O'Connor Damien: Walking Access Bill — Second Reading 
O'Connor Damien: Walking Access Bill — Second Reading 
[Volume:649;Page:17932] 
Hon DAMIEN O’CONNOR (Minister for Rural Affairs) 
: 
 I move  
That the Walking Access Bill be now read a second time 
. In speaking to this reading I will take the opportunity to extend my thanks to the Local Government and Environment Committee for its careful and very prompt consideration of this bill. The bill is the culmination of a lengthy process of public consultation. The committee received 136 submissions resulting in a number of very useful improvements to the bill. I am pleased the committee was able to report that all changes were agreed to unanimously. This will give the many people who have expressed an interest in the bill and in the policy a real sense of surety for the future. 
The primary purpose of the bill is to establish the New Zealand Walking Access Commission with the aim of providing the public with free certain enduring and practical walking access to the outdoors. In addition to setting up the commission the bill re-enacts with appropriate amendments the provisions of the New Zealand Walkways Act 1990. At the same time it transfers to the commission the present roles of the Minister of Conservation the Director-General of Conservation the New Zealand Conservation Authority and conservation boards in respect of walkways. 
The commission is to be established as a statutory entity with the status of an agency of the Crown under the Crown Entities Act and will be funded largely by parliamentary appropriation. It will be governed by a board of up to eight members and have all the usual powers available to a Crown entity. It is appropriate that the functions and powers of the commission as a Crown entity are broadly defined in the bill as this will allow the commission sufficient flexibility to develop its policies and priorities within the purpose and objective of the bill. The commission will lead and provide a central point for the coordination of walking access. It will support the negotiation establishment maintenance and improvement of walking access. Key tasks will include the improvement of existing access opportunities and the negotiation of new access across private land including access to public resources. 
The term “public resources” has not been defined in the bill. The committee did not consider this necessary as the bill clearly provides that the commission give priority to access to conservation land to local authority parks and reserves to sports fish and game habitats and most lakes and rivers. Sports fish and game are often referred to as public resources. Access that is negotiated over private land may take the form of a walkway a lease or easement for walking access or some other legal form. The commission will provide authoritative information which is hard to obtain at present on the location of public land that is open to walking access. 
An important task will be to develop a code of responsible conduct in order to provide a guide on appropriate behaviour and conditions of use in relation to walking access. The code will also provide a vehicle for the dissemination of information on the powers of enforcement officers culturally sensitive sites and other useful information. 
The committee did not consider that there was a need to change the provision for a review of the bill to take place after a period of 10 years. Clearly the commission will have its work cut out during its start-up phase in developing its statement of intent and in establishing relationships with relevant agencies and stakeholders to achieve its objectives and complex issues will need to be worked through over a period of time. 
The bill affirms the high value that we as New Zealanders place on access to the outdoors and to our natural heritage. In providing a focal point for walking access the bill fosters an appreciation of the environment and is well-aligned with wider Government priorities and initiatives that enhance New Zealanders’ sense of identity and promote healthy lifestyles. In providing for the negotiation of walking access across private land the bill upholds landowners’ right to make decisions about public access to their property and acknowledges their need to go about their business without threat to their safety and security. 
It is a fundamental principle of the bill that such access will remain subject to negotiation and agreement with the landholders concerned. The committee supported that principle. Arbitration of disputes or compulsory acquisition of land for access is likely to be counter-productive as it would destroy the goodwill that currently exists and escalate demands for compensation. I note that although a minority report in the commentary on the bill takes the opposite view that position was not pursued in the bill itself as reported back to this House. 
I point out that there was considerable public support for the general approach taken in the bill and the committee did not question the need for a walking access commission or change its primary functions. Two main areas of public concern were identified however. The first was that greater provision needed to be made for the inclusion of other forms of access in addition to walking access such as access with dogs bicycles or vehicles or with firearms for hunting purposes. Although the negotiation of rights in addition to walking access was already provided for in the functions of the commission the purpose of the bill and the objective of the commission have now been amended to specifically include the types of access associated with walking access. 
The issue that attracted most concern was the provision carried over from the current New Zealand Walkways Act for walkways to be created on unformed legal roads. Many submitters were concerned that this would remove existing rights of access and restrict activities such as access with firearms dogs bicycles or motor vehicles that would otherwise be lawful on the road. There seems to have been an assumption that the provision would result in the widespread creation of walkways on unformed legal roads although this has rarely occurred in the past. The committee agreed that the fundamental purpose of the bill would not be affected if the provision for creating walkways over unformed legal roads was removed and recommended that in view of the level of opposition to it this provision be deleted. I agree with that recommendation. The extensive network of unformed legal roads that exists remains a valuable resource for public access even if walkways are not created over them. 
I will briefly mention some of the other changes agreed to by the committee. A few changes have been made to the interpretation clause in the bill. The definitions of “private land” and “landholder” have been clarified and a clearer distinction is made between “walking access” and “walkway” which is only one form of walking access. In response to submissions the bill now includes improved procedures for the public to be notified about the creation naming and revocation of walkways and here is also a greater focus on collaboration with local authorities. 
The need for a list of priorities to guide the commission in negotiating access over private land has been reconsidered. The committee noted that the list of priorities set out in the bill was not ranked in any particular order and that a list of priorities may be too limiting in any case. Instead the bill now identifies the matters that must be taken into account by the commission when considering its priorities for negotiating access over private land. These matters now include the development of walking access that is continuous over land adjoining the coast rivers or lakes; access to conservation areas or access to areas of scenic or recreational value; and access to sports fish and game. 
The bill has been amended to take account of the views of Maori and representatives of other persons who may have an interest in the naming of walkways. There is a new requirement that the commission consider the appropriateness of publishing maps that show the location of culturally sensitive sites. In addition provision has been made for information on tikanga Maori Maori relationships with the land and waterways and sites of cultural significance to be included in the code of responsible conduct. 
I am grateful to the Local Government and Environment Committee for these amendments and for a number of other minor technical amendments which have improved the bill considerably. In establishing the New Zealand Walkways Access Commission the bill raises the profile of walking access and it provides a strong foundation for the improvement and extension of walking access opportunities in New Zealand. I have no doubt that the bill will result in the enhanced public enjoyment of our natural heritage and will make a significant contribution to our national identity and I am very pleased to support it. Thank you Mr Deputy Speaker.