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Digest No. 1643

Walking Access Bill 2008 (2008 No 208-2)

Date of Introduction: 08 April 2008
Portfolio: Rural Affairs
Select Committee: Local Government and Environment
Date report presented: 29 July 2008
Published: 08 September 2008Prepared by John McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 471-9626 (Ext. 9626)F: (04) 471-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of this Bill is to provide for the establishment and administration of walkways in New Zealand and to establish the New Zealand Walking Access Commission (the Commission).

The Bill as introduced is described in Bills Digest No 1612.

Main changes to the Bill

There are many technical and clarificatory amendments proposed to this Bill. The following appear to be the most important substantive amendments recommended by the Select Committee.

Definitions of "landholder" and "private land

The Select Committee has recommended that the definition of “landholder" be amended to include the administering authority of any public land and that the definition of "private land” be amended to clarify that it does not include public roads (Part 1, Clause 4, definitions of "landholder" and "private land").

Unformed legal roads

The Bill as introduced provided for a public consultation process and local authority consent if public land required for a walkway is unformed legal road. The Select Committee has recommended that this provision be removed from the Bill (Part 3, deleting Clause 25).

Functions and powers of controlling authorities

The Select Committee has recommended that the Bill ensure that the power of a controlling authority of a walkway to do anything that is reasonably necessary or desirable to enable it to carry out its functions must be exercised consistent ly with easement s or lease s providing for a walkway and also that the establishment of any structure or facility on land adjoining any walkway should be subject to the agreement of the relevant landh older or administering authority (Part 3, amending Clause 40) .

Bylaws

The Select Committee has recommended , in relat ion to controlling authorities, that the power to make a bylaw in respect of the walkway may only be exercised once a controlling authority has taken i nto account the views of any persons and organisations it considers to be representative of the people likely to be substantially affected by the proposed bylaw (P art 4, amending Clause 69) .

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