This page last modified 18 September 1998
Public Access, No. 3. October 1993
The following is a comprehensive
coverage of political partys' policies affecting public rights
of access and ownership of New Zealand's outdoors. This is a compilation
of manifesto and other printed statements, plus policy statements
from candidates during PANZ's grand pre-election tour.
This issue of Public Access is designed to assist
your decision-making on Election Day and for keeping the politicians
honest afterwards! Apologies for any errors or omissions. Our
comments and emphasis in italics.
The Queen's chain consists of
publicly owned strips of land along the banks of rivers and lakes,
and above the high water mark of the sea. It consists of public
roads, marginal strips, esplanade and other reserves.
Approximately 70 per cent of major waterways and the coast have
a 'Queen's Chain' along them. This is a unique and internationally
envied provision highly valued by generations of New Zealanders.
It is widely considered part of our birthright. However it is
capable of improvement to ensure that public access is available
to all major waterbodies.
Limitations and Concerns--
PANZ Policy Goals
Environment and Conservation
Policy
Existing public access to countryside, waterbodies and the conservation
estate will be protected and where possible extended.
Media Release 15 September 1993
Alliance would repeal Queen's Chain legislation: The Alliance
is totally opposed to legislation being introduced to alter current
laws governing the Queen's Chain and is committed to enacting
appropriate legislation to protect full public access to this
country's waterways.
The Labour Party's plan to introduce a private member's bill into
the House to set up guardians of the Queen's Chain, is a piecemeal
approach to an issue of tantamount importance. It would go nowhere
near far enough and could still allow for the exclusion of public
access to our beaches, lakes and rivers. The Alliance is committed
to the protection and enhancement of our natural resources and
would introduce legislation to overthrow any laws which excluded
the public from access to this nation's waterways.
Statements by candidates
Rex Verity, Waitaki.13/9/93
Commitment to work towards completion of Queen's Chain, and movable
strips.
Need to work on current mess (of Queen's Chain) first, then extend
extend system over private land, plus negotiated reserves.
Mike Newlove, St Albans. 14/9/93
Will protect existing access to rivers, sea etc. Will have no
hesitation in repealing (offending provisions) in Conservation
and Resource Management Acts.
Danna Glendining, Wellington-Karori. 20/9/93
Alliance committed to protection of Queen's Chain. Will repeal
any (provision) that restricts public access. Committed to movable
strips.
Dave Macpherson, Wairarapa. 21/9/93.
Not acceptable to bar access except some emergency and cultural
reasons. Personally considers movable strips good, but not yet
in Alliance policy.
Hamish MacIntyre MP, Manawatu. 22/9/93
Alliance favours actively investigating the completion of the
Queen's Chain, and restoring public access and ownership as the
primary purpose; restricting powers of closure to emergency agencies
only; all marginal strips becoming movable.
Heather Smith, New Plymouth. 24/9/93
No problem to do survey of Queen's Chain.
Press Release: The Alliance is pledged to protect democratic rights
of access to the country's waterways and will enact any necessary
legislation. She assured landholders that an Alliance government
would not tolerate any abuse of public access rights whether on
private or on Crown land. Such rights are a heritage we must pass
on intact to the next generation.
Cliff Tait, Hamilton-West. 30/9/93
Alliance will maintain Queen's Chain without exception. Existing
public access will be protected and where possible extended.
Sandra Lee, Auckland Central. 4/10/93
Alliance will extend where possible public access through legislative
means; opposes asset sales and abolition of conservation estate.
Judy Bischoff, Franklin. 6/10/93
Totally opposed to changes to principles and status of Queen's
Chain. Alliance policy that existing public access to countryside
protected and where possible extended.
Dr Keith Ridings, Rotorua. 8/10/93
Alliance will overturn any law that restricts public access.
Pledge towards 100% Queen's Chain coverage.
Graham Smith, Gisborne 12/10/93
Alliance committed to the Queen's Chain.
Do you support leases over marginal strips? No.
Do you favour making it an offence to charge for access to public
waterways? Yes.
Derek Holland, Napier 13/10/93
Absolute protection of Queen's Chain--a guarantee.
Do you support any form of leases or licences over marginal strips?
No.
Would you make charging for access an offence? Definitely yes.
Prof Jim Flynn, Dunedin North. 21/10/93.
Public access to water guaranteed by absolute protection of Queen's
Chain. Alliance will repeal any legislation that will jeapardise
the Queen's Chain. Will set up group to look at 100% Queen's Chain
coverage where practicable. Agree with movable strips in 99% of
cases, but difficulty in equity sum adjustment if strip on boundaries
of properties.
Make it illegal to charge for access to public waterways? No one
can claim monopoly.
Do you favour trespass rights over marginal strips? No.
Queen's Chain Protection
Bill
John Blincoe has introduced a Queen's Chain Protection Bill that,
if enacted will--
Bill will continue to be Labour
policy.
Manifesto
New Zealanders expect ready access to their coast, rivers and
lakes. That is the origin of the Queen's Chain, which comprises
a number of legal entities -- unformed public roads, marginal
strips, esplanade reserves and the more recently proposed esplanade
strips. About 70 per cent of our coast and major waterways are
thus protected, at least on paper.
However, problems of public access, and the discontinuity of the
Queen's chain remain issues that must be addressed.
