This page last modified 13 August 1999

Back to news release directory

Queen's Chain

'Queen's Chain' news releases

Directory


4 March 1996

Leasing of marginal strips an 'act of betrayal'.

Government's intention to enact provisions for leasing of the Queen's Chain is in complete violation of promises it made to the public during the last election.

Public Access New Zealand spokesman Bruce Mason was commenting on Government's intention this week to push through Parliament highly controversial clauses in the Conservation Amendment Bill (No. 2) allowing leasing of marginal strips along the banks of rivers and other waterways.

PANZ believes that if Parliament passes the objectionable provisions it is certain that the issue will again become an election issue.

Mr. Mason said that the key feature of marginal strips is that they are "reserved from sale or other disposition". This prevents leasing and other forms of 'disposition'. A lease conveys rights of exclusive occupation, meaning that the public become trespassers despite the land being publicly owned.

The origin of the phrase "reserved from sale or other disposition" dates back to Queen Victoria's instructions to Governor Hobson in 1840 that "not on any account, or on any pretence whatsoever, grant, convey, or demise to any person...nor permit or suffer any such land to be occupied by any private person for any private purposes".

In a legal opinion, Sir Geoffrey Palmer has confirmed that "the fundamental purpose of marginal strips was that they were a category of land that should forever remain free from sale or other disposition. If the Conservation Amendment Bill (No 2) as reported back by the Select Committee is passed by Parliament, that principle will be breached".

Contrary to Conservation Minister Denis Marshall's assurances (Radio NZ 2/3/96), his amendments change the law in a fundamental way and amount to a general attack on public access up marginal strips.

Mr. Mason said that it appears that Government has only gone out of its way to consult conservation groups. "However this issue is primarily about public access and recreation rather than conservation. In June last year PANZ submitted to Mr. Marshall a technical paper on the issue but he has not consulted us since, despite us requesting this."

PANZ believes that all major recreation groups are opposed to the marginal strip leasing provisions in the Bill.

The Minister's cynicism about his promises, and the intelligence of the general public, is revealed by his statement of 29 February: "the Government has decided to drop the controversial Clause 14 from the Bill [allowing leasing of marginal strips]...these powers will instead be included in a new Part IIIB...".

There is not a pressing problem of squatters on marginal strips that has forced Government into taking this course of action. Government claims that there are many squatters and that there are no legal mechanisms for removing them. The Minister proposes issuing leases for terms up to 30 years, while at the same time claiming that such occupations will be 'phased-out'. PANZ believes that the real deficiency in the present system is a lack of political will to tell squatters to move-on, rather than legal difficulties.

Mr. Mason said that he has been through all the evidence presented to the select committee and found only a handful of private occupations on marginal strips. He has also inspected most of DOC's regional land inventories and has found only a few more cases of problem structures on the strips.

Mr. Mason has repeatedly asked the Minister and his officials to provide substantive evidence, and legal opinion, to justify such a fundamental change to the law. "They have steadfastly failed to furnish this. There isn't a problem requiring a legislative fix."

"The whole change is founded on the illusion that there is a major problem of private occupation, and that squatters somehow have legal rights which cannot be dealt with under existing law.

"It has been most disappointing that one or two conservation groups have been prepared to go along with this charade, presumably as a trade-off for obtaining unrelated changes to the Conservation Act that are more central to their interests. They have provided the Minister with welcome succour for proceeding with this very controversial legislation."

PANZ urges everyone concerned about the Bill to urgently contact their MP.



6 April 1995

Stay of execution for Queen's Chain

Government's failure to progress the Conservation Amendment Bill through Parliament this week is a welcome 'stay of execution' for the Queen's Chain', according to Public Access New Zealand.

Marginal strips are safe, at least until the end of May, while Parliament is in recess. PANZ will used this period to further publicise the threat that leases pose to public access to waterways.

Public Access New Zealand spokesman Bruce Mason said that thousands of people around the country responded to calls this week to contact their member of Parliament. This was in reaction to the prospect of law changes allowing exclusive private leases over marginal strips. "This was a model demonstration of 'people power' ", according to Mr Mason.

Government has been forcibly reminded of its election promise to drop plans for leasing the Queen's Chain. "It must now honour that commitment".

PANZ is disappointed that the Forest and Bird Protection Society has supported leases over marginal strips. The society sees the proposals as "a practical compromise". However PANZ believes that the society has unneccesarily traded off public rights of access over marginal strips in exchange for obtaining west coast reserves. "The society also has a trust in the Minister that we and many others don't share".

