New Zealand Walkways Act 1990

1: Short Title
This Act may be cited as the New Zealand Walkways Act 1990.
2: Interpretation
In this Act, unless the context otherwise requires,— Administering authority Board section 6L Conservation Act 1987 Conservation Authority section 6A Conservation Act 1987 Controlling authority section 11 Director-General Firearm Horse Land district Land Act 1948 local authority Local Government Act 2002 Local authority: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Minister Motor vehicle the Land Transport Act 1998 Motor vehicle: this definition was amended 1 March 1999 215(1) Land Transport Act 1998 by substituting the words the Land Transport Act 1998 the Transport Act 1962 Private land
a: Any land (other than unformed legal road) that is for the time being held in fee simple by any person other than the Crown:
b: Any Maori land within the meaning of the Te Ture Whenua Maori Act 1993
c: Any land (other than unformed legal road) held by a person under a lease or licence granted to that person by the Crown: The reference to the Maori Affairs Act 1953 was repealed 1 July 1993 362(2) Te Ture Whenua Maori Act 1993 Public land Ranger section 13 Statutory body Walkway section 6 section 8 1975 No 31 s 2 1977 No 166 s 2 1987 No 65 65(1)
3: General purpose of Act
1: It is hereby declared that the provisions of this Act shall have the aim of establishing walking tracks over public and private land so that the people of New Zealand shall have safe, unimpeded foot access to the countryside for the benefit of physical recreation as well as for the enjoyment of the outdoor environment and the natural and pastoral beauty and historical and cultural qualities of the areas they pass through.
2: It is hereby further declared that, having regard to the general aim specified in subsection (1) 1975 No 31 s 3
4: General policy
1: The Minister may adopt statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge.
2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
3: For the purposes of this section, sections 17B(3) 17B(4) 17N Conservation Act 1987
5: Powers of Director-General
1: The Director-General shall have all such powers as may be reasonably necessary or expedient to enable the Director-General to carry out his or her functions under this Act.
2: Without limiting the generality of subsection (1)
a: Provide for the establishment of camping grounds, huts, hostels, accommodation houses, and other facilities and amenities on walkways:
b: Make such arrangements as the Director-General considers necessary to make a walkway accessible to the public under proper conditions:
c: Approve charges for the use of facilities and amenities on walkways:
d: Promote, supervise, and control activities by committees appointed by the Director-General or by organisations approved by the Director-General for the establishment or enjoyment of walkways by the public. 1975 No 31 s 11 Establishment of walkways
6: Walkways over public land
1: If a Conservation Board, after consultation with the administering authority of any public land within the Board's area of jurisdiction, considers that all or part of any public land should be made available for use by the public as a walkway for recreational purposes, it may recommend to the Minister that all or part of that public land be declared a walkway.
2: On receiving a recommendation under subsection (1) Gazette
3: In every case where the land to which the recommendation relates includes unformed legal road the prior consent of the local authority shall be obtained, and the following provisions shall apply in relation to such consent:
a: The local authority shall consult with every owner of land having a legal frontage or access to the unformed legal road before giving its consent:
b: Every owner of such land shall retain the right to use the unformed legal road.
4: Where any consent under subsection (3)
5: A copy of every notice under this section declaring land to be a walkway shall, if it relates to land subject to the Land Transfer Act 1952
6: In this section, unless the context otherwise requires, owner 1975 No 31 s 20 1977 No 166 s 3
7: Conflict with other Acts
Where conflict appears between any provision in this Act and any provision in any other Act relating to the administration or control of public land, the provision in the other Act shall prevail. 1975 No 31 s 21
8: Walkways over private land
1: If a Conservation Board, after consultation with the owner and occupier of any private land within the Board's area of jurisdiction, considers that any part of the land should be made available for use by the public as a walkway for recreational purposes, it may request the Director-General to treat and agree in the name and on behalf of the Crown for the purchase or gift of an easement over the land or for the leasing of that land to enable the land to be used for a walkway.
