O'Connor Damien: Walking Access Bill — In Committee Third Reading 
O'Connor Damien: Walking Access Bill — In Committee Third Reading 
[Volume:650;Page:19208] 
Hon DAMIEN O’CONNOR (Minister for Rural Affairs) 
: 
 I move  
That the Walking Access Bill be now read a third time 
. I thank the Opposition members in the House for that comprehensive debate on what is a short but important bill. I appreciate and acknowledge the support of the vast majority of members in this House. 
This is an important bill as it goes to the heart of what most New Zealanders regard as their fundamental birthright—that is the right to walk in and enjoy the great outdoors. The bill builds on the legacy of public access established over the last century and a half and it creates the New Zealand Walking Access Commission to clarify promote and extend walking access in New Zealand. Hundreds of New Zealanders have shared their views on walking access issues over the last 5 years and this bill is a significant milestone. 
The process began with my predecessor the Hon Jim Sutton who as Minister for Rural Affairs took the issue of walking access to heart. Jim pushed the project forward when he set up the Land Access Ministerial Reference Group in 2003. The group canvassed public opinion far and wide on how best to promote walking access to our rivers lakes coastline forests mountains and countryside. The reference group’s efforts laid the groundwork for the Walking Access Consultation Panel which was set up in 2003 after a change in policy placing greater emphasis on the negotiation of access over private land. 
One person Brian Hayes a former Registrar-General of Land played a quiet but valuable role in supporting the work of the reference group and the consultation panel with his in-depth legal research. Mr Hayes’ knowledge of such things as water margin access the ownership of riverbeds and the status of unformed legal roads in New Zealand is without equal. His body of research is enshrined in a book that was launched in the Beehive last month and I encourage anyone who is interested in this area to buy that book. It soon became clear that although existing water margin reservations were extensive they were far from complete. Extending water margin reservations and remedying the effects of erosion were going to affect property rights and therefore was best done through negotiation with affected landowners. Creating new cross-country access to the coast lakes rivers and other public land was also deemed necessary in order to uphold the expectations of New Zealanders who enjoy the outdoors. 
Eventually it became apparent that extending access and remedying the effects of erosion while respecting private property rights would be achieved where needed through a robust process of negotiation. In coming to this conclusion the Government also recognised landholders’ concerns about vandalism damage to plants fences gates and stock and the threat to security posed by strangers crossing their land. That was the clear perception of many many rural dwellers. 
A fundamental issue was the conflict between public aspirations and private and public property rights. This bill extends opportunities for the public to enjoy walking access to the countryside while protecting the rights of private property owners. Some people may think the bill puts too much weight and reliance on the negotiation of walking access over private land. I disagree as did the Walking Access Consultation Panel. The select committee also disagreed by a clear majority and its report back on the bill supported the process of negotiation. Forcing people to give up their rights flies in the face of natural justice and would only antagonise those who were happy to give permission in the past. 
Access to the outdoors is a fundamental aspect of our culture as New Zealanders. It is a source of exercise of recreation and of inspiration. As well as providing for the negotiation of new walking access this bill provides for enhanced provision of information about what already exists. It will be easier for people to find out where they can legally go to enjoy the great outdoors under existing agreements and easements. What has been missing is a single point of reference for the leadership coordination extension and improvement of walking access. By establishing the Walking Access Commission this bill provides the structure and mechanisms needed to advance walking access in New Zealand. Currently it has a budget of $2 million a year which is modest but we think it will be an efficient and effective amount to undertake all the tasks which was a question that was asked in the Committee stage. 
R Doug Woolerton 
: How much? 
Hon DAMIEN O’CONNOR 
: It is $2 million. 
The commission will need to develop strong collaborative relationships with allied agencies. It will also need to build and maintain a solid and trusting relationship with recreation farming and local government stakeholders. As a new Crown entity the commission will have its hands full in the early stages as it comes to grips with its roles and with public expectations. Once it is up and running I expect the commission to turn its attention quickly to developing a national strategy on walking access identifying existing access and deciding its priorities for the negotiation of walking access over private land where that is necessary. 
Important tasks will be to develop a code of responsible conduct for walkways to develop its research and education capacity and to establish processes for resolving disputes over walking access. The extension and improvement of walking access will bring long-term benefits to our country in terms of increased social capital and an enhanced sense of national identity along of course with a healthier and more active nation. 
Before concluding I express my gratitude to the members of the Land Access Ministerial Reference Group those on the Walking Access Consultation Panel and those on the Walking Access Advisory Board for the experience and hard work they put in to bring this policy to a conclusion. I acknowledge in particular the contribution made by John Acland who has had to spend a couple of days longer in Wellington to see this bill through in his commitment to the principles of walking access and his expertise as the chair of the Land Access Ministerial Reference Group the chair of the Walking Access Consultation Panel and on the interim advisory board for the commission. I say thank you to John. He has been the vital glue that held the various strands together. His competent leadership gave the process credibility during the two extensive rounds of consultation sometimes in the face of extreme provocation I have to say particularly during an incident in Marlborough. 
I also take this opportunity to pay tribute to Gottlieb Braun-Elwert for his contribution as a member of the former reference group and as an outstanding mountaineer and guide. His sudden death was a blow to all outdoor enthusiasts. Although not everyone agreed with his vision on public access no one could doubt his sincerity and enthusiasm for the principles and outcomes that this legislation will deliver for all New Zealanders into the future. 
I thank the members of the Local Government and Environment Committee for their work on the bill. They listened to recommendations through submissions made to the select committee and they made the changes necessary. I would like in particular to thank Moana Mackey for her skill as chair of the committee and Martin Gallagher for his enthusiastic and patriotic contribution to this debate and at the select committee. 
I also acknowledge the contribution of my parliamentary colleague Eric Roy who served as a member of the Land Access Ministerial Reference Group in the first place while not a member of Parliament. Eric helped the group understand the implications of the policy for landholders and brought a pragmatic approach to the group’s work. I say kia ora to him. I am grateful to all the submitters who took the time to make their views known during both consultation processes. They helped influence and shape the policy and the bill in ways not always obvious to those on the edge of the policy process. Finally I acknowledge the support that the officials have given to this process. They have faced some challenging times over a process of 5 years. I thank Jim Sutton for his vision in raising this issue early on. I am pleased to commend this bill to the House.