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Submissions on coasts


Sea coast

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March 1993. 'Public Access', No. 2

User-pays beaches?

Alarming noises about user-pays beaches in New South Wales have been quashed by the State Environment Minister. The Federal Resource Assessment Commission recommended radical moves to control coastal damage and pollution caused by tourism. The commission said that all popular beaches should be fenced and visitors charged admission. In response, a spokesman for the state government said that the idea was "un-Australian" and they would not have a bar of it. Beaches are a national asset and should be protected by national funding. "The report disregards the existing NSW coastal policy which ensures that beaches remain in public ownership and have total public access," he said (Otago Daily Times 2/2/93).

Parallel arguments to that of the above commission are originating within the New Zealand tourism industry. This is in regard to public access to the whole public estate. We will have to ensure that such ideas are quickly labelled "un-Kiwi."

In the next few months PANZ plans to research the law related to beaches and foreshores in New Zealand. Hopefully this will bring to light avenues for protecting everyone's right to visit the beach.



March 1993. 'Public Access', No. 2

Boatsheds and foreshore misuse

Changes brought about by the Resource Management Act may be setting the scene for a proliferation of coastal clutter and displacement of recreational users of foreshores. No longer is the coastal environment protected from "unnecessary" development. The RMA now only provides protection from "inappropriate" subdivision, use, and development.

In a recent decision by the Otago Regional Council, objections were dismissed to an application to change the use of an existing boatshed to a commercial pottery. An objector argued that such a use was unnecessary and inappropriate on a foreshore as a land location would equally serve the purposes of a pottery; that such a use and the precedent it establishes will ultimately displace users of the Otago Harbour who are dependent on foreshore use for access and boat storage; and the natural and open space character should be maintained as far as possible, consistent with marine recreational and commercial requirements.

The applicant, in effect, sought retrospective approval for an unauthorised extension and change of use to a boatshed. This was in breach of an existing boatshed licence. A key element of the objection was that the applicant did not actually hold a boatshed licence. Change of ownership had occurred without prior consent of the former licensor, being another breach of the terms of the licence. He was therefore not entitled to seek amendment to its terms. The Council quashed that objection by first issuing a 'boatshed' licence (not applied for in the application for resource consent) then agreed to amendment of its terms to allow use as a pottery. So much for due process!

Others have been watching this development. Some long-standing boatsheds in the locality have subsequently sprouted outwards with all the accompaniments of well-appointed batches --with the boats now parked outside!



March 1993. 'Public Access', No. 2

New Zealand Coastal Policy

Submissions closed on 19 February with the Board of Inquiry. This is charged with recommending to the Minister of Conservation any changes to the draft New Zealand Coastal Policy Statement. PANZ made a submission on public access aspects.

PANZ is primarily concerned that the requirement under the Resource Management Act for "the maintenance and enhancement of public access to and along the coastal marine area" under s 6(d), should become a principle of the coastal policy. This is after all a matter of national importance in the Act. We see the absence of due weight on access in the policy to be a serious flaw. This is reflected by copious provisions for restricting and prohibiting public access, for reasons not related to the purpose of the Act.

PANZ has proposed that maintenance and enhancement of public access become a principle of the policy. We have suggested specific requirements for regional and district councils--



May 1994. 'Public Access', No. 4

New Zealand Coastal Policy Statement

Cabinet approval has been given to a New Zealand Coastal Policy Statement. This is the culmination of a succession of drafts and public inputs since passage of the Resource Management Act (RMA) in 1990. It is a crucial government policy that will direct the actions of Crown agencies and local authorities in their management of the coastal marine area--this is deemed to extend out to the 12 mile territorial limit.

The present Government caused a redrafting of earlier versions of the policy and appointed a Board of Inquiry to hear a second round of public submissions. The new policy outlines principles and policies for the preservation of the natural character of the coast, characteristics of special value to tangata whenua, on subdivision and development, maintenance and enhancement of public access, maintenance of the Crown's interest, taking account of the principles of the Treaty of Waitangi, and matters to be included in regional plans. PANZ made a submission and was heard by the Board of Inquiry.