2: Where it is proposed to carry out consultations and negotiations under subsection (1) section 307 of the Maori Affairs Act 1953
3: For the purposes of subsection (1)
4: A copy of every easement or lease acquired by the Crown under this section shall be lodged with the appropriate District Land Registrar who shall without fee register the easement or lease on every certificate of title, provisional register, or other registered instrument of title affected by the easement or lease.
5: The purchase price or other consideration for any lease or easement acquired under this section shall be paid out of money appropriated by Parliament for the purpose.
6: Where any lease of or easement over any land is obtained and registered under this section the Minister shall, as soon as the land is suitable for use as a walkway, by notice in the Gazette
7: Where any lease of or easement over any land is obtained under this section subject to any conditions as to use, the Minister shall specify in the notice the conditions under which it may be used.
8: Where, pursuant to this section, land is leased to the Crown or an easement is obtained over land,—
a: The land may be defined on a plan in accordance with regulations made under the Survey Act 1986
b: The lease or easement shall be accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the land is adequately described and properly defined—
i: For the nature of the walkway; and
ii: In relation to existing surveys made in accordance with regulations for the time being in force under the Survey Act 1986
iii: In accordance with standards agreed from time to time by the Director-General and either the Surveyor-General or the Chief Surveyor, as the case may be. 1975 No 31 s 22 1976 No 110 s 2 1987 No 65 65(1) Subsection (8) substituted 25 November 1994 2 New Zealand Walkways Amendment Act 1994
9: Rights of public in respect of walkways
Subject to the provisions of this Act and of any regulations made under this Act, and subject to any conditions specified under section 8(7) 1975 No 31 s 23
10: Limitation of liability of occupiers
No occupier of any land that is a walkway shall be in any way liable under the Occupiers' Liability Act 1962 section 3 1975 No 31 s 24 Administration of walkways
11: Appointment of controlling authorities
1: Subject to subsection (2)
2: A local authority may be appointed to be the controlling authority of a walkway or part of a walkway notwithstanding that the walkway or part of the walkway is situated outside its district.
3: If any walkway or part of a walkway has been declared over public land under section 6 subsection (1) subsection (4)
4: If no controlling authority has been appointed under subsection (1) (3) 1975 No 31 s 26
12: Functions and powers of controlling authorities
1: Every controlling authority of a walkway shall be responsible to the Minister, in accordance with this Act,—
a: For identifying the line of the walkway for members of the public by the placement of poles, markers, or other suitable indicators; and
b: For the erection and maintenance of such stiles and fences as may be necessary to enable members of the public to use the walkway, and to provide for the proper control of its use by such persons; and
c: For the erection and maintenance at all points of entrance to the walkway, and at such other places on the walkway as it thinks fit, of notices warning members of the public who use the walkway not to trespass on any land beyond the walkway; and
d: For the general promotion of and maintenance and control of the walkway for the pleasure, safety, and welfare of the public.
2: Every controlling authority shall have all such powers as may be reasonably necessary or expedient to enable it to carry out its functions.
3: Without limiting the generality of the powers of a controlling authority under subsection (2)
a: Develop, improve, and maintain the walkways under its control:
b: Establish on or adjacent to such walkways such camping grounds, huts, hostels, accommodation houses, and other facilities and amenities, as are approved by the Minister:
c: Make such charges as the Minister approves for the use of facilities and amenities on such walkways. 1975 No 31 s 27
13: Rangers
1: Every person who is a member of the Police or a ranger appointed under section 38(1) Wildlife Act 1953 section 8(1) Reserves Act 1977 section 40(1) National Parks Act 1980 Conservation Act 1987
2: The Director-General may from time to time appoint to be a ranger for the purposes of this Act—
a: An officer of the Department of Conservation:
b: An officer of a controlling authority, on the recommendation of the controlling authority.