Forest and Bird believes that there will be adequate controls on the Minister's leasing powers. "The society may not be aware that the Minister of Conservation has already abused such powers at Queenstown where a commercial development has been allowed to dominate the waterfront. On the Minister's decision, there is now minimal provision for public access, and none for public recreation. Satisfying both needs is required by the Conservation Act yet the Minister's decisions do not reflect this. The Amendment Bill proposes similar 'safeguards' or checks on Ministerial powers to issue leases".

PANZ is very concerned that the Bill will turn the Department of Conservation into "a pimp" for commercial development interests. Section 17ZE (appended) allows the Minister to solicit applications for commercial developments over the whole conservation estate and to appoint private concessionaires to manage public lands.

"I'm sure that if the Forest and Bird head office had more closely examined the Bill, they would be alarmed at such an extreme change in emphasis for the public conservation estate", Mr Mason concluded.

ENDS


Appendix

Conservation Amendment Bill (No. 2)
"Section 17 ZE. Management activities--(1) Subject to this Act, nothing in this Part of this Act shall affect or limit the proper exercise by the Minister or Director-General of any power to manage any land held or managed under this Act or any Act specified in the First Schedule to this Act.
"(2) Without limiting any power exercisable by the Minister, the Minister may--
"(a) Tender the right to make an application, invite applications, or carry out other actions that may encourage specific applications:
"(b) Include in any concession provisions for the concessionaire to carry on activities relating to the management of any conservation area on behalf of the Minister or at any time enter into any agreement providing for the concessionaire to carry out such activities.



4 April 1995

Minister's claims on Queen's Chain "barmy"

A statement today by the Minister of Conservation that proposed leasing provisions over marginal strips will remove "perpetual rights of occupation" was described today as "barmy" by Public Access New Zealand.

Spokesman Bruce Mason asks, "how can marginal strips with a statutory prohibition on 'sale or other disposition' possibly have lawful rights of private occupation, let alone perpetual rights as Mr Marshall claims?"

The only occupiers of marginal strips are squatters, and others who have unlawfully annexed public land. Mr Marshall should use existing provisions in the Conservation Act to remove undesirable private occupiers rather than fabricate reasons for their continuance, Mr Mason said.

It says heaps about where Government's allegiances lie that they wish to reward squatters and abusers of public land with secure and exclusive rights under leases.

The Minister is elevating the non-existent legal status of squatters as a means of portraying his plans for exclusive private possession via leases as some kind of godsend for the public.

Mr Marshall's claim that the public will somehow enjoy greater access than ever before are ludicrous. Government's plans for leasehold rights of private occupation, with attendant trespass rights along waterways, can only have one result--the public shut out or forced to pay for use of their heritage, Mr Mason concluded.



2 April 1995

Government betrays Queen's Chain--marginal strips able to be leased or sold--

In rejecting the Queen's Chain working party's recommendation to drop proposals for leases over marginal strips, Government has broken key pre-election promises.

New Zealanders justifiably regard access to waterways as their inalienable right. This explains the immense public feeling and alarm when Government's plans surfaced in 1993 after the introduction of the Conservation Amendment Bill (No 2).

Leases, with rights of exclusive possession and trespass held by lessees, will allow the public to be barred from portions of the Queen's Chain. Government MPs are promoting leases for commercial occupiers and concessionaires.

A new and horrendous implication, arising from last Thursday's report back to Parliament on the Bill, is that marginal strips will be able to be sold, in secret, without any right of public objection.

Public Access New Zealand spokesman, and member of the Queen's Chain working party, Bruce Mason of Dunedin, said that the Government intention to persist with leases is in direct breach of undertakings to the electorate not to do so. "Government's disregard for the founding precept behind the Queen's Chain, that this narrow strip of public land along the edge of waterways should remain free of private occupation, means that it is perverting the whole concept of assured public access to waterways".

Government members of the select committee have apparently accepted a DOC interpretation that marginal strips are not "reserved from sale or other disposition", as stated in the Conservation Act. To the contrary, PANZ advised the committee that any disposition by way of sale or lease is prohibited under the Act. The DOC interpretation will mean that thousands of kilometres of marginal strips around New Zealand's coasts would be able to be sold off, Mr Mason believes.

Unlike other conservation areas there are no provisions in the Conservation Act that regulate the sale of marginal strips, and no provisions for public notification or objection to this. "This is for a good reason, as the strips are not meant to be disposed of. However Government's flawed interpretation, if applied, means that there will be no bar to the sale of marginal strips".

