Issues outside of review scope

The importance of access over private land being by negotiation only was raised. This sentiment was captured neatly by one submitter who stated that ‘[a]ny variation to the Act must not erode landholders’ right to allow or deny access, nor to determine the conditions under which access may be granted’.

However, some respondents called for the Commission to be given greater powers to establish access and resolve access disputes. In particular, submitters called for the Act to be strengthened ‘to allow compulsory acquisition of access’ and ‘greater powers should negotiation fail’. Others called for a right to roam to be introduced in New Zealand, or a framework for public access closer to this model.

The TOR for this review state that changing the premise that the Commission must negotiate access with landowners is not to be considered. As such, this feedback has not been addressed or considered further in this review.