3: The Director-General may from time to time appoint any suitable person to be a ranger in an honorary capacity for the purposes of this Act.
4: Any officer of a controlling authority who is appointed to be a ranger shall be a ranger only for walkways under the control of that authority.
5: Subject to subsection (4) subsection (2) (3)
6: Every ranger appointed under this section shall hold office during the pleasure of the Director-General.
7: Every ranger appointed under this section shall be supplied with a written warrant evidencing that person's appointment signed by or on behalf of the Director-General. The production of any such warrant shall be sufficient proof of the appointment.
8: Every ranger appointed under this section shall, on relinquishing office, surrender to the Director-General that person's warrant of appointment and any badge of office that may have been issued to that person. 1975 No 31 s 28 1987 No 117 s 11(1)
14: Obstructing ranger, etc
Every person commits an offence who—
a: Personates or falsely pretends to be a ranger:
b: Wilfully obstructs, hinders, or deceives, or wilfully causes to be obstructed, hindered, or deceived, any ranger while the ranger is exercising or performing any power, function, or duty under this Act. 1975 No 31 s 29
15: Finance
1: Except as otherwise provided in this Act, money required for—
a: The establishment, administration, control, maintenance, and improvement of walkways; and
b: The discharge of any liability for damage to property incurred in respect of—
i: A walkway; or
ii: Any land that is available for public use as if it were a walkway, before it is gazetted as such, and is the subject of an agreement made pursuant to section 8(1) shall be paid out of money appropriated by Parliament for the purpose.
2: The Director-General shall approve the manner in which money appropriated by Parliament for the establishment, administration, control, maintenance, and improvement of walkways should be utilised. 1975 No 31 ss 10(1)(b), 30 1980 No 126 s 3(1) 1987 No 65 65(1)
16: Minister may authorise expenditure of money on land that is not a walkway
1: Notwithstanding anything to the contrary in this Act, a controlling authority which is a department of State, with the prior consent of the Minister, may determine that any money received by it under this Act shall be expended for the purpose of developing, maintaining, protecting, improving, administering, and publicising any land that is not a walkway, if the owner or administering authority, and the occupier, of the land have—
a: Agreed to the land being used as if it were a walkway; and
b: Consented to the expenditure of money for those purposes.
2: Any agreement made under subsection (1) 1975 No 31 s 30A 1982 No 87 s 2
17: Funds for controlling authorities
1: The Minister may from time to time, out of money appropriated by Parliament for the purpose, make grants to any controlling authority that is not a department of State to enable it to discharge its duties under this Act and to meet any liability for damage to property incurred in respect of a walkway.
2: Any administering authority that is also a controlling authority by virtue of section 11(3)
3: Any local authority may—
a: If it is the controlling authority of a walkway or part of a walkway, expend such sum or sums of money as it thinks fit in the discharge of its duties under this Act in respect of the walkway or part of the walkway; or
b: In any other case, make grants of such sum or sums of money as it thinks fit to the controlling authority of any walkway or part of a walkway, whether the walkway or part is situated within or outside its district, to assist the controlling authority to discharge its duties under this Act. 1975 No 31 s 31 1978 No 116 s 2(2)
18: Grants and gifts
1: Any person or body may, unless prohibited from doing so by any Act or instrument of trust, make to the Director-General a grant or gift of money for specified or general purposes of this Act; and the Director-General may accept any such grant or gift for those purposes.
2: All money received by the Director-General under subsection (1) section 67 Public Finance Act 1989 1975 No 31 s 32 General provisions
19: Powers of rangers
1: Any ranger may without further warrant or authority other than this section summarily interfere to prevent any actual or attempted breach of this Act.
2: Subject to subsection (3)
3: Before making any requirement or demand under subsection (2)
4: If the offender, after being so required, fails to give his or her first name, surname, or residential address, or gives a false name or address, or supplies any false evidence in respect thereof, or wilfully continues the offence, that person commits a further offence against this Act. 1975 No 31 s 35
20: Regulations
1: The Governor-General may from time to time, 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 such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Any regulations made under this section may apply generally throughout New Zealand or may be made to apply only within such area or areas or to such walkway or part of a walkway as may be specified in the regulations.