PANZ is very concerned that, despite public access being a matter of national importance, the policy document remains skewed, at the expense of access, towards giving priority either towards other matters of national importance or matters having lesser priority in the Act. We believe such bias to be contrary to the scheme of the Act and is an attempt to re-legislate. Despite our submissions to the Board of Inquiry, and seeking the Minister of Conservation's assurance that such matters would be rectified before final approval of the policy, it has now been approved.

The conduct of the Board of Inquiry in relation to the hearing of the PANZ submission is also cause for concern. PANZ representative Bruce Mason, after raising doubts as to the validity of a concept 'partnership' between Maori and the Crown as implied in the policy, was lectured by two Board members on the meaning of the Treaty. He was told not to interrupt by the chair, despite this supposing to be an inquiry into community views rather than a platform for Board members to advance their own. The content of their dissertations were highly challengeable, but Bruce was not permitted to do so.

The chairman, Judge Arnold Turner, also asked Bruce three times "who is going to pay?" in relation to enhancing public access, despite this being beyond the brief of the inquiry, and that enhancement of access is a duty under the Resource Management Act. Bruce's impression was that it was an access-hostile environment. The chairman terminated the PANZ submission by saying that "he had heard quite enough from Mr. Mason"--a feeling that was reciprocated, but not verbalised!

The legislative purpose of the New Zealand coastal policy statement is "to state policies in order to achieve the purpose of the Act". PANZ believes that, in relation to protecting and enhancing public access to and along the coastal marine area, being a matter of national importance (section 6(d)), the policy fails in that duty.

Our concerns about the policy are--



May 1994. 'Public Access', No. 4

Coastal Access Fund

PANZ has established a Coastal Access Fund. This is to be used for advocating public access to the coastal marine area as well as the protection of our shores as public open space. Coastal 'Queen's Chain', beaches, foreshores, sea bed and the sea will be within the scope of the fund.

Such is the importance of THE BEACH and coasts to the New Zealand psyche that a special fund is necessary to provide for on-going efforts. People rightly believe that the coast--both land and water--should be freely available for public use and enjoyment. However the coasts are also eyed covetously by many who seek development or occupation to the exclusion of others. We will advocate public rather than private interests.

Legal and other avenues will be used to ensure that laws and public policy are properly applied and that public rights of access are protected.

Our first target is the New Zealand Coastal Policy Statement. We need funds for a campaign to make it more 'access friendly'. In its present form the policy perverts the standing of public access as a matter of national importance. It is important that the policy is amended quickly before regional coastal plans are in place.

We invite you to contribute to the Fund. Donors will be kept informed of how it is spent.

As a registered charitable trust donations of $5 or more are tax deductible.

Please help us ensure a future for kids on the coast

Public Access New Zealand
Coastal Access Fund



May 1994. 'Public Access', No. 4

Regional coastal plans to follow

Regional councils are now required to prepare plans in accordance with the national policy. We believe that many councils are already well advanced with plan preparation. It is obvious that if the national policy is wrong there are going to be flow-on problems with regional plans. Help us get the New Zealand coastal policy back on-track!

It is critically important that concerned recreationists take an active interest in regional plans, by asking councils to keep them informed of progress and availing themselves of opportunities for making submissions and speaking at public hearings.

Policies that may impact on the open space character of foreshores and the Queen's Chain need close attention, for instance those that allow private occupation and permanent structures such as boat sheds or baches. These may result in the physical exclusion of the public.

Foreshores are part of New Zealand's public open space endowment and are under severe local pressure. Many areas have become unavailable for public access or very unattractive for recreation due to encroachment by private structures.