National has changed the rules about completing the missing pieces
in the Queen's Chain jigsaw. Some of those changes we endorse.
In particular, we see the extension of Labour's movable strip
concept having some real practical advantages.
However, the total package of changes proposed by National is
unlikely to work.We believe that public access to our nation's
waterways will be significantly hindered. That is because National
emphasises private property rights, whereas Labour emphasises
public access rights.
Labour's policy aim is clear. We view public access as an important
principle. Labour will actively investigate ways to complete the
Queen's chain along the coast, and along the edge of all major
rivers and lakes, as far as practicable.
Labour will closely monitor
the new esplanade strip provisions. We will ensure that the management
provisions for privately-owned esplanade strips cannot be used
to unduly restrict access. Time may prove that esplanade strips
have a role outside the subdivision trigger process. Using the
concept as an alternative to reserves, however, must not downgrade
the right of New Zealanders to have access to their waterways.
Labour believes that minor subdivision over 4 ha ought to he reasonably
achieved without compulsory contribution of large amounts of land
as reserves. We are unconvinced, however, by National's stance
that major subdivisions over 4 ha should never have to contribute
esplanade reserves an a condition of subdivision. We will monitor
the implementation of the law changes closely in this regard and
consult with those affected...
Mike Moore 7 October 1993
Labour is...committed to actively investigating ways of completing
the Queen's Chain, as far as practicable, along the coast and
the edge of all major rivers and lakes. The Queen's Chain Protection
Bill will authorise the New Zealand Conservation Authority to
do that work.
Labour believes that these changes
(to marginal strips via Conservation Amendment Bill (No 2)), as
a whole, are unnecessary and undesirable. They are too general,
too wide in their application, and too open to abuse by this or
some future Government. That is why Labour is strongly opposed
to them.
John Blincoe, Conservation Spokesperson,
6 September 1993.
If elected, Labour will consult with those affected as to whether
the Queen's Chain and leasing provisions in the Conservation Amendment
Bill can be satisfactorily redrafted. However we reserve the right
to scrap them entirely.
Statements by candidates
Jim Sutton, Waitaki. 13/9/93
Nothing wrong with leases and licences to formally recognise existing
use of marginal strips; acknowledged leases and licences confer
trespass rights.
Should be proactive; can't wait for subdivision and sale of Crown
land for creation of Queen's Chain; need suitable agency, DOC
doesn't qualify; regional councils possibly.
Labour committed to protecting and extending Queen's Chain but
respect legitimate interests of land occupiers.
Labour will not follow British example re fishing and shooting
rights.
There are times when the public should be excluded from marginal
strips eg., fire risk; leases per se are not good or bad; what
their terms are is important.
Ownership irrelevant to creation of public access rights.
John Blincoe MP, Nelson. 14/9/93
National government went too far on RM Amendment.
Conservation Amendment Bill--Labour strongly opposed to changes
to marginal strips; they are unnecessary and undesirable.
There is merit in extending movability.
Approach taken in Queen's Chain Protection Bill will continue
to be policy of Labour.
Ron Howard, Blenheim. 15/9/93
Labour agrees with 100% Queen's Chain coverage as far as practicable.
RMA--National has gone too far. Labour will monitor closely and
reserve right to amend.
John Blincoe MP, Nelson. 16/9/93
Conservation Amendment Bill too general and too wide in application,
too open to abuse by this and future governments; Labour opposed
to provisions.
Labour reserves right to scrap entirely leasing of marginal strips.
Geoff Rowling, Tasman. 16/9/93
Supports totally public access to public lands.
John Blincoe MP, Nelson. 20/9/93
Labour's position on public access--
Must continue to complete Queen's Chain coverage; will actively
investigate completion.
RMA: Labour wanted movability provisions for esplanade reserves.
Queen's Chain more important than national parks etc.
Rex Gorman (for Peter Teahan) Wairarapa.
21/9/93.
Privatisation of land-- need to arrest privatisation. There is
a role for public ownership of land; protection through government
because private ownership will never provide this. Leases over
Queen's Chain thin end of wedge; only the beginning, not the end.
Labour's 1975 Queen's Chain Bill: Need to look at approach again;
could it work today? Approach failed in 1975 on political grounds.
Has to be a comprehensive look at public access, Queen's Chain,
rivers and streams--Queen's Chain Protection Bill has started
ball rolling.
Jill White, Manawatu. 22/9/93
The importance of maintaining public access an unequivocal commitment
from Labour.
Will actively investigate extending Queen's Chain as a priority.
RMA--committed to monitor working of esplanade amendments and
bring about changes as result of monitoring.
Stephen Wood, Taranaki. 24/9/93.
Conservation Amendment Bill--reduction in width (would be) in
line with RMA (but) danger is 3 metre becomes the normal width;
20 metres is not necessary.
Martin Gallagher, Hamilton-West. 30/9/93
Labour absolutely committed to public access and the chain.
Richard Prebble MP, Auckland Central. 4/10/93
Labour wants to extend Queen's Chain: a difference with National.
Labour will actively investigate completion of Queen's Chain as
far as practicable.
John Chadwick, Rotorua. 8/10/93
Labour objects to leases and licences over marginal strips.
Gordon Dickson, Tarawera. 8/10/93.
Labour's policy is to work to extend Queen's Chain coverage (Cf
Queen's Chain Protection Bill).