3: Every person who acts in contravention of or fails to comply with any provision of any regulations made under this Act commits an offence and shall be liable on summary conviction to a fine not exceeding $200. 1975 No 31 s 36
21: Bylaws
1: Any controlling authority that is not a department of State may from time to time make bylaws, not inconsistent with this Act or with any regulations for the time being in force under this Act, 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.
2: All such bylaws shall be made by resolution of the controlling authority and shall be signed by the chairperson and one other member of the controlling authority.
3: Any bylaw made under this section shall apply to such walkway or part of a walkway as may be specified in the bylaw, being a walkway or part of a walkway in respect of which the controlling authority has jurisdiction under this Act.
4: Notwithstanding anything to the contrary in this Act, the controlling authority shall not delegate the power conferred on it by subsection (1)
5: Every person who acts in contravention of or fails to comply with any provision of any bylaw for the time being in force under this Act commits an offence and shall be liable on summary conviction to a fine not exceeding $100. 1975 No 31 s 37
22: Bylaws to be approved by Minister
1: No bylaw made under section 21 Gazette
2: The publication in the Gazette 1975 No 31 s 38
23: Offences
1: Subject to subsections (2) (3)
a: Carries any firearm on or within 100 metres of a walkway; or
b: Lights any fire on a walkway other than in a fireplace provided by the controlling authority or fails to extinguish any fire lit by that person on a walkway before leaving it; or
c: Takes, rides, or has charge of any horse on a walkway; or
d: Takes or has charge of any dog on a walkway; or
e: Takes, drives, or has charge or control of any motor vehicle on a walkway; or
f: Enters or remains on any walkway or part of a walkway that is for the time being closed under section 28
g: Discharges or shoots any firearm across or on or within 100 metres of a walkway; or
h: Wilfully damages or removes any crop, pasture, tree or plant (other than a plant which is a noxious weed in the district or area within which the walkway is situated) growing on or adjacent to a walkway; or
i: Lays any poison or sets any snare or trap on or adjacent to a walkway; or
j: Wilfully damages or interferes with any pole, marker, indicator, stile, fence, gate, bridge, shelter, notice, or other amenity on or adjacent to any walkway, or at any entrance to a walkway; or
k: Wilfully damages or interferes with any fence, gate, machinery, vehicle, equipment, building, or other structure situated on property adjacent to a walkway; or
l: Wilfully interferes with or disturbs any livestock depasturing on or adjacent to a walkway; or
m: Wilfully interferes with or disturbs any wildlife, within the meaning of the Wildlife Act 1953
n: Wilfully endangers, disturbs, or annoys any user of a walkway.
2: No person shall be guilty of an offence by reason of doing any of the things specified in subsection (1)
3: No person shall be guilty of an offence by reason of doing any of the things specified in paragraphs (a) to (i)
a: That person was at the time the owner or occupier of the land on which the walkway is situated; or
b: That person did that thing with the permission of any such owner or occupier.
4: It shall be a defence to a charge under this section if the defendant proves that it was necessary for the defendant to commit the offence for the defendant's own safety or protection or for the safety or protection of some other person, or because of some emergency involving the defendant's property or the property of some other person.
5: Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and convicted under this Act or under any one of those other Acts.
6: No person shall be liable to be prosecuted more than once in respect of the same offence. 1975 No 31 s 39 1978 No 116 s 3
24: Trespass on private land from walkway with firearm or dog
1: Every person commits an offence who, being in possession of a firearm or having charge of any dog, leaves a walkway and goes on to any adjacent private land or allows the dog to go onto such land, without the authority of the occupier or other lawful authority.
