Walking Access Act 2008

• Jurisdiction: New Zealand
• Citation: 2008 No 101
• Reference: 2008 No 101
• Record Number: DLM1244000
• Act Number: 101
• Type of Document: Act

Contenidos

• Walking Access Act 2008
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose
• 4 Interpretation
• 5 Act binds the Crown
• Part 2
• Part 1
• 6 New Zealand Walking Access Commission established
• 7 Commission is Crown entity
• 8 Board of Commission
• 9 Objective of Commission
• 10 Functions of Commission
• 11 Consideration of priorities for walking access over private land
• Part 2
• 12 Purpose and status of code
• 13 Contents of code
• 14 Preparation of draft code
• 15 Notice of draft code to public
• 16 Matters to be considered
• 17 Issue of code
• 18 Amendment or revocation of code
• 19 Availability of code
• Part 3
• Part 1
• 20 Proposal to declare walkway over public land
• 21 Administering authority's consent required for walkway over public land
• 22 Plan of walkway over public land
• 23 Name of walkway over public land
• 24 Declaration of walkway over public land
• 25 Registration of notice declaring walkway over public land
• 26 Negotiation of walkway over private land
• 27 Maori freehold land
• 28 Plan of walkway over private land
• 29 Registration of easement, lease, or transfer
• 30 Name of walkway over private land
• 31 Declaration of walkway over private land
• 32 Registration of notice declaring walkway over private land
• Part 2
• 33 Rights of public to use walkways
• 34 Powers of Commission in relation to walkways
• Part 3
• 35 Appointment of controlling authorities
• 36 Appointment of controlling authorities for walkways on public land
• 37 Functions and powers of controlling authorities
• Part 4
• 38 Closure of walkways
• 39 Public notification of closure of walkway
• 40 Revocation of notice declaring walkway
• 41 Registration of notice revoking walkway
• 42 Surrender of easements and leases
• Part 4
• Part 1
• 43 Appointment and removal of enforcement officers
• 44 Other persons also enforcement officers under this Act
• 45 Appointment and removal of honorary enforcement officers
• 46 Warrants of appointment
• 47 Surrender of warrant
• 48 Exercise of powers
• 49 Use of dog or vehicle
• 50 Power to interfere to prevent or stop offending
• 51 Power to require personal details
• 52 Protection of persons acting under authority of this Part
• Part 2
• 53 How proceedings commenced
• 54 Strict liability offences
• 55 Defences to strict liability offences
• 56 Offences requiring knowledge, intent, or recklessness
• 57 Not offence if authorised by regulations
• 58 Relationship with offence provisions in other enactments
• 59 Penalties
• 60 Penalties for continuing offences
• 61 Penalties for bodies corporate
• 62 Liability of directors and managers
• 63 Sentence of community work
• 64 Offenders liable for loss, damage, or costs
• 65 Evidence in proceedings
• Part 3
• 66 Limitation on liability of landholders
• 67 Regulations
• 68 Bylaws
• 69 Bylaws to be approved by Commission and published
• 70 Minor changes and error corrections
• 71 Certain other requirements do not apply to bylaws
• 72 Existing controlling authorities of walkways to continue
• 73 Easements, leases, and agreements to vest in Commission
• 74 Agreements made under New Zealand Walkways Act 1990
• 75 Grants and gifts to Commission
• 76 Liability of Commission
• 77 Current contributors to Government Superannuation Fund
• 78 No entitlement to recommence contributions to Government Superannuation Fund
• 79 Commission is controlling authority
• 80 Minister must review Act
• 81 New Zealand Walkways Act 1990 repealed
• 82 Acts amended
• Schedules
• Acts amended
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Walking Access Act 2008

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

Contents

1 Title

This Act is the Walking Access Act 2008.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1

3 Purpose

The purpose of this Act is—

1. to provide the New Zealand public with free, certain, enduring, and practical walking access to the outdoors (including around the coast and lakes, along rivers, and to public resources) so that the public can enjoy the outdoors; and

to establish the New Zealand Walking Access Commission with responsibility for leading and supporting the negotiation, establishment, maintenance, and improvement of—

1. walking access (including walkways, which are one form of walking access) over public and private land; and

2. types of access that may be associated with walking access, such as access with firearms, dogs, bicycles, or motor vehicles.

4 Interpretation

In this Act, unless the context otherwise requires,—

administering authority means any Minister, department, local authority, or public body, or the Commissioner of Crown Lands, that owns, controls, or administers any public land

cadastre has the same meaning as in section 4 of the Cadastral Survey Act 2002

...