Reprint as at 1 July 2013

Walking Access Act 2008

Public Act2008 No 101
Date of assent29 September 2008
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for Primary Industries.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Act binds the Crown

Part 2
New Zealand Walking Access Commission

Subpart 1Establishment, objective, and functions of Commission

Establishment of Commission

6 New Zealand Walking Access Commission established

7 Commission is Crown entity

8 Board of Commission

Objective, functions, and priorities of Commission

9 Objective of Commission

10 Functions of Commission

11 Consideration of priorities for walking access over private land

Subpart 2Code of responsible conduct

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
Walkways: Establishment and administration

Subpart 1Establishment of walkways

Establishment of walkways over public land

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

Establishment of walkways over private 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

Subpart 2Rights of public and powers of Commission in relation to walkways

33 Rights of public to use walkways

34 Powers of Commission in relation to walkways

Subpart 3Controlling authorities of walkways

35 Appointment of controlling authorities

36 Appointment of controlling authorities for walkways on public land

37 Functions and powers of controlling authorities

Subpart 4Closure and revocation of walkways

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
Compliance, enforcement, and miscellaneous provisions

Subpart 1Enforcement officers and their powers in relation to walkways

Appointment and removal

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

Powers of enforcement officers and honorary enforcement officers

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

Subpart 2Offences and penalties in relation to walkways

53 How proceedings commenced

Offences

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

Penalties

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

Subpart 3Miscellaneous provisions

Liability of landholders in relation to walking access

66 Limitation on liability of landholders

Regulations and bylaws in relation to walkways

67 Regulations

68 Bylaws

69 Bylaws to be approved by Commission

70 Responsibility of controlling authority to make bylaws available

71 Certain other requirements do not apply to bylaws

Transitional provisions

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

Government Superannuation Fund in relation to Commission

77 Current contributors to Government Superannuation Fund

78 No entitlement to recommence contributions to Government Superannuation Fund

79 Commission is controlling authority

Review of Act

80 Minister must review Act

Repeal and amendments

81 New Zealand Walkways Act 1990 repealed

82 Acts amended

Schedule
Acts amended

Reprint notes


The Parliament of New Zealand enacts as follows: