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Access - check before you go!
ZL4NVW updated in ZLOTA - FAQ on 2024-02-16
ZLOTA - ontheir.nz - lists all geographical features in each class in New Zealand. The list is not restricted to those that are on Crown-owned land or have a right of public access. Places listed at on the air include many that are:
It is always the operator's responsibility to ensure that they have a right of / permission for access prior to visiting a site. It is the operators responsibility to ensure that radio operations from that site are in compliance with their license regulations and conditions.
Whilst there is no 'right to access' over private land in NZ, the law (trespass act 1980) does not prohibit access unless you fail to leave when asked. This situation creates a lack of clarity and expectations about access that can lead to confusion and conflict.
https://communitylaw.org.nz/community-law-manual/not-rated/trespassing/
https://www.walkingaccess.govt.nz/knowledge/access/do-i-have-the-right-to-walk-over-private-land-to-get-to-public-land/
When considering access over private land - note that:
Easements, agreements, walkways and covenants
Unformed legal roads:
Legal roads are owned by the crown, not by the neighbouring landowner. The existence of a legal (unformed) road may not be visible on the ground or acknowledged by the neighbour. It is your responsibility to ensure that you remain within the bounds of that road. If you find access to a legal road blocked by barriers or stock, a complaint to the territorial authority is the appropriate step. Legal roads are shown in purple on the Walking Access Commission's maps.
https://www.walkingaccess.govt.nz/knowledge/access/unformed-legal-roads/
https://fmc.org.nz/campaigns/same-as-sh1/
Marginal strips and riverbeds
Marginal strips (Queen's chain) run along the banks of many rivers and lakes in NZ, but not all. Even where they are present they may not be continuous and may not accurately follow the current course of the waterway. Some are 'movable marginal strips' which change as the river course changes, others are fixed and may be nowhere near the current riverbed.
Most marginal strips are crown-owned public conservation land (DOC-managed) and come with a right of public access (that is their purpose). They are 11m or 22m wide and start from the edge of the legal riverbed. Older marginal strips are legal roads, managed by LINZ. Marginal strips are shown on the walking access commission's maps as either purple (roads) or green (conservation land). Note that it is your responsibility to ensure that you remain within the limits of the marginal strip and that access may not always be physically practical. A GPS with the boundaries on it can be a big help.
https://www.walkingaccess.govt.nz/knowledge/rivers-lakes-and-coast/what-is-a-marginal-strip/
The crown owns the beds of most major rivers in NZ, often including dry beds and channels. These are shown as blue 'hydro' areas on the Walking Access Commission's maps. This land is managed by LINZ, not DOC. Where a riverbed is bordered by private land LINZ may agree for it's use (to the centre-line) by the neighbouring landowner - in this case there is no right of public access. Where the riverbed is bordered by public conservation land (e.g. marginal strip) or a legal road then DOC/LINZ are the neighbouring landowner and access will be allowed to the centre-line.
https://www.walkingaccess.govt.nz/knowledge/rivers-lakes-and-coast/access-along-rivers-lakes-and-the-coast/#9
All other land / tracks are private and access is either by permission or under the goodwill of the landholder.
- On private land with no access rights
- On private land accessible by easements, covenants or legal walkways
- On crown land with a right of public access
- On crown land subject to access restrictions for reasons of conservation (e..g Takehe protected area)
- On islands that have restriction on landings
- On areas that are closed due to safety (e.g active volcanic sites)
- In areas subject to rahui
- Tapu sites of significance to their traditional owners
It is always the operator's responsibility to ensure that they have a right of / permission for access prior to visiting a site. It is the operators responsibility to ensure that radio operations from that site are in compliance with their license regulations and conditions.
Indications of public access shown on this site
For each place listed on ontheair we give an indication of whether the activation zone includes land with public access or not. Where this site indicates 'Yes' there is public access this means:
- We have found land with a right of public access somewhere in the activation zone. This does not mean that the actual lakeshore or the actual summit has public access.
- The specific type of public access land will be shown (formed road, legal road, DOC walkway, DOC / council park or reserve)
- We do not verify whether there is continuous public access from the nearest road to the activation zone. Where we indicate that public access land exists in the AZ, it may be isolated from roads by private land and only accessible by air or boat without neighbouring landowner permission.
- We do not verify that there is practical access through the public access land. Bluffs, rivers, swamps may mean that access, though legally allowed, is impractical.
Classes of public access land
The following is a collection of online resources about access to various classes of land in New Zealand, along with my summaries of their contents. Note that my summary does not constitute legal advice. The Walking Access Commission is a good place to start for information and advice.
Conservation land
Public Conservation Land (PCL) in NZ comes with a default right of public access. Public Conservation Land is shown in green on the Walking Access Commission's maps.
Note, however, there are situations in which the conservation act or national parks acts allow access to be restricted. Offshore islands, breeding sites, and areas of active vulcanism are examples.