Janet Mackey, Gisborne. 12/10/93
Labour policy: not interested in reducing public access to waterways/increasing
it a matter of national importance in RMA. 30% short coverage
unsatisfactory--goal 100%.
Labour does not see need for leases over marginal strips.
Will actively investigate completion of Queen's Chain; esplanade
strips may have a place.
Do you support leases over marginal strips? No.
Do you favour making it an offence to charge for access to waterways?
Don't know for Labour Party, but personally yes.
Peter Reynolds, Hawkes Bay. 13/10/93
Supports John Blincoe's Queen's Chain Protection Bill.
If Labour becomes the Government the Queen's Chain Protection
Bill will replace Government's Bill (reported on Bay City Radio,
Napier 15/10/93).
Geoff Braybrooke MP, Napier. 13/10/93
Do you support any form of leases or licences over marginal strips?
No, but somewhere there may be (need).
Conservation Amendment Bill: If change of government to Labour
the Bill will die. (Labour policy--Peter Reynolds).
Would you make charging for access an offence? Don't know the
answer. Heart says yes, but some Maori already charge on Lake
Taupo.
Pete Hodgson MP, Dunedin North. 21/10/93
Labour will actively investigate completion of Queen's Chain.
Labour happy to review powers of closure over Queen's Chain.
Labour happy to receive advice to contrary on managers over marginal
strips.
Working party's recommendations--in very substantial agreement.
Cl 12--agree to increase in width. Labour want stronger provision
(veto power by Conservation Boards).
Cl 13--no problem whatsoever on working party recommendations
.
Cl 14--came to same conclusion as working party; no good reason
for leases and licences.
Agrees entirely with working party/no impediment to reaching deal
with Labour.
Make it illegal to charge for access to public waterways? Not
appropriate for exclusive use. Labour will look at actively completing
Queen's Chain. Need to look at ways of doing. If charge must also
provide public access?
Do you favour trespass rights over marginal strips? No, no reason
for Cl 14.
Manifesto
Statements on Conservation
Amend. Bill
Denis Marshall, Minister
of Conservation to Cabinet Environment Committee (undated)
Conservation Amendment
Bill
Concessions for Recreation, Tourism and Other Purposes
"The intent of the reforms is to remove inconsistencies in provisions between the three Acts (Conservation, National, Parks, Reserves), and within both the Conservation and Reserves Acts. These inconsistencies create administrative confusion for staff and applicants for concessions, and reduce the ability of the department to respond efficiently to applicants and generate revenue for the Crown".
Denis Marshall, Dominion 17 July 1993
Marshall denies plot to privatise margin strips.
The Conservation Amendment Bill involved no conspiracy to restrict
public access to conservation land or public access strips...Mr
Marshall said the Bill would enable the Conservation department
to appoint runholders as managers of strips and there would be
no change to trespass rights.
Robin Gray MP, Clutha. Taieri Herald 20 July 1993
However after seeking clarification from Wellington on the issue
Mr Gray told the gathering (at Taieri Mouth) that the Conservation
Amendment Bill sought to guarantee the public's rights once marginal
strips in question are put under private control. It is the question
of what protection the public will have regarding the marginal
strips once they go into private hands.
Bill English MP, Wallace.
Southland Times 24 August 1993
Public access to Southland waterways would be increased under
proposed amendments to the Conservation Act, Wallace MP Bill English
said.
Farmers were generally good land managers and leasing the marginal
strips would increase the accessibility of the waterways...leasing
the strips would give grazing rights to the lessee and public
access would only be denied in special circumstances, such as
during lambing.
Hon Denis Marshall
Reply to Parliamentary Question 15 September 1993
The (Conservation Amendment) Bill will ensure that the public
can only be restricted (over marginal strips) where it is necessary
for public safety or for the operation of a licensed business...the
Government will not allow the public to enter private property..."
Statements by Candidates
Alec Neill MP, Waitaki. 13/9/93.
Supports Queen's Chain on major streams.
Will closely look at movable strips.
No charging for access to waterways (any private or public).
Support private managers over marginal strips (they are natural
conservators).
Alec Neill MP, Waitaki. 14/9/93
National Government intention to enhance and extend Queen's Chain.
Must look for solution to allow movable strips.
No right for any New Zealanders to charge for access to water.
Private managers over marginal strips--there are a large number
of pastoral lessees who are natural conservators.
Will raise with Minister (of Conservation) the possibility of
a government working party to consider extension of Queen's Chain.
Doug Kidd MP, Marlborough. 15/9/93
No one is locked in on Conservation Amendment Bill.
Willing to make sure the Bill does not inhibit access.
Would welcome changes to Bill.
Nick Smith MP, Tasman. 16/9/93
100% committed to public access to Queen's Chain--need a technical
council.
In principle committed to movable strip provisions; but could
result in up to 70% loss of some private property.
Maori claim settlements: categorical assurance that Queen's Chain
will always be set aside.
Would introduce a private members' Bill making it illegal to charge
for access to waterbodies, if evidence of a problem.
Working party to put constraints on leasing provision.
Margaret Emerre, Nelson. 16/9/93
Support public access, but need to be practical. Need to rationalise
esplanade reserves etc. There are both rights and responsibilities
for public access.
Denis Marshall MP, Rangitikei. 20/9/93
Conservation Amendment Bill: Working party (seeking) consensus
on principles, criteria. Bill will not go through with opportunities
for public access to be diminished; rather take time to get it
right.
