This section continues the New Zealand Walking Access Commission as the Outdoor Access Commission.

The Outdoor Access Commission is the same body as the New Zealand Walking Access Commission constituted under this Act before its amendment by the Regulatory Systems (Primary Industries) Amendment Act 2026.

The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

The Commission consists of no fewer than 5, and no more than 8, members.

Members of the Commission are the board for the purposes of the Crown Entities Act 2004.

The Minister must, after consultation with the Minister of Māori Affairs, appoint at least 1 member who has a knowledge of tikanga Māori (Māori customary values and practices).

The objective of the Commission is to lead and support the negotiation, establishment, maintenance, and improvement of walking access and types of access that may be associated with walking access, such as access with firearms, dogs, bicycles, or motor vehicles.

In meeting its objective under section 9, the Commission has the following functions:

If the Commission is aware that a site is culturally sensitive, it must consider whether it is appropriate to publish a map or information indicating the location of the site before doing so.

In considering its priorities for negotiating walking access over private land, the Commission must take into account the desirability of walking access—

The purpose of sections 13 to 19 is to provide for the development and issue of a code of responsible conduct in relation to walking access for the general guidance of—

The code may include all or any of the following:

The code may make recommendations that are specific to a local area or a region.

The Commission must prepare a draft code as soon as practicable after the commencement of this Act.

The Commission must, by any means it thinks appropriate,—

The Commission must ensure that—

The Commission must consider each comment it receives under this section.

Before issuing a code under section 17, the Commission must—

In complying with subsection (1), the Commission must have regard to—

The Commission may issue the code at a time, and in a manner and form, that the Commission thinks appropriate.

The Commission may, at any time,—

Sections 14 to 17 apply, with all necessary modifications, to amendments to, or the revocation and substitution of, the code under subsection (1).

However, sections 14 to 17 do not apply to minor amendments that do not materially affect the code.

The Commission must ensure that copies of the code are readily available to members of the public for inspection.

If the Commission considers that all or part of any public land should be made available for use as a walkway, it may propose to declare all or that part of the land (as the case may be) to be a walkway.

If the Commission proposes to declare any public land to be a walkway, it must obtain the written consent of the administering authority of the land to do so.

If the administering authority consents to the declaration of the walkway, it may impose any conditions in relation to the walkway when granting consent.

Any public land that is to be declared a walkway must be defined on a plan.

The plan must define the land in accordance with rules made by the Surveyor-General under section 49 of the Cadastral Survey Act 2002, unless the Surveyor-General grants an exemption or specifies alternative requirements in accordance with section 47(5) of that Act.

The plan must be lodged with the chief executive and recorded in the cadastre.

The Commission must assign a distinctive name to a walkway over public land.

In assigning the name, the Commission must take into account the views (if any) of—

The Commission may, after complying with sections 21 to 23 in respect of a proposal to declare public land to be a walkway, publish a notice—

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If public land that is declared to be a walkway is subject to the Land Transfer Act 2017, the Commission must lodge with the Registrar-General a copy of the notice referred to in section 24(1).

The Registrar-General must record the particulars of the notice in the register.

If the Commission considers that all or part of any private land should be made available for use as a walkway, it may negotiate an agreement with the landholder for—

If the Commission proposes to negotiate under section 26 for an easement or lease over, or the purchase of, Maori freehold land for use as a walkway, it must do so—

The provisions of Te Ture Whenua Maori Act 1993 apply to—

Any private land that is to be declared a walkway must be defined on a plan.

The plan must define the land in accordance with rules made by the Surveyor-General under section 49 of the Cadastral Survey Act 2002, unless the Surveyor-General grants an exemption or specifies alternative requirements in accordance with section 47(5) of that Act.

The plan must be lodged with the chief executive and recorded in the cadastre.

To avoid doubt, this section and section 29 do not override the requirements under any other Act that apply to the transfer of the fee simple estate in, or the lease of, only part of the land held in a record of title.

