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Home / The Country

<EM>Ellen Ramsay</EM>: Let landowners have their say

28 Nov, 2004 07:24 PM3 mins to read

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New Zealand farmers and landowners need to be jolted out of their apathy before their property rights disappear completely.

It would be quite improper for Minister of Rural Affairs Jim Sutton to consider any legislation around public access over private land before an open and robust public debate has been
held on what is being proposed.

The Ministry of Agriculture and Forestry says reports are being prepared for Sutton's review but they are not for public discussion.

Cabinet will consider Sutton's proposals early in December.

Widespread discussion is required but cannot take place unless the Government's proposals are available to the public.

This situation is unacceptable considering the potential impact this legislation will have on farming management and productivity.

The Government is demonstrating a total absence of regard for farmers.

Any credibility the Government may have retained with farmers after the burp tax debacle has now vanished.

Legalising public access to private land, particularly farmland, will affect production and, inevitably, the economy.

It should not be forgotten that New Zealand's economic prosperity is largely dependent on agricultural production.

Farmers work hard to develop land and increase productivity and they must retain the right to control and manage who comes onto their property and for what reasons.

There appears to be scant recognition that farmers operate a business which leaves them little time to administer access through their properties. They will face the very real threat of financial losses if they lose their right to say who comes on to their land.

If every farmer calculated the potential personal and productive losses this legislation will impose on them, they would be appalled.

This proposed contravention of private property rights, could, in some circumstances, make farming untenable. Occupational Safety and Health (OSH) regulations already put landowners in an impossible position now, when the public is granted access to private land.

When farmers are charged with the responsibility of ensuring safety within their boundaries, they must also have the right to say who crosses those boundaries.

Rural Women New Zealand (RWNZ) is uneasy over a number of factors that do not appear to be being openly discussed and is giving this subject high priority.

The organisation is concerned about the implications for risk management in biosecurity, fire prevention, water quality, personal safety and individual property rights.

These risk management issues have to be given serious consideration so no agricultural businesses, vital for New Zealand's economic wellbeing, are compromised, says RWNZ national president Sherrill Dackers.

Presumably, this legislation has come about because of the growing number of corporate property owners who are locking their gates to the public.

One of the biggest perpetrators of this practice is the Department of Conservation (DoC).

Dackers says the Government should talk to its own people before attempting to inflict legislation on private land owners.

Where DoC is locking its gates, they have good reason for doing so, including environmental protection, public safety and biosecurity risks.

Private landowners face the same issues, so why shouldn't they be allowed to lock their gates too?

While the vast majority of people who enjoy access now are law-abiding citizens, there are increasing numbers of those who have no respect for the law or others' property. Concerns are certainly justified.

And, if these proposals become law, what compensation will landowners be entitled to and who will bear the costs associated with administering this law?

* Ellen Ramsay is a freelance journalist and former president of Rural Women New Zealand.

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