Clause 14 will stand a lot of modification.
Denis Marshall MP, Rangitikei. 22/9/93
Government has absolute commitment to maintain public access to
coasts, rivers and lakes.
Conservation Amendment Bill: working party to obtain a consensus.
Why not drop clauses? Response: an opportunity to enhance public
access.
Not going to let working party report back until he is satisfied--don't
care how long it will take.
Gray Baldwin, Manawatu. 22/9/93
Don't be threatened by 3 million tourists; incredible money-spinner;
increased lrexibility (needed) to cater for tourism development
on Queen's Chain.
Gael Donoghue, Wanganui. 23/9/93
National government has commitment to maintenance and enhancement
of public access to coasts, lakes and waterways.
Reporting on working party--on evening 15 September achieved agreement
on policy: Cl 12 +public process; Cl 13 +final drafting; Cl 14
did not get very far/will refine. Purpose of clauses to maintain
and enhance public access.
You have my word to maintain and enhance Queen's Chain.
John Armstrong MP, New Plymouth. 24/9/93
Conservation Amendment Bill--undertaking that will not proceed
until concerns put to bed.
Conservation Amendment Bill won't proceed until fixed. Why is
Minister doing this? To bring in line with RMA and (to provide)
better access.
Tony Steel MP, Hamilton East. 30/9/93
National trying to get closer to 100% Queen's Chain coverage.
No need for 20 metre marginal strip. Public have rights but responsibilities.
Conservation Amendment Bill: no way it would go through caucus
(if it eroded public rights) --that is an absolute assurance.
Re meeting of working party on 15/9/93: no way Bill is going to
deny public access-- an absolute assurance.
Would resign as MP if Bill passed and denied public access.
Clauses will be withdrawn completely unless public access will
be maintained.
The Bill has to be to everyone's satisfaction.
Maurice Williamson MP, Pakuranga. 4/10/93
Conservation Amendment Bill: The legislation will not proceed
unless agreement from the (working party) groups on the wording
(named FMC, F&G, F&B, but not PANZ).
National not going to make commitment on extending Queen's Chain.
Bill Birch MP, Maramarua. 6/10/93
Conservation Amendment Bill: Don't want to proceed if there are
any ambiguities.
Re clause 14 (leases): Not a big deal; could take out; would not
support excluding public; select committee has lots of scope.
Alec Neill MP, Waitaki. 8/10/93
Reading Prime Minister's statement: the legislation will not return
to the House unless proper protection for all existing Queen's
Chain; must increase and enhance the Queen's Chain and this government
will do so.
Will withdraw clause 13 subject to working party looking (further)
at it.
Max Bradford MP, Tarawera. 8/10/93
Free and open access to public lands? Unequivocal guarantee that
National will work to enhance by RMA--onus on district councils.
Conservation Amendment Bill: no way that national caucus would
accept any compromise of public access to the Queen's Chain; the
words will say what we mean.
Queen's Chain: will do everything possible to enhance public access,
given private ownership.
Wayne Kimber MP, Gisborne. 12/10/93
Conservation Amendment Bill: need to do justice to other submissions
(before removing clauses).
Re charging for access to waterways: commitment by Government
to find a solution.
Do you support leases over marginal strips? Yes, because we sponsored
Bill, But Jim Bolger has stated not our intention to erode public
access.
Do you favour making it an offence to charge for access to waterways?
No practical answer yet.
Hugh Perkins, Dunedin North. 21/10/93.
Make it illegal to charge for access to public waterways? Don't
know what National thinks.
Do you favour trespass rights over marginal strips? Nothing in
Bill will (create such rights); re Cl 14 designed for new rights...
Queen's Chain Policy by Dominic Worthington
Who is the Queen anyway? While we appreciate that the Queen's
Chain is an excellent semi-archaic concept that obviously works
well in the modern day we feel it is inappropriately named. Firstly
Clan McGillicuddy do not recognise the Queen of England, rather
we prefer Bonnie Prince Geoffie, King of Aoteoroa-in-waiting.
Secondly chain is a hellishly environmentally unsound substance,
involving mining and smelting in it's production. Far better to
opt for hemp rope.
So what's to be done about the "Prince's Hemp Rope"?
Well we feel that it has an essential part to play in bringing
peace and harmony to New Zealand. To do this we must extend the
definition of a 'Body' of Water to include groups of human beings,
which after all are 98% water. Once the McGillicuddy plan for
a Great Leap Backwards is implemented and we are all living happily
ever after in Post-Nuclear Clans and Tribes then the stretching
of the Prince's Hemp Rope (nee Queen's Chain) around these groupings
will ensure that that there is no life threatening conflicts,
pointless movements of commodities or spread of disease.
Further we should recognise that water comes in solid and gaseous
forms which also need protection. So the McGillicuddy Serious
Party will put the rope around all ice, steam and clouds. This
will ensure sacred status for all mountaintops and prevent jet
aircraft from messing up the sky with their trails on a sunny
day.
I hope these policies will help to demonstrate that the McGillicuddies
will be keeping the Queen's Chain, whoops...Prince's Hemp Rope,
in place for the next few centuries at the very least. Any small-time
triennial politician that tries to remove it will have to deal
with our wrath...