The Commission must lodge with the Registrar-General, in a form registrable under the Land Transfer Act 2017,—

The Registrar-General must register the easement, lease, or transfer upon receiving it.

The Commission must assign a distinctive name to a walkway over private land.

In assigning the name, the Commission must take into account the views (if any) of—

This section applies to private land proposed for use as a walkway and in respect of which the Commission has complied with sections 26 to 30 (either by obtaining an easement or lease over, or by purchasing land that includes, the land proposed for use as a walkway).

The Commission must publish a notice—

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Commission must lodge with the Registrar-General a copy of the notice referred to in section 31(2).

The Registrar-General must record the particulars of the notice in the register.

Members of the public may, at any time and without charge,—

Subsection (1) does not prevent any member of the public who requires mobility assistance due to a physical or neurological impairment from using a personal mobility device on a walkway.

Subsections (1) and (2) are subject to—

The Commission’s powers in relation to walkways include the power to—

The Commission may appoint a department, local authority, or public body, or the Commissioner of Crown Lands, to be the controlling authority of a walkway.

The Commission may, at any time, review an appointment made under subsection (1) and, if the Commission thinks fit, revoke the appointment.

However, before appointing a department under subsection (1) or revoking the appointment of a department under subsection (2), the Commission must obtain the consent of the Minister responsible for the department.

A local authority of a district or region may be appointed as the controlling authority of a walkway despite any part of the walkway being located within the district or region (as the case may be) of another local authority, but only if the Commission first consults both local authorities.

This section is subject to section 36.

If public land has been declared to be a walkway under section 24, the administering authority of the land is the controlling authority for the walkway.

However, if the administering authority advises the Commission, in writing, that it does not consent to becoming the controlling authority,—

If there is no controlling authority under this section or section 35, the Commission is the controlling authority.

To avoid doubt, if the Commission becomes the controlling authority under subsection (3), the Commission may subsequently, in accordance with section 35, appoint another person to be the controlling authority in place of the Commission.

A controlling authority of a walkway has the following functions:

A controlling authority of a walkway has the power to do anything that is reasonably necessary or desirable to enable it to carry out its functions, including—

A controlling authority may establish, or impose a charge for, facilities or amenities on a walkway or land adjoining a walkway only if—

A controlling authority may close a walkway if it is satisfied on reasonable grounds that the walkway should be closed—

A controlling authority must close a walkway if it considers that the closure is necessary to comply with a condition imposed in relation to the walkway.

A walkway must not be closed for any longer than the controlling authority considers necessary.

A controlling authority—

A closure must be publicly notified—

All signs and notices under subsection (1) must specify—

A closure is not invalid merely because a notice required under subsection (1)(b)—

The Commission may by notice revoke, in whole or in part, any declaration of a walkway, but only if—

Land may become unsuitable or unavailable for use as a walkway for any reason, including because of—

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If a walkway is revoked under section 40 in respect of land that is subject to the Land Transfer Act 2017, the Commission must lodge with the Registrar-General a copy of the notice referred to in section 40(3).

The Registrar-General must record the particulars of the notice in the register.

If a walkway over private land is revoked under section 40, the Commission must ensure that, as soon as is reasonably practicable,—

The Commission may, by written notice, appoint as enforcement officers—

An enforcement officer—

An enforcement officer appointed under subsection (1) is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 or the Public Service Act 2020 just because the person is an enforcement officer.

The following persons are, by right of office, also enforcement officers for the purposes of this Act:

The Commission may, by written notice, appoint fit and proper people who are suitably qualified and trained to be honorary enforcement officers.

An honorary enforcement officer—

The Commission may reimburse an honorary enforcement officer for reasonable expenses incurred while performing his or her duties under this Act if the Commission—

An honorary enforcement officer is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 or the Public Service Act 2020 just because the person is an honorary enforcement officer.

The Commission must issue a written warrant to—

A warrant of appointment must state—

On the termination of the appointment of an enforcement officer or honorary enforcement officer, the officer must surrender to the Commission—

Before an enforcement officer or honorary enforcement officer exercises his or her powers under this Part, the officer must produce his or her warrant of appointment (unless it would be impracticable to do so).

