This page created 19 July 2002

1999 Questionnare to parties

How the parties ranked in 1999

2002 election guide to party policies

PANZ Election Charter

Public Roads

Public roads are the single biggest category of public access provision in New Zealand. However there is almost universal ignorance of their potential for recreation, with consequent lack of identification on the ground, neglect, and obstruction. There is enormous potential for creating a network of public paths utilizing existing roads. The UK has a much-cherished network of paths based on public roads; consequently access to the countryside is much easier than in New Zealand. This is despite the law and public use rights being almost identical.

There is need to move away from the present-day perception that roads are synonymous with motor vehicle use. Most roads, having origins in the 19th Century, predate the advent of motor vehicles. Approximately half the roading network is unformed or disused, with much of this unsuitable for vehicle use.

Create a public path network
When access to public lands, and to as opposed to along water margins (the 'Queen's Chain'), is being created, public roads are to be preferred to other forms of access such as easements and covenants over private land. Easements, etc. are insecure with no public remedies when obstructed. 'Dedication' of roads for classes of user, other than for motor vehicles, has had only limited application in New Zealand, but is capable of wider application without any necessity to change the law.

Policy:

• Preference to be given to dedication of public road footpaths, cycleways, and bridleways, as alternatives to vehicle ways when vehicle access is unnecessary or undesirable, when creating new accesses to public lands and waters.

Provide public information
Lack of public awareness of the legal nature of roads and an accessible map record are the primary deterrents to public use.

Policy:

• In partnership with local authorities and NGO's, Government initiate a national education programme explaining common law rights and responsibilities over public roads.
• All public road alignments (formed and unformed) be overlaid on LINZ 1:50,000 topographical maps and made available on digital databases.
• Central Government actively encourages local authorities to define, signpost, and develop unformed roads for foot, cycle, horse, or vehicle use as appropriate.
• Introduce offence provisions for failure to signpost gates as 'Public Road' on formed public roads (an existing requirement that is universally ignored).

Counter obstruction of roads
Obstruction of many formed rural roads, through a mix of ignorance and willful intent, is very prevalent. Despite obstructions being unlawful and road controlling authorities having enforcement powers, most fail to protect the public interest.

Policy:

• Introduce a legislative equivalent to that in the UK Highways Act creating a duty for authorities in control of roads to assert and protect public rights of passage.

Retain citizen rights of unhindered passage
Continued public ownership and control of public roads is essential for continuation of public rights of unhindered passage. Existing common law is founded on the premise that it is "The King's Highway" and not someone else's property. Public rights are not to be found in statute, but in a huge body of case law know collectively as "The Law of Highways". New Zealand Courts have proved that they are more effective upholders of these rights than politicians.

Despite the last Government backing off plans for privatisation, there is continual industry and bureaucratic pressure for direct 'user pays' road charges, enforced by electronic surveillance. The present Government is amenable to new privately funded roads and tolls. Passage would be allowed only to those who pay. This would extinguish centuries-old common law rights of use.

Motorways (for motor vehicles only, with no common law rights of passage or access to adjoining property) are different legal entities from public roads (for all forms of passage and for legal access to property). Tolls should be confined to major new motorways, bridges or tunnels until construction costs are paid off, provided alternative public roads remain available. This has been the practice to-date e.g. Auckland and Tauranga Harbour bridges, Lyttleton tunnel.

Policy:

• Retain public ownership and control of public roads.
• No tolls over public roads.
• Reject any attempt to codify or define public rights of passage in statute, due to the major risk of reduction in existing rights, and once legislated, the further weakening or revocation of these.

Amend road-stopping procedures
Currently unformed roads can be disposed of without public process, despite public use rights being the same over all roads. The presumption that unformed roads serve no purpose is erroneous because many unformed roads are regularly used, particularly for pedestrians.

Policy:

• Amend statutes to make an existing power of Crown resumption of unformed roads from local authorities subject to public 'stopping' procedures.
• That a requirement is added to the 10th Schedule of the Local Government Act to ensure retention of property frontage and practical, public road access to public reserves, lakes, rivers, and the sea coast when local authorities and the Environment Court make road-stopping decisions.

References:
1. See 'Resources': 'Public Roads' at www.publicaccessnewzealand.org
2. Mason, Bruce. Public Roads; a guide to rights of access to the countryside. Public Lands Coalition. 1991.

Government Implementation of 1999 Election Policies

The New Zealand Government is a coalition of the Labour and Alliance Parties, with the support of the Greens on matters of confidence and supply.