Environment and Conservation
Policy
The 'Queen's Chain'
concept of public access along the shores of waterways, is recognised
as a special, important right bestowed upon all New Zealanders.
New Zealand First will ensure the the 'Queen's Chain' will be
retained. Legislation will be introduced to remove the Minister's
existing right to alter the width of the 'Queen's Chain'.
Statements by Candidates
Jenny Bloxham, Timaru. 13/9/93
NZF will protect the Queen's Chain.
Tom Harrison, Marlborough. 15/9/93
Queen Victoria's instructions should be ratified.
Dr Ian Shearer, Onehunga. 4/10/93
No argument about the Queen's Chain--part of New Zealand's heritage--no
sale of it.
Patra de Coudray, Franklin. 6/10/93.
Absolutely opposed to reducing Queen's Chain.
Public rights will be upheld absolutely.
Eileen Rodriguez, Dunedin North. 21/10/93
NZF committed to protection of Queen's Chain.
Committed to legislate to remove right to diminish width.
Make it illegal to charge for access to public waterways?
Would be preferable to move something in Parliament.
FMC asked the Alliance and Labour for their view on the Queen's Chain and leasing of conservation land. They replied--
Alliance: "The principle of public access to all waterways must remain intact. We are therefore totally opposed to the proposals." The Alliance opposes the ability to lease parts of National Parks."
"Labour believes that the changes are unnecessary and undesirable. They are too wide in their application and too open to abuse by this or future governments. Labour is committed to protecting the Queen's chain. We will actively investigate ways of completing the Queen's chain as far as practicable along the coast and the edge of all major rivers and lakes."
Will your party--
Amend the Conservation Amendment Bill (No 2) to prevent leasing
any part of the Queen's Chain?
Alliance YES
Labour YES
National UNDECIDED
NZ First YES
Repeal the provisions of the Resource Management Act which exempt subdivisions over 4 hectares from the requirement to create esplanade reserves?
Alliance UNDECIDED
Labour UNDECIDED
National NO
NZ First YES
Retain in public ownership Crown owned inland waters and the recreational resources therein?
Alliance YES
Labour YES
National YES
NZ First YES
Being our national parks, reserves and other conservation areas, fisheries, wildlife, and the sea.
Problems--
PANZ Policy Goals
Environment and Conservation
Policy
Existing public access to countryside, waterbodies and the conservation
estate will be protected and where possible extended.
Tourism Policy
Visitors come to New Zealand primarily to visit our natural resources
of lands and waters, flora and fauna. This conservation estate,
which covers 30% of the nation, is our greatest resource and must
be managed with absolute care to prevent it being destroyed by
the very visitors that will come to enjoy it. We must also retain
the unique nature of the attractions that generate so much tourist
interest rather than blindly copying the tourist attractions and
facilities of other countries.
Within this framework we will
ensure that the very attractions that visitors come here to appreciate
are not themselves placed at risk through overuse or poor management,
requiring that we put in place measures that preserve the ecosystem.
Any degradation of the environment by tourism would be a very
real disaster, both for the industry and for New Zealanders now
and in the future.
Better cooperation of both existing and new developments will
provide a sounder base for the industry, and at the same time
provide the overview needed to protect and manage the estate in
perpetuity and to adhere to the principles of the Treaty of Waitangi.
The initiative between the Tourism
Board and the Department of Conservation in drafting a strategy
for management of the growth of international visitors to the
conservation estate which contains most of the country's significant
natural attractions is to be commended.
Key points of Alliance Tourism Policy are--
Statement by Mike Smith, Tourism Spokesperson 17 September 1993
The Alliance recognises the enormous benefit of developing tourism,
but requires our National Parks and Reserves to be developed by
local enterprise in partnership with DOC, and always to maintain
the public's right of access to the "Queen's Chain"
without exception.
PANZ Comment: National parks etc., do not exist for purpose
of development, but for preservation of intrinsic values with
use consistent with that purpose.
Forestry Policy
Protection, conservation & management of indig. forests--
Wherever possible, public access to these forests for recreation,
sport or harvesting of products other than timber will be encouraged,
within strict controls for environmental protection and the protection
of the enjoyment of other users.
Statements by candidates
Rex Verity, Waitaki. 13/9/93
Concerned about Certificates of Title over the public estate.
Alliance view is that public access is not for sale.
Tourism-- need quality not quantity.
Mike Newlove, St Albans. 14/9/93
Has no policy on Maori claims over public lands, but agrees with
PANZ' s policy approach.
Danna Glendining, Wellington-Karori. 15/9/93
Treaty of Waitangi: Alliance very committed to the partnership
based on Treaty. We have to learn about Treaty and what it means
to Maori; very important to debate the Treaty.
Dave Macpherson, Wairarapa. 21/9/93.
Not acceptable to bar access except (for) some emergency and cultural
reasons.
Alliance will create fund to rebuild public assets.
Agrees that public access to the public estate should be a matter
of national importance in RMA.
Treaty of Waitangi Claims: not happy with settling out of Court;
should be alternatives available.
Dr Hamish MacIntyre MP, Manawatu. 22/9/93
Very concerned about DOC as a commercial entrepreneur.
Heather Smith, New Plymouth. 24/9/93
Alliance promises much increased funds for DOC.
Cliff Tait, Hamilton-West. 30/9/93
Will require national park and reserves development in conjunction
with DOC.
Existing public access will be protected and where possible extended.