It is sufficient evidence that a person is an officer under this Part if the person produces—

An enforcement officer or honorary enforcement officer exercising a power under this Part may call on any person in the vicinity for assistance, and the person called upon is authorised to assist the officer, as long as the person acts under the direction and supervision of the officer.

An enforcement officer or honorary enforcement officer exercising a power under this Part may enter onto a walkway with a vehicle or a dog if the officer believes, on reasonable grounds, that the vehicle or dog is necessary for the purposes of exercising the power.

An enforcement officer or honorary enforcement officer may—

If an enforcement officer or honorary enforcement officer believes, on reasonable grounds, that a person has committed, is committing, or is about to commit, an offence, the enforcement officer may require the person—

A person who does, or omits to do, an act in the course of performing a duty or exercising a power under this Part is under no civil or criminal liability for that act or omission unless the person acts, or omits to act, in bad faith or without reasonable grounds.

Proceedings are commenced by filing a charging document under section 14 of the Criminal Procedure Act 2011.

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed.

Any person, including the Commission, an enforcement officer, or an honorary enforcement officer, may file a charging document.

Every person commits an offence who, without lawful authority under this Act (for example, under section 55(2)) or under any other enactment,—

The onus is on the defendant to prove that at the time of the alleged offence an activity is authorised.

In prosecuting an offence against subsection (1), the prosecution does not need to prove that the defendant—

In this section,—

It is a defence to an offence against section 54(1) if the defendant proves—

A person is not guilty of an offence against section 54(1) in relation to a walkway if the person—

The defences set out in this section do not limit any other defences that may be available.

Every person commits an offence who, without authority from the landholder on whose land a walkway is located or, if relevant, the landholder of the land adjacent to the walkway,—

Every person commits an offence who—

In prosecuting an offence against subsection (1) or (2), the prosecution must prove that the defendant knowingly, intentionally, or recklessly committed the offence.

In this section,—

A person is not guilty of an offence against this Act if the act or omission of the person is authorised by regulations made under this Act.

If there is an inconsistency between an offence under this Act and an offence under any other enactment, in relation to the administration or control of public land, the provisions of that other enactment prevail.

A person who commits an offence against section 54 is liable on conviction to a fine not exceeding $5,000.

A person who commits an offence against section 56 is liable on conviction to a fine not exceeding $10,000.

A person who commits an offence against section 56(2)(b) is liable, in addition to the penalty for the offence, to a fine not exceeding $100 for each day or part of a day that the offence continues after he or she has been required to stop the offence.

A body corporate that commits an offence against section 54 or 56 is liable on conviction to a fine not exceeding 5 times the maximum fine otherwise provided for the offence.

If a body corporate is convicted of an offence, every director and every person concerned in the management of the body is guilty of the same offence, if the prosecution proves—

A court may sentence a person who commits an offence against section 54 or 56 to a sentence of community work, and the provisions of subpart 2 of Part 2 of the Sentencing Act 2002 apply accordingly.

A person convicted of an offence under this Part is liable, in addition to the penalty for the offence, for any loss, damage, and expenses arising from, or caused by, the act or omission constituting the offence, including (as the case may be)—

In assessing an amount payable under subsection (1), the court may take into account the salaries, wages, and incidental expenses incurred in investigating the act constituting the offence or in remedying any loss or damage caused by the offence.

An amount payable under subsection (1) may be awarded by the court in fixing a penalty and is recoverable in the same manner as a fine.

In any proceedings for an offence, a certificate, lease, licence, map, plan, or copy certified as true by the Commission, the Director-General of Conservation, or the chief executive (or an officer authorised by the Commission, the Director-General of Conservation, or the chief executive) is sufficient evidence of its contents—

Subsection (1) applies unless the defendant adduces evidence to the contrary and the interests of justice require the attendance of the certifying officer.