In response to PANZ's 1999 election questionnaire, Labour replied-

Public Roads

Does your party consider?

1. That public roads are for all means of public passage and not just for motor vehicles?

Yes.

2. That public ownership of public roads should be retained?

Yes.

3. That public control of public roads should be retained?

Yes. They should be managed by bodies accountable to local communities.

4. That funding of roads should not move towards direct user-pays, i.e. tolling?

Yes. Labour will not toll public roads.

5. That common law rights should be maintained over public roads?

Yes.

6. That motorways are different legal entities from public roads and therefore do not have common law rights of passage?

Yes.

7. That tolls should be confined to major new motorways, bridges or tunnels until construction costs are paid off, provided alternative public roads remain available?

Yes. Labour would consider arrangements to speed up the investment in alternative routes by allowing developers to build roads on a build, operate, toll and transfer basis. These arrangements would be on the basis that the roads would transfer back to public ownership on a contracted time scale. The condition of the roads at the time of the transfer would need to be specified. Prior to transfer, the original or alternative road in public ownership would need to be maintained to a satisfactory standard.

8. That unformed roads (being half the road network) are a large part of the Queen's Chain, and are critically important for public access to rivers, lakes, the coast, and public lands in general?

Yes.

9. That unformed roads be retained in Crown or local authority ownership subject to existing road 'stopping' procedures?

Yes.

10. That unlawful obstruction of unformed roads is a major problem?

Yes. Labour will investigate ways of ensuring that, where land has been designated for future roading, rail or airport developments, a hold can be put on the land without unfair costs being imposed on landowners.

If so, would you enact a legislative equivalent to that in the UK Highways Act creating a duty for district councils to assert and protect public rights of passage?

[no response]

11. That the right of 'frontage' of public and private lands to roads should be retained?

Yes.

If so, will you oppose moves to repeal s321 Local Government Act, under the Resource Management Amendment Bill 1999, and repeal an already enacted amendment to Clause 6, 10th Schedule LGA which removed a requirement to maintain "adequate access"?

Undecided.

The Alliance did not respond to the questionnaire.

2002 Party Transport - Roads Policy

Policy directly related to PANZ objectives and policy charter highlighted in red, with our emphasis bold.

PANZ looked at five key policy areas, being public roads, Treaty of Waitangi , DoC and public lands, the Queen's Chain, and high country Crown lands.

We ranked available party policies according to their 'access friendliness'. This was a weighted appraisal which was influenced by-

• how closely the policies coincide with PANZ's objectives (the protection/enhancement of access through public ownership and management of recreational resources) and our 2002 election charter (submitted to parties we assessed);
• their specificity or ambiguity;
• contradictory policies, or actions;
• the absence of policies in important areas;
• PANZ's research.

In other words we do not believe any party's claims or 'policies' at face value. We look at their total actions and words, then assess these against how closely they coincide with PANZ's objectives. In the absence of express policies we looked at relevant news media statements, and other material available to us. Naturally the incumbent Government will be judged more by their actions than their words, as they must be.

The question of credibility of party positions is central to our evaluation. There are often inconsistencies between actions/inactions and words (not unknown among politicians!).

PANZ is not aligned to any political party.

We have rated each party in each key policy area on a scale of 0 to 5

[1] Seriously flawed
[2] Poor
[3] Acceptable
[4] Very good
[5] Outstanding

PANZ RANKING = [1] 'Seriously flawed'

Policy would bring about "the end of civilisation as we now know it". See PANZ on last Government's 'road 'reforms'.

ACT
Summary of Transport Policy
SOURCE: http://www.policy.net.nz/

• All transport taxes should go to transport related spending. NZ roading needs to be significantly upgraded.
• Permissive legislation to allow toll roads and other organisations to invest capital more readily in New Zealand's road structure.
• Encourage private sector investment in road construction, both through direct ownership and through partnerships with central and local government..
• Air, rail and shipping transport should be commercially run and self-funding.
• Cross subsidisation through patronage funding should not be the roll of central government

ACT Transport Policy
SOURCE: http://www.act.org.nz/action/campaigns/manifesto2002/transport.html


ACT believes

• No major reform of the roads is tenable without road user support.

ACT's goals

• To see greater commercial decision making and private sector involvement in roads, particularly in easing congestion.
• To see the introduction of sophisticated, user-friendly pricing systems that allow road users to signal their value-for-money preferences.
• To better protect road user

ACT's proposals

• Encourage the introduction of economic pricing for road usage, including removing existing government-related impediments to the introduction of congestion charges, while commensurately lowering fuel taxes.
• Encourage private sector investment in road construction, both through direct ownership and through partnerships with central and local government.
• Progress along the path offered in Better Transport Better Roads for making road providers more responsive to road users' requirements by putting them on a more commercial basis.
• Protect road user interests by encouraging competition between routes and by long-term contracts. Road users rightly do not trust monopolies, government-owned or otherwise.