Sandra Lee, Auckland Central. 4/10/93
Alliance will extend where possible public access through legislative
means; opposes asset sales and abolition of conservation estate.
Judy Bischoff, Franklin. 6/10/93
Alliance policy that existing public access to countryside protected
and where possible extended.
Dr Keith Ridings, Rotorua. 8/10/93
Re Tourism Management Plan:
Parks and reserves should be developed by New Zealanders in partnership
with DOC.
Alliance will overturn any law that restricts public access.
No loss of public access in claim settlement? Will take some decades
to solve problem.
Graham Smith, Gisborne. 12/10/93
Do you agree with use of public lands for settlement of unproven
claims? No, as could be sensible trade-off; generally speaking
not national parks.
Derek Holland, Napier. 13/10/93
Tourism Policy-- DOC will have funding, alongside Tourism industry
(to do its job).
Return of public lands to Maori if no proven claim? No. If proven
case have to find other means.
Prof Jim Flynn, Dunedin North. 21/10/93.
Alliance accepts that Waitangi Tribunal will decide all cases.
Tribunal should be one that makes (judgement); Crown must draw
line...
Do not believe that one ethnic group should have privileged access
rights.
Role of Waitangi Tribunal or Government to determine validity
of claims? Alliance accepts that Waitangi Tribunal will decide
all cases.
Would Party agree to handing over conservation areas in absence
of favourable findings by Waitangi Tribunal? Should not.
Would Party use other government assets to settle claims? Answer:
eg. Stephens Island--would be (prepared to).
Will you increase funding for DOC?
Funding must be enhanced.
Labour's Plan for the
Environment
June 1993
Environment Policy
Management and Access Issues
Public Access
Maintaining and restoring our natural heritage will be a major challenge, but it will not he enough. We must also ensure that people can enjoy that heritage. Public access rights should he jealously guarded. Cost recoveries by DOC should not be allowed to become a barrier to public entry to these commons.
Nor should too much use he allowed to compromise the very values that people come to see. Nature tourism should not he allowed to destroy the most sought-after parts of the Conservation estate.
Statements by Candidates
Jim Sutton, Waitati. 13/9/93
Ownership irrelevant to creation of public access rights.
John Blincoe MP, Nelson. 14/9/93
Treaty of Waitangi-- Labour has no formal policy (yet).
John Blincoe MP, Nelson. 16/9/93
Treaty claims: position as articulated by PANZ about right; made
good sense/where it should be.
Geoff Rowling, Tasman. 16/9/93
Supports totally public access to public lands.
John Blincoe MP, Nelson. 20/9/93
Labour's position on public access--
Cost recoveries by DOC should not become a barrier to public access.
Treaty of Waitangi-- DOC estate not as a soft option.
Rex Gorman (for Peter Teahan) Wairarapa. 21/9/93.
Privatisation of land-- need to arrest privatisation. There is
a role for public ownership of land; protection through government
because private ownership will never provide this.
Jill White, Manawatu. 22/9/93
The importance of maintaining public access an unequivocal commitment
from Labour.
DOC entrepreneal role-- should not be cost barriers that keep
people out; will be very carefully looked at.
Maori claims--obligation to right justified wrongs. Labour does
not regard conservation estate as a soft option for righting wrongs.
Freedom of individual to utilise public resources? There are issues
of safety and conflict between groups; access is not an absolute.
Stephen Wood, Taranaki. 24/9/93
Treaty claims--unsure if any Labour policy. Doing deals doesn't
work; only (legitimate) forum is Waitangi Tribunal.
Martin Gallagher, Hamilton-West. 30/9/93
Claimed Treasury has proposals for charging for access to national
parks.
John Chadwick, Rotorua 8/10/93.
No loss of public access in claim settlement? When crown land
sells--yes. Where Crown land returns land to Maori ownership,
a different situation--cannot give unequivocal assurance.
Janet Mackey, Gisborne. 12/10/93
Do you agree with use of public lands for settlement of unproven
claims? No.
Geoff Braybrooke MP, Napier. 13/10/93
Labour caucus has decided that on conservation and other matters
select committee with Minister on it will come to (public, away
from Wellington) for submissions on proposed Bills before introduction
to Parliament.
Return of public lands to Maori if no proven claim? Waitangi Tribunal
can only advise; need to judge everything on merits of case.
PANZ Comment: Tribunal has
two roles: (1) determine findings of fact on claims; (2) make
recommendations to government.
Pete Hodgson MP, Dunedin North. 21/10/93.
Role of Waitangi Tribunal or Government to determine validity
of claims? I do not think that Tribunal has any other role than
recommendary. No Labour policy.
Comment: as above.
Would Party agree to handing over conservation areas in absence
of favourable findings by Waitangi Tribunal? Should not.
Would Party hand over areas such as Caples and Greenstone to Ngai
Tahu contrary to findings by Waitangi Tribunal? There will be
a three-way division in high country when change of lease. Labour
intent on changing Land Act. May well be settlement by way of
leases. Leaseholding and freeholding vastly different. If leaseholding
then three-way split.
Would Party use other government assets to settle claims? Things
wrong that conservation estate not part of agreed claim ought
to be part of any settlement.
Labour policy is for access (by 'environmental' groups) to legal
aid.
Will you increase funding for DOC? Funding will be returned to
level when Labour left office.