A landholder is not liable for any loss or damage suffered by a person using—

The liability referred to in subsection (1)—

However, subsection (1) does not apply to any loss or damage caused by the landholder’s deliberate act or omission.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Regulations made under this section may apply—

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A controlling authority (other than a department that is a controlling authority) may make bylaws for 1 or both of the following purposes:

Bylaws apply to any walkway—

Bylaws made under subsection (1)—

Despite anything to the contrary in this Act or in any other enactment, the controlling authority must not delegate the power conferred by subsection (1).

A person who fails to comply with any bylaw made under this section contravenes this subsection and is liable, on conviction, to a fine not exceeding $1,000.

A controlling authority that makes bylaws under section 68 must submit them to the Commission for approval.

The approved bylaws are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

That Act applies as if—

Publication of the bylaws in accordance with subsection (2) is, in the absence of proof to the contrary, evidence that the bylaws have been properly made and approved under this Part.

Despite the requirements for approval and publication under section 69, a controlling authority may, by resolution that is publicly notified, make minor changes to, or correct errors in, a bylaw, but only if the changes or corrections do not affect—

In this section, publicly notify means to give notice—

Section 157 of the Local Government Act 2002 does not apply to a bylaw made by a local authority under section 68.

An entity that, immediately before the commencement of this Act, is a controlling authority appointed under section 11 of the New Zealand Walkways Act 1990 is to be treated as a controlling authority appointed under section 35 of this Act.

If an administering authority or the Minister of Conservation is, immediately before the commencement of this Act, still deemed to be a controlling authority under section 11(3) or (4) of the New Zealand Walkways Act 1990, the administering authority or the Minister is to be treated as having become a controlling authority under section 36 of this Act.

On the commencement of this Act, all easements, leases, and agreements entered into for the purposes of the New Zealand Walkways Act 1990 and in existence immediately before the commencement of this Act vest in the Commission.

If an enactment provides for an easement to be granted or provided to the Crown under the New Zealand Walkways Act 1990, and the easement has not been granted or provided on the commencement of this Act, it must instead be granted or provided to the Commission as grantee.

However, the Crown and the Commission are, together and separately, subject to any obligation or liability to which—

The Crown is not in breach of any obligation referred to in subsection (3) as long as it takes all reasonable steps to satisfy the obligation.

Subsections (1) and (2) have effect whether or not any enactment, deed, or agreement permits, or requires consent to, those matters.

This section is subject to section 74.

This section applies to all agreements—

The agreements referred to in subsection (1) are administered by the Minister of Conservation.

All money received under section 18 of the New Zealand Walkways Act 1990 and held in the Department of Conservation Grants and Gifts Trust Account (a Trust Bank Account established under section 67 of the Public Finance Act 1989) immediately before the commencement of this Act—

The vesting referred to in subsection (1)(a) occurs on the commencement of this Act.

The Commission is not liable for acts or omissions of any person under the New Zealand Walkways Act 1990.

However, a proceeding commenced under the New Zealand Walkways Act 1990 that, immediately before the commencement of this Act, is pending by or against the Director-General of Conservation may be carried on, completed, or enforced by or against the Director-General of Conservation as if that Act had not been repealed.

This section applies to any person who, immediately before being employed by the Commission, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956.

A person to whom subsection (1) applies is, for the purposes of the Government Superannuation Fund Act 1956, deemed to be employed in the Government service, and that Act applies to the person as if his or her service as an employee of the Commission were Government service.

A person ceases to be deemed to be employed in the Government service when that person ceases to be employed by the Commission.

Section 77 does not entitle a person to become a contributor to the Government Superannuation Fund if the person has (since being employed by the Commission) ceased to be a contributor.

For the purposes of applying the Government Superannuation Fund Act 1956 to a person referred to in section 77, the Commission is the controlling authority in relation to that person.

The New Zealand Walkways Act 1990 (1990 No 32) is repealed.

The Acts specified in the Schedule are amended in the manner indicated in that schedule.