It is long overdue that there be reassessment of the need for private foreshore structures for boat storage and launching. Given increasing public recreational pressure on the coast, particularly near population centres, and the trend towards lighter transportable recreational craft, policies for actively phasing out boatsheds should be promoted. We acknowledge that there is still a place for such structures, and slipways, for community and club use where there are proven needs and alternative off-site boat storage is impractical. In regard to many existing structures we doubt the legality of many of these, despite official sanction over the years. It is about time that all district councils faced up to their legal obligations (see Taylors Mistake story) [link to local access issues to be added]



May 1994. 'Public Access', No. 4

Sea access protected

In February 1994 the Marlborough District Council declined an application to occupy space in the coastal marine area for growing scallops. This was for 285 hectares of Croisilles Harbour in the Marlborough Sounds. 207 objections were received. Adverse impacts on recreational activities were the primary concern.

The Council declined the application because consent would require a restriction on public access, amenity values would be adversely affected, and that, on balance, it was not satisfied that the purposes of the Resource Management Act would be achieved. Doubts were also raised as to the jurisdiction of the Council under the Resource Management Act verses the role of the Fisheries Act.
In the greater Sounds region there are a further 20 applications for marine farms greater than 48 hectares in area, 5 of which are of a similar nature to the Croisilles Harbour proposal.



November 1994. 'Public Access', No. 5

Fall-out over NZ Coastal Policy

Since publishing our criticism of aspects of this policy in 'Public Access' No. 4, Arnold Turner CMG, formerly Presiding Member of the Board of Inquiry wrote to PANZ criticising our position on the policy as "unfair, unbalanced and misleading". Judge Turner pointed out that the Board improved access provisions by adding requirements to the draft policy for enhancing public access to the coastal marine area. However he confirmed one of our criticisms that the policy also allows local authorities to restrict public access on the basis "that this has always been the case, and that they will always remain open to requests from private interests to do so". Judge Turner went on to justify elevating from "taking account" the principles of the Treaty of Waitangi, as prescribed in the Resource Management Act (RMA), to one of "recognising and facilitating" the special relationship between the Crown and Maori, by stating that the policy confines this to lands of the Crown. He requested that we "publish this letter in full...and let me know when you have done so".

We replied that our concern with the policy is over aspects of the policy, not the policy as a whole. Therefore we did not attempt to be 'balanced'. We acknowledged that the Board of Inquiry extended the access provisions of the draft policy, however that is not the point of contention. We are concerned about improper weighting being given to some requirements of the Resource Management Act (RMA) in relation to others which should receive greater weighting, in particular s 6 (d). This requires recognition and provision of the maintenance and enhancement of public access as a matter of national importance.

In regard to the alleged ability of local authorities to restrict public access this is the nub of our concern with the policy. The RMA for the first time introduced into planning law the maintenance and enhancement of public access as a matter of national importance. That provision did not exist under the former Town and Country Planning Act. That is why, in an RMA environment, past attitudes and practices of local authorities to public access should not be reinforced by national policy.

Judge Turner responded again by restating his points, rather than acknowledging anything in our reply to him, and concluded by requesting again that his first letter be published in full. "If that is not done, it will be confirmation that your organisation is misleading the public over the issues in question".

We believe that the summary above fairly reflects the nature of his concerns and we do not intend to accede to what amounts to a demand that we publish his letter. We believe that Judge Turner has missed the point of our published criticisms of the policy and has provided no legal justification for the policy deviating in a substantial way from the wording of the RMA.

We have also received a response from DOC which restates what is in the policy but does not address our concerns about the relative weighting of policy matters. DOC confirmed our concern that the policy in effect rewrites the RMA by stating that "the five exceptions [to unrestricted access] take account of other matters which the Act and practicality suggest should take priority when the circumstances arise".

PANZ is seeking advice aimed towards causing review of aspects of the policy that are detrimental to public access. Donations to our Coastal Access Fund have made this possible.



November 1994. 'Public Access', No. 5

Regional Coastal Plans

Following Government's adoption of the New Zealand Coastal Policy Statement, Regional Councils are now obliged to prepare regional coastal plans.

