Private Property Rights and Compensation
A strong assertion throughout submissions is that New Zealanders have a history of interacting with nature through tramping, shooting, riding and fishing on private land, with landowner co-operation. The farming community needs urban support and understanding to ensure that this privilege is continued.
Submissions with a landowner background/perspective emphasise that New Zealand is reliant on the continued financial viability and economic growth of rural landowners and land-based businesses. The proposal to allow access across private land may be seen by landowners as undermining ownership rights, including undisturbed possession, with consequent effects on their privacy and land value. This potential loss of landowner goodwill could have an impact on the general public's enjoyment of New Zealand's natural environment.
Numerous submitters state that public access to private land is a privilege, not a right. Some submitters believe that, as requiring public access constitutes the regulatory taking of private property rights, there is "an obligation to pay compensation whenever individuals are expected to meet costs more justly borne by the greater community". A submitter considers that compensation could be necessary in the case of maintaining access and reducing damage to the environment. Another submitter mentions an access fee for the provision of amenities. Submitters raise the following points in relation to public access to private land:
- landowners may provide public access on conditions, as public access to private land is a matter for the landowner's discretion;
- negotiated and managed public access should respect private property rights, including no public interference with stock and farm processes;
- there must be mutual respect of landowners, including respect for the land that the public is accessing;
- where there is a desire to secure land for the public, the Public Works Act 1981 provides ample scope for statutory authorities to compulsorily purchase land; and
- the terms of reference suggest that rural landowners have fewer rights by only considering access to rural land. Any approach to land access should also consider public access across urban private land.
Contact for Enquiries
Mark Neeson
Manager, Land and Water Policy
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Phone: +64 894 0703
Fax: +64 4 894 0745