2: It shall be a defence to a charge under this section if the defendant proves that—
a: The defendant did not go on to the land from the walkway; or
b: It was necessary for the defendant to go on to the land for the defendant's own safety or protection or for the safety or protection of some other person, or because of some emergency involving the defendant's property or the property of some other person. 1975 No 31 s 40
25: Proceedings in respect of offences
1: An information in respect of an offence against this Act shall be laid by—
a: The Director-General or his or her nominee; or
b: The Chairperson of the Board for the area in which the offence is alleged to have been committed, or any person appointed in writing in that behalf by the controlling authority of the walkway or part of a walkway in respect of which the offence is alleged to have been committed.
2: Any appointment under subsection (1)
3: Any officer or employee of a Board or controlling authority, although not the informant, may appear and conduct the prosecution in all proceedings for offences against this Act.
4: Any officer or employee of the Department of Conservation, although not the informant, may appear and conduct the prosecution in all proceedings for offences against this Act. 1975 No 31 s 43 1987 No 65 65(1)
26: General penalty for offences
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding $500. 1975 No 31 s 41
27: Time within which information may be laid
Notwithstanding anything in the Summary Proceedings Act 1957 1975 No 31 s 42
28: Closure of walkways
1: Every controlling authority—
a: May close any walkway or part of a walkway under its control for reasons of safety or during emergencies, or for the purpose of maintenance or development work:
b: May close any such walkway or any part of such a walkway, at the request of the occupier of the adjacent land:
c: Shall close any such walkway or any part of such walkway established over private land in order to comply with any condition as to use to which the establishment of the walkway is subject— for such period as the controlling authority considers necessary or as may be necessary to comply with the condition as to use, as the case may be.
2: Any closure under subsection (1)
3: Any closure under subsection (1)
4: Any signs erected under subsection (2) subsection (3)
5: If any controlling authority closes a walkway or part of a walkway under this section it shall immediately notify the Director-General and the Board having jurisdiction in the area in which the walkway or part of the walkway is situated. 1975 No 31 s 46
29: Revocation of notices declaring walkways
1: The Minister may, on the recommendation of the Board having jurisdiction in the area in which the walkway is situated, by notice in the Gazette section 6 8
2: Every such notice shall take effect on a date specified in the notice or, if no date is specified, on the date on which it is gazetted.
3: A copy of every notice revoking a declaration made under section 6 Land Transfer Act 1952
4: If a declaration made under section 8 1975 No 31 s 47
29A: Control of dogs
Nothing in this Act derogates from the provisions of Part 5C Conservation Act 1987 controlled dog area open dog area This section was inserted 2 May 1996 Conservation Amendment Act (No 2) 1996
30: Commission and District Walkway Committees abolished
The New Zealand Walkway Commission and every District Walkway Committee established under the New Zealand Walkways Act 1975
31: Amendments to other Acts
1: The Conservation Act 1987 Schedule 1 The New Zealand Walkways Act 1975 The New Zealand Walkways Act 1990
2: The State-Owned Enterprises Amendment Act 1987 Part A of Schedule 1 New Zealand Walkways Act 1975
32: Repeals
1: The following enactments are hereby repealed:
a: The New Zealand Walkways Act 1975
b: The New Zealand Walkways Amendment Act 1976
c: The New Zealand Walkways Amendment Act 1977
d: The New Zealand Walkways Amendment Act 1978
e: The New Zealand Walkways Amendment Act 1980
f: The New Zealand Walkways Amendment Act 1982
g: The New Zealand Walkways Amendment Act 1985
h: Section 40(2)(b) Sport, Fitness, and Leisure
i: The New Zealand Walkways Amendment Act 1988
2: Notwithstanding subsection (1)
3: All proceedings pending by or against the New Zealand Walkway Commission immediately before the commencement of this Act may be carried on, completed, and enforced by or against the Director-General. The words Sport, Fitness, and Leisure substituted 1 July 1992 Recreation and Sport 2(1) Sport, Fitness and Leisure Amendment Act 1992