National Manifesto '93
Environment Policy
Achievements of first term--
Protecting Our Heritage
National will--
Photo caption:
Maori Development
Progressing Treaty of Waitangi claims: both Maori and Government
want to move as quickly as possible beyond a focus on grievance
and wrong-doing. The settlement of Treaty claims must be seen
as a vehicle for progressing issues of Maori development. The
Government reaffirms its commitment to settling all major claims
by the turn of the century.
Statements by Candidates
Alec Neill MP, Waitaki. 13/9/93
Crown Estate-- tracks should be open to all.
Need for greater signage of access(ways).
Alec Neill MP, Waitaki 14/9/93
Divesting ownership of public lands to Maori--it is essential
that there is adequate protection (for the public).
Concerned at any charging by Maori for public access.
Nick Smith MP, Tasman. 16/9/93
Maori claim settlements: categorical assurance that Queen's Chain
will always be set aside.
If any proposal to build hotels in public estate I will oppose
it.
Denis Marshall MP, Rangitikei. 20/9/93
Treaty of Waitangi: commitment that conservation values should
never be diminished (by use of public estate in settlements).
Would require an Act if marginal strips had to be foregone in
any Treaty settlement.
Mt Hikurangi: both parties equally aggrieved; at an impasse.
Some modification will occur on leases over national parks etc.
There will be nothing in the Bill that will limit access.
Denis Marshall MP, Rangitikei. 22/9/93
No commitment to vest large areas of public estate in Maori; status
of conservation lands must remain. Would not enter into arrangements
that deny public access.
Mt Hikurangi deal has been unsatisfactory; a stalemate over that
area.
Freedom of individual to utilise public resources? We impose some
restrictions on what we can do--with every freedom there comes
responsibilities.
Gray Baldwin, Manawatu. 22/9/93
Don't be threatened by 3 million tourists; incredible money-spinner.
Gael Donoghue, Wanganui. 23/9/93
Essential that New Zealanders have access to the outdoors.
Tony Steel MP, Hamilton East. 30/9/93
Treaty Claims: There are no secret deals; only substantiated or
proven grievances being used.
Bill Birch MP, Maramarua. 6/10/93
The Milford track position (freely available public use) should
apply (in national parks).
Totally opposed to charging for use of tracks.
Max Bradford MP, Tarawera. 8/10/93
Free and open access to public lands? Unequivocal guarantee that
National will work to enhance by RMA--onus on district councils.
Maori claims?
Personal position of being totally and utterly opposed to public
conservation areas being used for settlement of claims; unrestricted
access will be maintained.
No loss of public access in claim settlement?
Public must continue to have public access to that land; also
National Party's position.
Wayne Kimber MP, Gisborne. 12/10/93
Treaty claims--personally against free trading of access to public
estate.
Do you agree with use of public lands for settlement of unproven
claims? No.
Hugh Perkins, Dunedin North. 21/10/93
Would Party agree to handing over conservation areas in absence
of favourable findings by Waitangi Tribunal? Would be happy to
seek Party position.
Would party use other government assets to settle claims? Would
negotiate with anything of commercial value, but think that anything
in conservation estate doesn't fit.
Supports public access as it is, and increases where it doesn't
cause major problem with economic impacts.
Will you increase funding for DOC? Happy to seek national position.
Don't accept that public ownership is prerequisite for public
access.
Jenny Bloxham, Timaru. 13/9/93
PANZ slogan ("Public Access--Public Ownership") could
be ours.
NZF will defend right of New Zealanders of free access, and personal
freedom's and liberties.
Tom Harrison, Marlborough. 15/9/93
NZF owe no allegiance to the party, but to electors.
Public ownership and control will be retained.
Eileen Rodriguez, Dunedin North. 21/10/93
Would Party agree to handing over conservation areas in absence
of favourable findings by Waitangi Tribunal? Would listen to Tribunal.
Will your party--
Retain the principle of free pedestrian access across public lands
and amend section 26ZN of the Conservation Law Reform Act to include
prohibition on access charges?
Alliance YES
Labour YES
National YES
NZ First YES
Retain in public ownership Crown owned inland waters and the recreational resources therein?
Alliance YES
Labour YES
National YES
NZ First YES
In the settlement of Treaty claims, ensure that the Crown consults the people of New Zealand, including environmental and recreation groups?
Alliance YES
Labour YES
National YES
NZ First YES
Treaty of Waitangi Claims
over Public Estate
FMC asked what forms of settlement would be offered to Maori who
made claims for conservation lands that had been acquired in breach
of the Treaty. FMC listed four possible options ranging from handing
ownership to Maori to offering other land or money instead. Labour
and the Alliance did not identify which of the options they would
be offering. Their comments were:
Alliance
"Where any Maori claimant has succeeded in a claim that includes a property regarded as having conservation and environmental values of exceptional quality, the Crown will negotiate a new arrangement including the use of the Public Works Act."
Labour
"The conservation estate must not be regarded as a soft option for resolving claims and grievances in the absence of other substantial Crown assets. Any settlements must be acceptable to the public as the Crown's stakeholders because they are not, resentment is likely to result and fester.'
National
Mr Marshall replied that the option offered would depend on the circumstances and merit of a particular case. He said that Maori ownership, Maori management or offering other land or money might be appropriate and that "there may be other options as well".