PANZ RANKING = [2.5] 'Poor - acceptable'

While policy to retain public ownership and use of roads is welcome, this is partly contradicted by tolls over state highways. These are public roads that provide rights of passage for all forms of traveller and provide 'frontage' onto property. Consideration of tolls should be confined to motorways which are single-purpose corridors (for motor vehicles only) without guaranteed rights of use - these are not public roads.

Alliance
Summary of Transport Policy
SOURCE: http://www.policy.net.nz/

• Existing rail network is retained and improved.
• Oppose a fully open coast or transit option.
• Reduce the use of energy, land and materials consumed by the transport sector.
• Increase the accessibility and convenience of urban public transport.
• Reduce the overall need for transport and travel.

Alliance Transport Policy
SOURCE: http://www.alliance.org.nz/info.php3?Type=Policy&ID=1091

The Alliance does not support private funding initiatives. Passing this off to the private sector is an abrogation of responsibilities and merely adds extra cost to an already expensive process for no tangible gain.

The road system will remain publicly owned and available for the use of all.

Additional funding might be obtained through tolls on particular high use segments of state highways.

PANZ RANKING = [3] 'Acceptable'

Policy recognises wider community role of public roads as public places and for all modes of transportation. Confining congestion charging for motor vehicles (ie. tolls) to situations where alternative access is available, is the only acceptable application.

Green Party
Summary of Conservation Policies
SOURCE: http://www.policy.net.nz/

Promote a Road Traffic Reduction Act .
Remove unnecessary trips.
Reduce trip lengths.
Raise around $300m per year by making diesel users pay their fair share.
5 y r moratorium on building major new urban roads.

Green Party Transport Policy
SOURCE: http://www.greens.org.nz/searchdocs/policy4763.html

Transport policy * new policy due mid-July *
Ratified 1st November 1999

Fostering livable cities and towns
Roads are public spaces. Wherever there are concentrations of people, roads are places where people interact, places where they live, work, play and learn; as well as means for motorised vehicles to get somewhere else.
The Greens top priority is reclaiming streets as public spaces and ensuring that everyone in society can get to the places they want to go.

Bike NZ
The Greens will facilitate development of a national cycling strategy within the National Transport Strategy. This will include better facilities for cycle tourists and cycle commuters. We would develop a nationwide network of cycleways commencing with a North Cape to the Bluff cycle route.

A network of signposted touring routes and accompanying maps and guide books would assist cycle tourists in and out of cities and airports and make cycle touring more attractive.

Cycle safety on the open road should be improved by widening narrow bridges or clipping on cycle lanes and creating separate cycle paths on busy or dangerous stretches of road. Widening and designating road shoulders on popular routes, keeping the shoulders swept and, when deviations are constructed, retaining the unused stretches of road for cycling would also be considered.

Responsible road reform
The Greens reject the commercialisation of roads suggested by the National Party, which would see profit driven roading companies go on a counter-productive road building spree. Roads will remain public spaces under community control.

• Once real alternatives are in place, the Greens support trialling the introduction of congestion charging, and polluter-pays charges for motor vehicles. These would replace other less direct charges.

PANZ RANKING = [3] Acceptable'

The policy provides a welcome recognition that roads mean more than motor vehicles. If private development and investment is confined to new alternative motor vehicle routes (ie. motorways), this should not compromise essential common law rights of unhindered passage over public roads. Partial commercialisation may only be a first step. There are also dangers that in the reviews of roading management law and policies, existing public rights of passage and road stopping and closing procedures could be compromised. Vigorous public scrutiny of such changes will be necessary.

A walking and cycling strategy may provide opportunity to better utilise public roads as public paths, as advocated by PANZ.

Labour
Summary of Transport Policies
SOURCE: http://www.policy.net.nz/

Maintain and build our roading infrastructure [with] high priority on increasing funding.

Labour Transport Policy
SOURCE: : http://www.labour.org.nz/

LABOUR'S ACHIEVEMENTS
The Labour led government has:

• Allocated the first ever dedicated funding for walking and cycling initiatives.