PANZ has inspected two of these and finds Council/Maori 'equal partnership' policies promoted at the expense of other matters in the RMA, in particular public access. This appears to be based on dated opinion from the Parliamentary Commissioner for the Environment. PANZ is drawing to the attention of Councils the matters raised during the debate over DOC's 'Partnership Plan' and the, what we contend, 're-legislation' of the RMA that has occurred in the New Zealand Coastal Policy Statement.

Following is a schedule of submission dates for each regional coastal plan to assist supporters wishing to have their say on the adequacy of public access and other provisions. Dependent on how individual councils have interpreted their responsibilities, relative to the high water mark, there may not be provision for land access/the Queen's Chain in coastal plans. If not in coastal plans, policies for public access should be contained in 'regional plans' which are also open for public submission.



November 1994. 'Public Access', No. 5

Coastal resource rentals

In June (1994) the Ministry for the Environment released a discussion document entitled 'Resource rentals for the occupation of coastal space'. This contained arguments for and against rentals being charged for such things as boat sheds, marinas, marine farms, moorings etc. The review is concerned with the exclusive use of coastal space, which is owned by the Crown.

The Minister for the Environment appointed former Gisborne MP Wayne Kimber to consider all relevant matters and to receive public submissions, which he has done, and to report with recommendations to the Minister. Government is yet to make a decision on his recommendations. Existing regulations that set charges for occupation of coastal space are being rolled over to allow time to implement the findings of the review. PANZ made a submission on aspects of the review.

We believe the vast majority of New Zealanders consider that the coastal area is a precious and special resource quite unlike any other environment in New Zealand. It is special not only because of its physical character, but because, with only a few exceptions, the Crown is owner on behalf of all New Zealanders. This provides a unique opportunity and responsibility to maintain the resource as public commons.

Unfortunately up until the present the coastal Queen's Chain and foreshores in particular have been regarded as 'free last-frontier' in the eyes of many private users. This has resulted in ad hoc development and use which can seriously detract from the natural character of the coast and detract from the attractiveness for other uses and users. This has also led to the exclusive occupation of portions of the coast, to the exclusion of the public.

We do not believe that total reliance can be placed on the resource consent process to maintain the integrity of the coast. Rental policy must be designed to reinforce the purposes of the Act, not establish pressures that may conflict with its intent.

In general terms we believe that the coast, as a public commons, must be managed for the greatest good for the greatest number of people. Anything that encourages private occupation or change of use to the exclusion or discouragement of the public at large must be discouraged. There must not be any presumption or encouragement created that private occupation and development is acceptable per se, rather remaining an exception dependent on passing the tests established by the RMA.

Where occupation is permitted, the Crown, on behalf of the public, should be compensated for loss of coastal amenity and public rights of use and enjoyment. That money should be available for the better management of the coast in the interests of anyone. We strongly support the concept that private occupiers should pay rentals for use of this public resource. They are getting privileges, actually or potentially, at the expense of non-privilege holders. They should pay. The question of scaling rentals, dependent on the nature of use and user is another matter, which we touch on below.
It is useful to equate publicly-owned coastal space with other public assets like national parks and reserves. In the latter cases commercial occupation can be permitted, as the exception rather than rule, on terms that do not breach the legislative imperatives under which these lands are managed--to be preserved as far as possible in their natural state, without impinging on public rights of use and enjoyment. Private occupiers and commercial users have to pay for the privilege.

In the interests of equity the Crown must be consistent in its policies for all publicly held lands and waters. No state 'subsidies' should be created on one category of Crown estate relative to the true costs on private lands.

We believe that resource rentals are essential for the following reasons--

We believe that rentals should be scaled according to whether it is a commercial, private, or community user and the degree to which the public is excluded from the site. Commercial occupiers should pay the highest scale of rentals, less by private non-commercial occupiers, and less again by community and club recreational occupiers.

Waivers of rental could be granted within each of the above three categories dependent on the degree of public benefit provided by the occupier. The less the direct, on-site public benefit the higher the rental. If no benefit then no waiver.

Government's 2003 'public domain' proposal for foreshore and seabed

 


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