"There is a risk that Government will push the law change through this week when Parliament rises. Government's failure to recognise the special status of marginal strips is a betrayal of trust that will not be forgotten at the next election. The only beneficiaries of the law change will be illegal squatters, concessionaires, and property speculators".

PANZ has called on the Prime Minister to sort out what his Minister of Conservation has failed in. "The Queen's Chain Working Party should be re-convened over the pending two-month Parliamentary recess to advise the PM of solutions in keeping with his election promise not to let the Bill proceed unless public access rights are improved".



27 October 1993

Government's acceptance of Queen's Chain report welcomed with caution

Conservation and Environment Organisations (ECO) and Public Access New Zealand welcome Government's acceptance of the recommendations of the working party established by the Minister of Conservation to sort out problems with the Conservation Amendment Bill.

Working party members Cath Wallace of ECO and Bruce Mason of PANZ today welcomed Mr Marshall's decision to adopt the group's recommendations to amend the Bill. Government has accepted the need to change clauses 12 and 13 of the Bill, and decided to drop clause 14 which proposed leases and licences over marginal strips. The supposed "problems" that clause 14 was supposed to solve will be instead dealt with by a select committee.

Ms Wallace and Mr Mason believe that public opinion played an important part in today's decision.

"Mr Marshall accepted our view rather than that of his department on the leasing provision. We concluded that the Department of Conservation had failed to establish that there was a problem of ports or housing or other structures existing on marginal strips that required formalisation by way of leases etc. We were particularly concerned about the serious implications for public access and conservation that would arise from the exclusive occupancy that leases and licences would create".

While we are naturally pleased that Government has now responded positively to the working party's recommendations on the Bill, we remain concerned that the public has not received a guarantee that leases and licences will not reappear in 'drag' in the future.

We wish that the Government would accept the working party view that there is no "problem" that requires a select committee to look at. The danger is that in a few months time the department will push again for the granting of exclusive commercial rights over marginal strips.

Government should simply have said that the issue is now dead, rather than leave it open to reappear in another form after the election.



20 October 1993

Marshall called on to state Government position on Queen's Chain

The working party appointed by Conservation Minister Denis Marshall to review controversial clauses in the Conservation Amendment Bill reached consensus early this week on the changes necessary to protect public access to waterways.

On setting up of the working party Mr Marshall said that the Bill would not proceed until everyone on the working party was satisfied with its contents. Working party member and Public Access New Zealand spokesperson, Mr Bruce Mason of Dunedin, announced today that all members of the working party have agreed on the nature of the changes that are necessary before the Bill should proceed. The parties represented were the NZ Fish & Game Council, Royal Forest & Bird Protection Society, Federated Mountain Clubs, Environment and Conservation Organisations (ECO), as well as PANZ, assisted by advice from the Department of Conservation.

The main recommendations from the working party are that--

1. Proposed powers to reduce the width of marginal strips down to 3 metres along river banks (clause 12) should proceed on the proviso that Government also create the ability to have strips wider than 20 metres to allow practical access along sea shores, lakes and rivers, and to also constrain the Minister's existing powers to waive in total marginal strips, instead to urban situations where no public benefit would be gained by their creation.

2. That clause 13 be amended so that when public reserves are vested under private control without marginal strips being laid off, as proposed by the Bill, all proposed vestings be subject to consideration by Conservation Boards who may require public consultation.

3. That clause 14 be deleted from the Bill, removing a proposed ability to issue leases and licences with trespass rights over marginal strips. The working party found that there was no evidence to show that a change to the present law is necessary and most members were unconvinced that such a radically new provision was desirable.


Mr Mason said that the stated aims of the Government, being to improve public access to beaches, lakes and rivers, would be achieved by the changes recommended to the Bill.

There is massive public concern about the Bill and a lot of apprehension that the Government will delay stating its position on changes to the Bill until after the election, Mr Mason said.

As the working party has attended to the essential matters of the Bill, it is now time for Government to allay growing public fears as to its true intentions. If public confidence is to be maintained the Government must now state its acceptance of the working party's recommendations, and a commitment to implement them if re-elected, Mr Mason concluded.



16 July 1993

Marshall confused about Queen's Chain

Conservation Minister Denis Marshall's reaction to concerns over the Conservation Amendment Bill (No 2) confirms worst fears about Government's intentions for the Queen's Chain.

Public Access New Zealand was responding to Mr Marshall's comments in today's Dominion that proposed changes to marginal strip access to rivers, lakes, and the sea would enable runholders to be appointed as managers of the strips.

"Mr Marshall is confusing his role as associate Minister of Agriculture with his Conservation portfolio", PANZ spokesman Bruce Mason said. "Mr Marshall is looking after his farmer friends by the Bill's provisions to issue leases and licences over marginal strips".

