Specific legislative changes

A number of suggestions for specific legislative changes, which emerged through engagement, are considered below. As these are relatively technical in nature, these have been included as ‘technical changes’ rather than formal recommendations.

Amendments to reflect legal arrangements for leasehold land

Amendments are required to provisions relating to negotiating walkways over private land, to reflect the legal arrangements for leasehold land under the Land Act 1948. The Commission’s practice in relation to leasehold land is to seek agreement from both the leaseholder and the Commissioner of Crown Lands (as the underlying landowner). However, this should be reflected in the Act to ensure:

• the Act is consistent with the Land Act 1948, and the power it bestows on the Commissioner to grant easements, and
• that walkway (or access way) easements are enduring, as there is a risk that easements negotiated with the leaseholder may only last as long as the lease.

Technical change 1: That amendments be made to the provisions relating to walkways in the Walking Access Act 2008, to reflect the legal arrangements of leasehold land under the Land Act 1948, specifically to require walkways to be agreed to by both the leaseholder and the Commissioner of Crown Lands.

References in section 10 of the Act to other stakeholders

A number of amendments to section 10 of the Act were suggested in relation to references made to other stakeholders. For example, one suggested amendment was to update the reference to ‘Sport and Recreation New Zealand’ in subsection 10(1)(a)(ii) to ‘Sport New Zealand’. Another was to include reference to volunteer groups, Te Araroa Trust, and territorial authorities.

While this review acknowledges the importance of these stakeholder groups, a number of others could be named. Inclusion of some, but not all of these would seem to privilege certain stakeholders without real justification. It is therefore recommended that section 10 not refer explicitly to any stakeholders. This includes removing the current reference to ‘Sport and Recreation New Zealand’. This would leave the general reference to ‘relevant stakeholders, and central and local government organisations’. This safeguards against organisational name changes and the emergence of new organisations, and avoids any suggestion of preference extended to a single Commission stakeholder.

Technical change 2: That amendments be made to subsection 10(a)(ii) of the Walking Access Act 2008 to remove reference to ‘Sport and Recreation New Zealand’.

Reference to purchasing the Outdoor Access Code

The Commission suggested that section 19 of the Act be amended, as it states that the Commission must ensure copies of the New Zealand Outdoor Access Code are available ‘for purchase at a reasonable price’. This provision does not reflect current practice, as the Commission provides the Code free, both digitally and in print. It is important that this remains the case as the Code is likely to have more impact on behaviour if people do not have to pay for it.

Technical change 3: That amendments be made to section 19 of the Walking Access Act 2008, to specify that the Commission provides the New Zealand Outdoor Access Code free of charge.

Closing walkways

The Commission noted that requirements for closing walkways could be amended, so it could have greater oversight of closures and re-opening. Specifically, the Act could require Controlling Authorities to notify the Commission within 48 hours of a closure, and provide quarterly updates on progress towards re-opening.

Currently the Act only states that the Controlling Authority must notify the Commission ‘in advance of the closure’ or ‘immediately after the closure’.

Technical change 4: That amendments be made to section 38 of the Walking Access Act 2008 to require controlling authorities to notify the Commission within 48 hours of closing a walkway, and to provide quarterly updates on progress towards re-opening access.

Review of the Act

Section 80 of the Act provides for its review as soon as is reasonably practicable after the expiry of the period of 10 years from its commencement. As this review has been completed, this provision should be removed from the Act. Any future review of the Act does not need to be set out in the legislation itself.

Technical change 5: That amendments be made to the Walking Access Act 2008 to remove section 80.

Granted or gifted funds under the New Zealand Walkways Act 1990

Section 75 deals with granted or gifted funds under the New Zealand Walkways Act 1990 held by DOC at the time of the commencement of the Walking Access Act 2008. The Commission has advised that remaining funds held under this provision are being spent in a manner agreed between the Commission and DOC. As such, this provision can be removed.

Technical change 6: That amendments be made to the Walking Access Act 2008 to remove section 75.