlling authority is not a local authority, by resolution of the controlling authority and signed by at least 2 members of the controlling authority who are authorised to do so.

    (4) Despite anything to the contrary in this Act or in any other enactment, the controlling authority must not delegate the power conferred by subsection (1).

    (5) A person who fails to comply with any bylaw made under this section contravenes this subsection and is liable, on summary conviction, to a fine not exceeding $1,000.

70 Bylaws to be approved by Commission

  • (1) Bylaws made under section 69 do not come into force until they have been—

    • (a) approved by the Commission; and

    • (b) published in the Gazette.

    (2) Publication under subsection (1)(b) is, in the absence of proof to the contrary, evidence that the bylaws have been properly made and approved under this Part.

    (3) Despite the requirement for approval and publication of a bylaw by the Commission under subsection (1), a controlling authority may, by resolution that is publicly notified, make minor changes to, or correct errors in a bylaw, but only if the changes or corrections do not affect—

    • (a) an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or

    • (b) an existing status or capacity of any person to whom the bylaw applies.

    (4) In this section and section 71, publicly notify means to give notice—

    • (a) in a daily or other newspaper circulating in the area where the walkway is located; and

    • (b) if the controlling authority thinks desirable in the circumstances, by any other method of giving public notice.

71 Responsibility of controlling authority to make bylaws available

  • The controlling authority responsible for making a bylaw under section 69 must, as soon as practicable after the bylaw is in force under section 70(1),—

    • (a) publicly notify the bylaw; and

    • (b) ensure that copies of the bylaw are held and may be inspected and purchased—

      • (i) at the office of the controlling authority; and

      • (ii) if the controlling authority is not a local authority, at the office of the local authority.

Transitional provisions

72 Existing controlling authorities to continue

  • An entity that, immediately before the commencement of this Act, is a controlling authority appointed under section 11 of the New Zealand Walkways Act 1990 is to be treated as a controlling authority under this Act.

73 Easements, leases, and agreements to vest in Commission

  • (1) On the commencement of this Act, all easements, leases, and agreements entered into for the purposes of the New Zealand Walkways Act 1990 and in existence immediately before the commencement of this Act vest in the Commission.

    (2) Subsection (1) has effect whether or not any enactment, deed, or agreement permits the vesting or requires consent to the vesting.

    (3) This section is subject to section 74.

74 Agreements made under New Zealand Walkways Act 1990

  • (1) This section applies to all agreements—

    • (a) made under section 16(1)(a) of the New Zealand Walkways Act 1990; and

    • (b) that were in existence immediately before the commencement of this Act.

    (2) The agreements referred to in subsection (1) are administered by the Minister of Conservation.

    (3) To avoid doubt, subsection (2) does not apply to negotiations—

    • (a) commenced for the purpose of reaching an agreement under section 16(1)(a) of the New Zealand Walkways Act 1990; but

    • (b) not concluded before the commencement of this Act.

75 Grants and gifts to Commission

  • (1) All money held in the Department of Conservation Grants and Gifts Trust Account (a Trust Bank Account established under section 67 of the Public Finance Act 1989) immediately before the commencement of this Act—

    • (a) vests in the Commission; and

    • (b) must be applied for the purposes for which the money was granted or gifted.

    (2) The vesting referred to in subsection (1)(a) occurs on the commencement of this Act.

76 Liability of Commission

  • (1) The Commission is not liable for acts or omissions of any person under the New Zealand Walkways Act 1990.

    (2) However, a proceeding commenced under the New Zealand Walkways Act 1990 that, immediately before the commencement of this Act, is pending by or against the Director-General of Conservation may be carried on, completed, or enforced by or against the Director-General of Conservation as if that Act had not been repealed.

Review of Act

77 Minister must review Act

  • (1) The Minister must, as soon as is reasonably practicable after the expiry of the period of 10 years from the commencement of this Act,—

    • (a) prepare the terms of reference for a review of the Act, after consultation with the Commission; and

    • (b) commence a review in accordance with those terms of reference to consider—

      • (i) the need for this Act; and

      • (ii) its operation and effectiveness; and

      • (iii) whether any amendments to this Act are necessary or desirable.