Leases and licences convey trespass rights, legally excluding the public from using the strips without the landholders' permission. "This will result in Clayton's Strips, owned by the public but unable to be used by them as of right. This is in utter contradiction to their purpose of public access free of any alienation to private interests.

"Government is attacking the very essence of the Queen's Chain concept that New Zealand has been justifiably proud of since 1840. It appears that Mr Marshall doesn't know what's in his own Bill when he claims that public access rights will be improved by the Bill", Mr Mason concluded.

PANZ, a charitable trust, has recreational and conservation support exceeding 220,000 people from throughout New Zealand.



23 June 1993

Legislation an affront to waterways access

Government has completely ignored public wishes that the 'Queen's Chain' concept of public reserves alongside waterways be strengthened throughout New Zealand. This is the conclusion reached by recreational group Public Access New Zealand after analysis of two Bills before Parliament.

PANZ spokesperson, Bruce Mason of Dunedin, said today that in just about every respect the esplanade provisions of the Resource Management Amendment Bill have gone from bad to worse in the hands of the Planning and Development Select Committee. New esplanade strips are able to be closed to the public at the complete whim of territorial authorities and private landowners. Grounds for exemptions to the creation of esplanade reserves will be so widened that it is unlikely that many new reserves will be created in the future he said. PANZ favours publicly owned esplanade reserves rather than 'esplanade strips' that will remain in private titles.

If any new accesses are created when land is subdivided the public will not know because the select committee has struck out proposals for public notification of their existence and the conditions for public use. They can also be varied or cancelled without public notification. Mr. Mason said that the Bill originally had one redeeming feature, a proposal for esplanade strips to automatically shift with movements of river banks and shorelines and so maintain practical access. This provision will now only apply within individual properties rather than the more prevalent situation of along property boundaries. It is apparent that Government has spent considerably more effort devising methods of restricting or limiting public access than enabling it, Mr. Mason said.

The Government has also introduced in the Conservation Amendment Bill (No 2) provisions for the granting of leases over marginal strips, the latter being the main form of public waterside access in New Zealand. The leases will convey exclusive possession of these public areas to private interests, being in direct violation of the 1840 Royal Instructions that established the concept of the Queen's Chain in New Zealand. A worse case scenario is that thousands of kilometres of shorelines and river and lake banks will be liable to be privatised if this becomes law. The occupiers will have trespass rights and be able to call in the Police to have members of the public evicted from what are supposed to be public lands. This is scandalous and says much about Government's commitment to private rather than public interests. PANZ is calling for a statutory prohibition on the legal occupation of marginal strips for private purposes.

It is inevitable that Government's attack on the Queen's Chain will become an election issue, Mr. Mason said. PANZ estimates that there are approximately 200,000 fresh water anglers, 500,000 sea fishers, and tens of thousands of other recreationalists that will be adversely affected by the changes. PANZ is urging its 220,000 supporters to vigorously oppose the changes to the legislation.




9 February 1993

Bill thwarts public access

Government's proposed changes to esplanade reserves take away opportunities to extend public access throughout New Zealand and ignore the fundamental reason for their existence. This is the conclusion reached by recreational rights group Public Access New Zealand after detailed analysis of the Resource Management Amendment Bill.

The proposed changes are despite a clear public wish that the present incomplete coverage of reserves alongside waterways and the sea (in other words the 'Queen's Chain' concept) be completed throughout New Zealand.

PANZ spokesperson, Brian Turner of Dunedin, said today that the whole direction of the Bill is towards dispensing with reserved 'Queen's Chains' with public rights along the margins of lakes, rivers and sea. This Bill will result in insecure public access privileges, or no rights at all. These privileges will be liable to termination at any time. Considerably more effort has gone into devising methods of restricting or prohibiting public access than enabling it, he said.

Government intends replacing publicly owned and managed esplanade reserves with 'esplanade strips.' These strips will be covenants on the title to the land, the ownership of which will remain in private hands.

On closely examining the Bill, Public Access New Zealand has found that esplanade strips will be subject to automatic closures to public use and liable to arbitrary closure. At the same time the landowner and invitees will continue to enjoy access and use. This will provide an 'open door' for exclusive hunting and fishing on the adjoining water areas, Mr. Turner said. These areas could become no more than private preserves rather than assets managed for the common good. This is a major backwards step for any government in New Zealand to contemplate.

PANZ has urged its 20,000 supporters to vigorously oppose the plans for esplanade strips and to submit their views to the Planning and Development Select Committee by February 19.


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