Labour will:

• Introduce legislation to implement major changes to land transport, as already signposted. The legislation will include provisions allowing partnerships between the public and private sectors, where appropriate, to finance large projects.
• Introduce legislation to consolidate and update road management powers, remove legislative barriers to greater cooperation between road controlling authorities and allow regional councils to fund and, under certain circumstances, both own and operate public transport infrastructure and services.
• Publish a New Zealand Walking and Cycling Strategy.
• Develop a new road management regime that will recognise the importance of the road corridor to all users, including pedestrians.
• Maintain and build our roading infrastructure [with] high priority on increasing funding.
• Speed up the investment in alternative routes by allowing developers to build roads on a build, operate, toll and transfer [back to public ownership] basis.
• Set up a joint venture initiatives development fund [to] speed up the modernisation of our bridge and roading infrastructure.
• Regional clustering of local government's roading responsibilities.
• Work with local government to identify and adopt roading policies which would lead to local and national benefits.

PANZ RANKING = [2] 'Poor'

This policy reflects a traditional one-dimensional view of public roads as no more than corridors for motor vehicles. There is no indication that road tolling for new roads will be confined to new motorways, and hence a real danger that National's previous intent of privatising/commercialising all roads is still on their agenda.

National

National Will Legislate To Build Roads Faster
Press Release by New Zealand National Party at 18 Jul 2002

National will allow public-private partnerships and road tolling to finance building new roads and to finance public transport, National Leader Bill English said releasing National's transport policy in Auckland today.

"National will bring in this legislation to get Auckland and other parts of the country moving - areas where bureaucracy and outdated legislation is stalling progress.

"We will amend the Resource Management Act to quicken what is now a lengthy hearing process for projects of strategic importance, and simplify the decision making on roading and public transport strategies.

"In Wellington, for example, Transmission Gully is long overdue. Growth in the region will be hindered without this transport link. National voted for Peter Dunne's Members' Bill to bring forward this project but Labour backed down on its word and voted it down.

"National will also review the processes for compensation under the Public Works Act to facilitate purchases of land for roading and public transport projects.

"We will also dedicate net speed camera revenue to road safety expenditure.

"Access to public transport and increasing use of public transport is important. We will continue patronage funding and funding passenger transport for those dependent on it," Mr English said.

ENDS

PANZ RANKING = [1] 'Seriously flawed'

Appears to be National's 'Better Transport - Better Roads' strategy in drag, tolls and all, while pretending that roads will not be privatised.

NZ First
Summary of Transport Policy
SOURCE: http://www.policy.net.nz/

• A strong emphasis on driver competence. It will become a privilege to drive [rather than] an automatic right.
• Upgrade highways, particularly those serving ports, to accommodate heavier trucking.
• Develop a [public] transport voucher system.
• Expansion of our Merchant Fleet.
• Coastguard vessels to have excise tax on fuel refunded

NZ First Transport Policy
SOURCE: http://www.nzfirst.org.nz/policy/transport.htm

ROADING

New Zealand First will not allow our roads to be privatised. However, we recognise that our roads have not kept pace with traffic numbers and vehicle types and that there is a need to address many roading issues. We will:

• implement a roading administration structure (Transfund/Transit) which is flexible, caters for the input and concerns of local government,and has the ability to borrow against roading income.
• Transit/Transfund should be structured on a commercial basis;
• Both entities would be independently administered, would charge user charges, and would be able to borrow against future income from the Superannuation Fund.
• A roading administration structure which is flexible, caters for the concerns of local government, and has the ability to borrow against roading income.

PANZ RANKING = [3] 'Acceptable'

Outdoor Recreation NZ
SOURCE: Outdoor Recreation NZ

Ensure unrestricted Public Access to Public Land

• Ensure government agencies and local bodies fulfil their statutory obligations with aspect to Queen's chain, legal roads, marginal strips, easements and other legal mechanisms
• Appoint an Access Ombudsman.

Regularly seek counsel from New Zealand's outdoor recreational organisations, lobby groups and users

• Gain information and advice on policy and issues of concern.
• Strive to reach consensus between outdoor recreation groups.
• Advocate in Parliament and elsewhere on behalf of NZ outdoor recreational users.

PANZ RANKING = [3] 'Acceptable'

United Future

United Future's response to PANZ Charter-

Public Roads
The idea of creating a public path network to ensure New Zealanders have a right of unhindered passage is endorsed.

Christian Heritage Party: no specific policies

Jim Anderton's Progressive Coalition: no policies available: web site inoperative

One NZ Party: no specific policies.

Back to: 2002 election guide to party policies

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Public Access New Zealand, P.O.Box 17, Dunedin, New Zealand

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