    (2) Within 11 years of the commencement of this Act, the Minister must—

    • (a) report on the findings of the review and any recommendations relating to this Act; and

    • (b) present a copy of the report to the House of Representatives.

Repeal and amendments

78 New Zealand Walkways Act 1990 repealed

  • The New Zealand Walkways Act 1990 (1990 No 32) is repealed.

79 Acts amended

  • The Acts specified in the Schedule are amended in the manner indicated in that schedule.

Schedule
Acts amended

s 79

Consequential amendments to Acts

Conservation Act 1987 (1987 No 65)

Definition of walkway in section 2(1): repeal.

Section 6B(1): omit “the New Zealand Walkways Act 1990,” in each place where it appears.

Section 6B(1)(f): repeal.

Section 6M(1)(e): repeal.

Section 17C(1): omit “the New Zealand Walkways Act 1990,”.

Section 17D(1): omit “the New Zealand Walkways Act 1990,”.

Section 26ZS(1)(e): repeal.

Item relating to the New Zealand Walkways Act 1990 in Schedule 1: omit.

Crown Entities Act 2004 (2004 No 115)

Part 1 of Schedule 1: insert the following item in its appropriate alphabetical order:

NameExemption from acquisition of securities, borrowing, guarantee, and derivative rulesExemption from section 165 (net surplus payable to Crown)
 S 161S 162S 163S 164 
New Zealand Walking Access Commission     
Crown Pastoral Land Act 1998 (1998 No 65)

Paragraph (a) of the definition of protective mechanism in section 2: omit “section 8 of the New Zealand Walkways Act 1990” and substitute “sections 29 to 32 of the Walking Access Act 2008”.

Heading above section 59: omit “of Minister of Conservation”.

Heading to section 59: omit “of Minister of Conservation”.

Section 59(a): omit “Reserves Act 1977,” and substitute “Reserves Act 1977 or”.

Section 59(a): omit “or section 8 of the New Zealand Walkways Act 1990”.

Section 59: add as subsection (2):

  • “(2) Without the prior written consent of the New Zealand Walking Access Commission (established by section 6 of the Walking Access Act 2008), a substantive proposal may not designate any land as land to be disposed of subject to the creation of an easement under sections 29 to 32 of the Walking Access Act 2008.”

Section 80(3): omit “section 8 of the New Zealand Walkways Act 1990” and substitute “sections 29 to 32 of the Walking Access Act 2008”.

Section 80(3)(a)(ii): omit “Director-General of Conservation” and substitute “New Zealand Walking Access Commission (established by section 6 of that Act)”.

Section 80(3)(b): repeal and substitute:

  • “(b) the New Zealand Walking Access Commission must promptly do all acts necessary to enable the creation of the easement.”

Hauraki Gulf Marine Park Act 2000 (2000 No 1)

Section 11(1)(h): repeal.

Item relating to the New Zealand Walkways Act 1990 in Schedule 1: omit.

Schedule 1: insert in its appropriate alphabetical order “Walking Access Act 2008”.

Litter Act 1979 (1979 No 41)

Paragraph (l) of the definition of public place in section 2(1): omit “section 2 of the New Zealand Walkways Act 1975” and substitute “section 4 of the Walking Access Act 2008”.

Section 6(1)(f): repeal and substitute:

  • “(f) every enforcement officer and honorary enforcement officer within the meaning of the Walking Access Act 2008 while that officer is acting in the exercise of his or her powers and the discharge of his or her duties on any walkway:”.

Ombudsmen Act 1975 (1975 No 9)

Part 2 of Schedule 1: insert the following item in its appropriate alphabetical order:

“New Zealand Walking Access Commission”.

Summit Road (Canterbury) Protection Act 2001 (2001 No 3(L))

Definition of walkway in section 4(1): repeal and substitute:

“walkway has the same meaning as in section 4 of the Walking Access Act 2008”.