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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Damien O'Connor

Walking Access Bill

Government Bill

208—2

As reported from the Local Government and Environment Committee

Contents

Part 1
Preliminary provisions

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 Consideration of 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: Establishment and administration

Subpart 1—Establishment of walkways

Establishment of walkways over public land

23 Proposal to declare walkway over public land

24 Administering authority's consent required for 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

26A Name 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 Maori freehold land

31 Plan of walkway over private land

32 Registration of easement, lease, or transfer

32A Name of walkway 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 powers of Commission in relation to walkways

36 Rights of public to use walkways

~~37 Limitation on liability of landholders~~

37A Powers of Commission in relation to walkways

Subpart 3—Controlling authorities of walkways

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, enforcement, and miscellaneous provisions

Subpart 1—Enforcement officers and their powers in relation to walkways

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 in relation to walkways

56 How proceedings commenced

57 Strict liability offences

58 Defences to strict liability offences

59 Offences requiring knowledge, intent, or recklessness

59A Not offence if authorised by regulations

60 Relationship with offence provisions in other enactments

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

Liability of landholders in relation to walking access

67A Limitation on liability of landholders

Regulations and bylaws in relation to walkways

70 Bylaws to be approved by Commission

71 Responsibility of controlling authority to make bylaws available

71A Certain other requirements do not apply to bylaws

Transitional provisions

72 Existing controlling authorities of walkways 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

Government Superannuation Fund in relation to Commission

76A Current contributors to Government Superannuation Fund

76B No entitlement to recommence contributions to Government Superannuation Fund

76C Commission is controlling authority

77 Minister must review Act

Repeal and amendments

78 New Zealand Walkways Act 1990 repealed

79 Acts amended

Schedule
Acts amended

Legislative history

The Parliament of New Zealand enacts as follows: