My column on Public Access in the Gisborne Herald
2011-01-10 00:00:00.0
AUTHOR: Peter Dunne
Over the holiday period, I was afforded the opportunity to express my thoughts on Public Access to recreational areas, in a cloumn in the Gisborne Herald. It has generated huge interest and support. My column read:
While the media’s attention is firmly focussed on the perceived threat to the seabed and foreshore there is a far more real threat to our public right of access going largely unnoticed. It is the deliberate locking up of publicly owned resources, such as rivers and lakes from public access. The most sinister representation of this is through the commercialisation of these public assets by way of ‘exclusive capture’.
‘Exclusive capture’ is a term used to describe the actions of land occupiers who are using their occupier rights through the Trespass Act to basically lock the general public out of publicly owned trout fisheries that exist on or adjacent to their properties. They can then charge exclusive access rights to guides and clients to access that fishery.
The fact is that all New Zealanders own these resources. For anyone to stop ordinary Kiwis enjoying publicly owned assets is a form of theft. By law no-one in New Zealand can own a river or at least the water in it and the game fish within the water are by definition owned by those who hold a fishing licence.
The tragedy is that many rivers, lakes and forests are becoming inaccessible to ordinary New Zealanders because of the greedy attitudes of a few. A growing number of the premier fishing rivers and lakes around the country are now locked up through ‘exclusive capture’ arrangements.
Legally no-one is allowed to sell access to fishing in New Zealand yet many are getting around this by claiming the charge is for track maintenance or vehicle access.
Many waterways around New Zealand have marginal strips owned by the Crown, commonly called the ‘Queen’s Chain’ that can be accessed free of charge by anyone. It is the ability to get across private land to these marginal strips that has become the problem.
Over the past few years we have seen the number of rivers that anglers are no longer able to fish increase dramatically. I am now aware of nearly 40 rivers and lakes where access is being denied or charged for. It is not just any rivers or lakes these operators are targeting; it is the very best fisheries.
In the past there has always been a ‘go for your life’ attitude when anyone asked permission to fish on someone’s property, we are now seeing ‘no trespass’ signs going up along rivers and the public’s right of access being sold to those who pay big money to have exclusive use of the resource.
For a while we thought exclusive capture was only a North Island problem but we are now hearing stories across the country of landowners charging up to $100 per day for each angler to cross their land to reach a river. This does not meet the New Zealand tradition of rightful access to publicly owned resources.
A further threat to public access has recently emerged through the actions of plantation forest managers. Last month over 200 people turned up to a meeting in Rotorua to protest against Timberlands’ Kaingaroa Forest management closing access to the famous Rangitaiki River and its tributaries including the world famous Flaxy lakes. Rather dubious fire risk assessments and health and safety hazards were cited as a justification for the closure.
The Timberlands situation sets a very dangerous precedent. Until very recently plantation forest owners and managers have been happy to work with local communities and Fish and Game staff to maintain access to river and lakes through their forests, however that era of cooperation and understanding seems to be coming to an end.
I for one do not want to be part of the generation that sees us move the way of the UK and much of the rest of the world where fishing and hunting rights are bought and sold. What I will fight for is a closure of the loopholes within our public access law that allow situations of exclusive capture and public closures to arise.
We owe it to this and future generations to ensure that the egalitarian principles of our outdoor heritage we inherited from our forefathers are not lost. This will be a major policy for UnitedFuture at the next election.
Among the numerous responses and messages of support I received, two of the most interesting were from overseas fisherman, expressing their dismay.....
Dear Sir
I wish to publicly support you for your first rate article in the Gisborne Herald regarding public access to your famous fisheries. I have visited, along with 7 of my friends, the Murapara region twice in the last couple of years and stayed locally to enjoy what was a fantastic 10 days of fishing on the Rangitiaki and Whirinaki river systems along with the Flaxy Lakes. Last year access was difficult and I can only see that tourism and visitation numbers are going to be non existent to the area if this access problem does not sort itself out. It can only be overridden with the foresight of people such as your self and the continuing lobbying of the tourism sector such as motel operators and fishing guides etc ie those with a vested interest.
I hope that sanity prevails and normality is restored to such a brilliant area.
Keep up the good work as it appears that you are heading in the right direction.
All the best
Peter Burr
Devonport
Tasmania 7310
And this one from the US.....
Sir,
Simon Mossman, motel owner in Murupara where I stay for a month every year forwarded me your excellent 12/11 article "Public Access is not for Sale" in the Gisbourne herald For almost 20 tears I have traveled from the United States to your fair country every year for a month to visit good Kiwi friends and fly fish your quality lakes and streams.
I am deeply disturbed in how private interests refused public access to forest lands surrounding Murupara. Frankly, what has happened is that it is forcing everyone to fish a limited number of streams that still have access and the quality of fishing has decreased substantially in the area making it a far less desirable location for Kiwi fishermen and foreigners such as myself.
This is not only occurring in Murupara but also other areas in your country and this makes your fair land a much less desirable country to travel to and fish. This of course means less fishermen and less travel revenues which inject much needed foreign dollars into your economy. For example, I will be in your country for one month and will spend approximately $3500 US $ which currently equates to 4480 NZ $ directly into your economy. Offshore fishermen of means have choices other than New Zealand. I have already run into folks such as myself who have chosen to go to Canada, Alaska, Argentina or Chile instead of New Zealand. Word is getting around it is not the premier destination for a travelling fisherman as it was in years past.
I love your country and its people and will continue to visit and fish but I truly feel your Kiwi fishermen and folks such as myself are being unfairly treated concerning stream access and this has a direct negative effect on your economy and citizen rights.
Best wishes, Darwin L Isensee, Lake Oswego, Oregon, USA
Thanks to everyone who has been in touch regarding this issue.