Environmental lobby group Fish and Game has failed in its bid for a High Court ruling that high-country farmers leasing land from the Crown do not have exclusive possession.
Justice Simon France, sitting in Wellington, has declined to make a declaration that pastoral leases do not confer exclusive occupation.
"Alessee under a pastoral lease issued pursuant to the Land Act 1948 does acquire exclusive possession," the judge said in a written ruling.
"The lessee farmer is not just a person authorised to graze but is required to farm the property, to improve it, and to keep it pest-free," he said.
The farmers were entitled to renewals of those leases forever, and "it is unrealistic to suggest that anything other than legal or exclusive possession is ... given to the lessee".
The Fish and Game Council case went awry during the hearing on March 26, when it abandoned a second declaration which it had been seeking, that pastoral leases allowed public access to land, provided that did not interfere with farming activities.
Despite this mid-hearing hiccup, Fish and Game pursued the first declaration it sought, to establish the Crown had given farmers only a right to use the land for "pasturage" and could itself assign access rights to other people.
Fish and Game's national council yesterday said it was seeking clarification of the Government's Walking Access Bill and it might still appeal, but Federated Farmers said the High Court ruling was unequivocal.
Justice France said the whole scheme of Crown leases was consistent with a lease that confers on the farmer exclusive possession.
"The obligations the lessee undertakes would make it surprising if he or she were obtaining only a licence to occupy," he said. "There is no suggestion anywhere that the Crown is retaining ... without the agreement of the lessee, access by other groups."
