Attitudes to land access

Press, Volume CXI, Issue 32802, 30 December 1971, Page 12

Attitudes to land access

When the New Zealand background of land law and practice is mixed with a social system which has given increased leisure hours and a highly mobile population seeking land for recreation, it is easy to see how there can be an occasional conflict of interest, says the pastoral lands newsletter of the Lands and Survey Department. Noting that the question of access by sportsmen to the back-country has been the subject of much newspaper correspondence recently, and that claims and counterclaims have been made over a variety of matters, the newsletter says that access across private land is a matter for the landowner or lessee concerned. Experience has shown that provided his property is treated with respect, he is normally prepared to permit this. Conflict has,

however, arisen in specific cases, which has been of concern to both landholders and sportsmen. In examining this question, the newsletter says it is interesting to trace some of the things that have influenced the attitude of New Zealanders to the use of land and to matters of land ownership. “To the early settler, land was abundant and virtually free for the taking a welcome change from the way of life he had left behind in Britain,” the newsletter says. “He was thus able to roam at will in the hills and valleys, and so today the right to tramp in the backcountry is regarded by many people as a part of every New Zealander’s natural heritage. “On the other hand, we also subscribe to the view that a man’s home, or for that matter the land on which it stands, is his castle. “During its early days, New Zealand relied heavily on the legislative background of England to provide a framework for its own laws. New Zealanders adopted a privateenterprise philosophy, and with it an economy based largely on what the land could produce.

“Within the bounds of this philosophy and this agrarian culture, it soon became evident that incentive to invest money in the land demanded a secure tenure of ownership. Exclusive legal possession was demanded by the population, and granted by the Government. Today, the right of an individual to the uninterrupted enjoyment of the land he occupies—whether it be freehold or permanent Crown lease—is a cardinal principle in our way of life.” The newsletter recalls that as a result of concern expressed in resolution form at last year’s physical environment conference, the department has been asked to step up its investigations into problems associated with access to the back-country, and to water areas available or potentially suitable for recreational activities.

The high-country committee of Federated Farmers has been a valuable contact in this field, it says, and discussions have also been held with sporting and recreational groups. “In its general administration, the department is ensuring that unformed paper roads which could be used for legal access, are not closed, and that suitable public access is retained on the disposal of Crown land,” the newsletter says. “Through its present survey of coastal, lake, and river shorelines, the department is endeavouring to ensure that physical access to water is available to the public. “In general, the department has met with much good will and co-operation in

its investigations,, the results obtained to date being due in no small measure to the helpful attitude and understanding of the situation shown by individual runholders.”