Coastal Policy
"Will you rewrite the National Coastal Policy Statement so
that priority is given to the protection of natural coastal areas
and the provisions for public access are upgraded"?
Alliance
"An Alliance government will study the issue and if necessary amend the statement "
Labour
"Should the National government's version fail to provide adequate environmental protection for the Coast we will review it."
National
"The government will await the recommendations of the board of inquiry that is currently hearing submissions on the statement before considering changes to the draft policy."
Formed and unformed roads provide
the primary and usually only means of public access through the
countryside and to public lands and waters.
Problem
PANZ Policy Goal
Statements by Candidates
Danna Glendining, Wellington-Karori. 20/9/93
'Paper' Roads: (people with concerns) should become decision-makers
in district councils.
Dave Macpherson, Wairarapa. 21/9/93
Public Roads: would agree to legislative duty (on district councils
to protect public rights).
Graham Smith, Gisborne. 12/10/93
Do you support introducing a statutory duty on district councils
to enforce public rights of passage over public roads? (Yes) --
(Councils) won't do it if there is not an obligation.
Derek Holland, Napier. 13/10/93
Would you introduce a statutory duty on district councils to uphold
public rights over public roads? Yes, with possible proviso for
closure for fire risk.
Rex Gorman (for Peter Teahan) Wairarapa. 21/9/93
Public Roads: should take roads back out of local (government)
hands.
Geoff Braybrooke MP, Napier. 13/10/93
Would you introduce a statutory duty on district councils to uphold
public rights over public roads? Yes, Labour were starting to
before 1990 then got the boot. Law should be strengthened, there
is a huge gap in it.
Alec Neill MP, Waitaki. 13/9/93
Need for greater signage of access(ways).
Nick Smith MP, Tasman. 16/9/93
Public Roads: a system of compulsory signage on all unformed public
roads needed.
Denis Marshall MP, Rangitikei. 22/9/93
Public Roads--In favour of duty over roads? Best done by voluntary
negotiation; best advanced by goodwill in community.
Max Bradford MP, Tarawera. 8/10/93
Public roads: if a problem (with obstruction) will guarantee that
select committee will look at it; define the nature of the problem
for government.
Wayne Kimber MP, Gisborne. 12/10/93
Do you support introducing a statutory duty on district councils
to enforce public rights of passage over public roads? (No)--understand
there are obligations to spend money (don't agree that council's
should have to for this purpose).
PANZ Comment: There are no obligations on Councils to spend money on roads.
These are the largest remaining category of Crown-owned lands outside the conservation estate. There are 2.5 million hectares of high country and mountainous lands under pastoral lease in the South island. This is 10 percent of N Z. It is a huge potential resource for public recreation and enjoyment that should be made more readily available. Currently it is only available at the pleasure of the runholders who hold trespass rights even over ungrazable lands. This is an anachronism that successive Governments have failed to deal with. The only right-of-use that runholders have is grazing; anything else requires Government consent. There are growing pressures for the granting of commercial recreation rights to runholders. If granted these will shut out the general public in favour of the patrons of commercial ventures.
Problem
PANZ Policy Goals
No manifesto statements.
Environment Policy
South Island High Country
Labour will augment these efforts (Rabbit and Land Management
Programme etc.) by rationalising high country leases. This will
require a review of the Land Act 1948 to establish tenure and
controls that promote ecologically sustainable land use. Practices
such as burning off high country tussock must not be permitted
where significant conservation values would be compromised.
Statements by Candidates
John Blincoe MP, Nelson. 14/9/93
Pastoral leases-- Labour approves of three-way split; should review
Land Act; cannot be put off any longer.
John Blincoe MP, Nelson. 16/9/93
Pastoral leases: favour three-way split.
John Blincoe MP, Nelson. 20/9/93
Pastoral leases-- Land Act overdue for revision; favour three-way
split.
Janet Mackey, Gisborne. 12/10/93
Pastoral leases: Labour will explore provision of public access
as condition of renewal of leases.
Pete Hodgson MP, Dunedin North. 21/10/93
Would Party hand over areas such as Caples and Greenstone to Ngai
Tahu contrary to findings by Waitangi Tribunal?
There will be a three-way division in high country when change
of lease. Labour intent on changing Land Act. May well be settlement
by way of leases. Leaseholding and freeholding vastly different.
If leaseholding then three-way split.
Alec Neill MP, Waitaki. 13/9/93
Pastoral leases--National looking at three categories; third category
(restricted use) being reviewed but no commitment.
South Island High Country
FMC asked if the party would bring in the proposed 3-way classification
of pastoral lease land and allocate land with predominant conservation
values to DOC.
Alliance
Yes. Negotiations will be held with all interested groups to address the issue.
Labour
Yes. Support a three way split and intend to review the Land Act "to establish tenure and controls that promote ecologically sustainable land use".
National
Yes. "National fully intends to amend the Land Act to enable land in the high country to be transferred to the Conservation estate for ongoing protection. On the other side of the coin, land with predominant farming value will be able to be freeholded by the current lessee".
Comment: Does not appear to be a commitment to 3-way categorisation, therefore consistent with other responses.
Will your party--
Rewrite the Land Act to provide for three-way categorisation of
pastoral leases with land with predominant conservation values
being protected by the Department of Conservation? Special leases
for land with both conservation and farm values should be drawn
up.
Alliance undecided (support in principle)
Labour Yes
National No commitment