DOC can also administratively 'close' a facility if they believe it is not up to their standards. Such closures indicate that the facility is not fit for purpose, but do not remove the right of public access to the area.
DOC currently allow amateur radio activity on DOC land by default - i.e. radio operation is permitted except where it is explicitly prohibited. Note however, that other activities related to an amateur radio activity (e.g. erection of temporary structures, overnight camping) may be restricted.
Private land:
Whilst there is no 'right to access' over private land in NZ, the law (trespass act 1980) does not prohibit access unless you fail to leave when asked. This situation creates a lack of clarity and expectations about access that can lead to confusion and conflict.
https://communitylaw.org.nz/community-law-manual/not-rated/trespassing/
https://www.walkingaccess.govt.nz/knowledge/access/do-i-have-the-right-to-walk-over-private-land-to-get-to-public-land/
When considering access over private land - note that:
- There are legislated locations where access permission is a legal requirement under other acts (e.g plantation forestry, ports, etc).
- Most landowners will not be happy about accessing their land without permission irrespective of what the trespass law actually says or doesn't say
- Any access implied by the trespass act may not translate into a right to operate an amateur radio station
- Farms have critical times of year when disturbance to stock or farming operations can have massive impacts and costs to the landowner. Unless you ask, you may not be aware of these until it is too late.
Easements, agreements, walkways and covenants
There are many situations in which public access has been provided across private land. But these are often buried in easements and covenants on the property title and not published elsewhere. DOC and WAMS can give advice on some of these but do not know of all public access easements and covenants.
For former pastoral leases that have completed tenure review the 'full substantive proposal' signed by LINZ and the leasee will list access easements and covenants over the resulting freehold land.
For other private land the only definitive way to determine access rights is by requesting the title from LINZ, which is subject to a fee.
https://lrs.linz.govt.nz/search/Unformed legal roads:
Legal roads are owned by the crown, not by the neighbouring landowner. The existence of a legal (unformed) road may not be visible on the ground or acknowledged by the neighbour. It is your responsibility to ensure that you remain within the bounds of that road. If you find access to a legal road blocked by barriers or stock, a complaint to the territorial authority is the appropriate step. Legal roads are shown in purple on the Walking Access Commission's maps.
https://www.walkingaccess.govt.nz/knowledge/access/unformed-legal-roads/
https://fmc.org.nz/campaigns/same-as-sh1/
Marginal strips and riverbeds
Marginal strips (Queen's chain) run along the banks of many rivers and lakes in NZ, but not all. Even where they are present they may not be continuous and may not accurately follow the current course of the waterway. Some are 'movable marginal strips' which change as the river course changes, others are fixed and may be nowhere near the current riverbed.
Most marginal strips are crown-owned public conservation land (DOC-managed) and come with a right of public access (that is their purpose). They are 11m or 22m wide and start from the edge of the legal riverbed. Older marginal strips are legal roads, managed by LINZ. Marginal strips are shown on the walking access commission's maps as either purple (roads) or green (conservation land). Note that it is your responsibility to ensure that you remain within the limits of the marginal strip and that access may not always be physically practical. A GPS with the boundaries on it can be a big help.
https://www.walkingaccess.govt.nz/knowledge/rivers-lakes-and-coast/what-is-a-marginal-strip/
The crown owns the beds of most major rivers in NZ, often including dry beds and channels. These are shown as blue 'hydro' areas on the Walking Access Commission's maps. This land is managed by LINZ, not DOC. Where a riverbed is bordered by private land LINZ may agree for it's use (to the centre-line) by the neighbouring landowner - in this case there is no right of public access. Where the riverbed is bordered by public conservation land (e.g. marginal strip) or a legal road then DOC/LINZ are the neighbouring landowner and access will be allowed to the centre-line.
https://www.walkingaccess.govt.nz/knowledge/rivers-lakes-and-coast/access-along-rivers-lakes-and-the-coast/#9
How do I tell what class land / a track falls in to?
The walking access commission provides maps of 'public access land', indicating where there is a right of public access. These maps are reproduced here on ontheair.nz - simply select the 'Public access land' layer from the map layers menu.
The following colouring is used:
- Dark green: DOC-administered public conservation land
- Light green: district council administered public reserve
- Pink: Crown owned 'legal road' - land owned by the crown for the purpose of a roadway. May or may not have been constructed.
- Red dashed - Walkway vested in DOC with a right of public walking access - generally extending 10m either side of the centreline.
- Red solid - Road vested in DOC with a right of public vehicular and walking access - generally extending 10m either side of the centreline.
- Blue (only shown zoomed in) - LINZ-administered crown-owned riverbed.
- Yellow(only shown when zoomed in) - Privately owned land subject to a conservation covenant held by DOC. Some (but not all) include a right of public access.