23 Nov 2004

The Government has signalled its intention to extend the Queens Chain alongside significant waterways. It is expected that legislation governing this will be introduced into Parliament before Christmas. It is expected that land of any status will be affected including Maori Land.

Maori submitters and those who met with the Land Access Ministerial Reference Group expressed opposition to any taking of Land without consultation and compensation. Despite this fact as an affected landowner you may not receive any compensation if areas of your land are taken to extend the public reserve.

It is quite possible that the public access legislation could include clauses, which will severely affect your autonomy in respect to land use decision making and actions. These possible restrictions of land use will be, yet, another Crown hurdle for owners of Maori Land to jump to exercise their ability to utilise their customary land. Maori landowners often have limited ability to obtain a return from their land, and thus may rely on returns currently received for providing exclusive use to tourist operators and fishing guides.

An agency will be set up to determine if the water way on your land is significant as significant water ways will be subject to the governments proposal. Legislation may also be requiring you to clear all vegetation or a permanent structures alongside the waterway that may impede the publics enjoyment of their right of access.

It is expected that the legislation will codify a code of conduct or public responsibility in respect to the accessing water ways on such land. It is likely that the agency will have one central office and regional offices to carry out policing compliance with the code through the use of access officers.

These officers may also be given the power to police landowners on their private land. Officers may be authorised to remove fences or other structures on your land impeding the ability of the public to access the water way.

If you would like to register your protest to any legislative proposals of this nature the Federated Farmers of New Zealand have launched a nationwide petition, which requests the House of Representatives to reject any legislation that impedes the rights of landowners to manage their property and manage those who enter their property without compensation.

na Paul Morgan

Federation of Maori Authorities info@foma.co.nz