Farmers may be paid for land access

Bill Garland says farmers want to know who is on their land. Picture / Kenny Rodger

The Government is poised to compromise, including offering possible compensation to farmers, over its plans to open up public walking access along lakes, rivers and the coastline.

The moves - due to be announced tomorrow - are signalled in Cabinet papers obtained by the Herald.

But they may not be enough to mollify many rural landowners, who have been angered by the intrusion they believe the plans will create on their properties.

The compromises include the potential to limit the number of waterways the public have access to, and provision for narrower walking strips alongside them.

The Government has also left open the door to compensating landowners for creating a right of access along waterways on their land.

And it is considering offering to buy or lease some land to create access walking tracks.

Provision has also been made for excluding some waterways from the proposal.

The Government planned to introduce legislation enshrining a public right of walking access along the waterways by the end of the year, but has now shied from that.

The controversial legislation is now likely to be introduced but not passed before the next election, when it will be buried in a select committee.

But Prime Minister Helen Clark said yesterday that a clear policy statement would be made tomorrow.

Asked if it would appease farmers, she said: "I think it will ameliorate any reasonable concerns."

The plans followed a report last year which recommended extending the Queen's Chain, a 20m access strip ringing waterways.

It found that up to half of the country's waterways were inaccessible, some because of erosion and about 30 per cent because they are rimmed by private land.

The November papers reveal that the minister shepherding the issue through, outgoing Rural Affairs Minister Jim Sutton, is now advocating a statutory right of access along "identified" waterways only.

These would be determined by public consultation to ascertain the "access value" of waterways.

The papers reveal that a Cabinet policy committee had earlier rejected plans for access to be granted to all waterways.

Rather than creating a 20m walking strip, Mr Sutton is advocating a 5m strip, except where there are obstacles to walking immediately alongside the water.

It is understood this follows Treasury advice that a 20m strip could have economic impacts on some landowners.

The papers show officials have provided mixed advice about whether landowners should receive compensation for walking strips created on their land, with Crown Law arguing that property rights exist.

Government sources confirmed yesterday that the Cabinet wants more advice before making a final decision on this issue.

In the papers, Mr Sutton also floated the prospect of using a contestable fund to buy or lease private land wanted for tracks to waterways.

Three categories of exclusions - ranging from temporary to permanent and including provision for wahi tapu and other culturally important sites - will also be made available.

Access rights can be no closer than 50m from a house or marae and 20m from other buildings.

Mr Sutton's office refused to comment or say whether there had been any last-minute changes before tomorrow's announcement.

Federated Farmers vice-president Charlie Pedersen said earlier Government papers had ruled out compensation and he was glad that it might be back on the table.

Without it, "militant" action could be on the cards.

"The compensation is the only thing that mitigates against a relatively severe reaction to this. This is one of the most serious issues that has confronted farmers," he said.

Cambridge farmer Bill Garland said the issue had been "hugely controversial".

A restriction in the number of waterways affected might take "some of the heat out of it".

But he said farmers basically wanted to know who was on their land, and the potential compromises would not change that.

Public access

What's it about?

The Government has been trying to change the law to ensure walkers have access to lakes, rivers and beaches on private land.

What did farmers think?

Many were furious. They said the change ignored their property rights and could cost them money.

What is the latest compromise?

Under its modified plans, the Government is expected to:

* Limit public access to "significant waterways".

* Reduce the public walking strip beside the water from 20m to 5m.

* Buy or lease some private land to create public paths to popular areas.