This section contains information about OIO application benefit factors regarding walking access in relation to the Walking Access Act 2008.
Whether there are or will be adequate mechanisms in place for providing, protecting or improving walking access over the relevant land or a relevant part of the that land by the public or any section of the public (s17(2)(e))?
Key elements of this factor
There are four key elements to this factor:
- There must be adequate mechanisms in place or proposed to provide, protect or improve walking access.
- The walking access must be over the relevant land.
- The walking access must be available to the public or any section of the public.
- The provision, protection or improvement of walking access that is likely to result from the overseas investment must be additional to that which is likely to occur without the overseas investment.
Walking access is the right of members of the public to gain access to the New Zealand outdoors by passing on foot. Walking access may be of particular relevance where it provides public access to:
- foreshore, lakes and rivers;
- conservation areas;
- areas of scenic or recreational value;
- sports fish; or
- adjoining public walking trails.
Walking access may also include types of access that are associated with walking such as access with dogs, horses, firearms, or bicycles.
The matters set out in s11 of the Walking Access Act 2008 are a good indicator as to the relevance of this factor.
Providing, protecting or improving walking access
In order to demonstrate a benefit under this factor, an applicant needs to show new or enhanced mechanisms for providing, protecting or improving walking access. The benefits associated with enduring mechanisms, such as a walkway easement, are given greater weight than corresponding temporary measures.
A commitment to implement specific mechanisms will be given significantly greater weight than an agreement to consult with the New Zealand Walking Access Commission.
The continuation of current adequate mechanisms is unlikely to demonstrate a benefit.
Consultation with New Zealand Walking Access Commission
The New Zealand Walking Access Commission is a Crown entity that works to enhance free, certain, enduring, and practical walking access to the outdoors for New Zealanders and overseas visitors.
Applicants are encouraged to contact the New Zealand Walking Access Commission before making an application to help identify the relevance of this factor and options for walking access.
Making a claim
Provide the following information when making a claim under this factor:
- Current walking access:
Details of any current public walking access arrangements in relation to the relevant land.
How the overseas investment will result in the provision, protection or enhancement of walking access over the relevant land (for example, creating a walkway easement, constructing defined trails, installing markers identifying trails, installing signs on the relevant land publicising the available access). Maps showing proposed walking access routes should be provided where relevant.
The expenditure (if any) required.
When the provision, protection or improvement of walking access is likely to occur.
The public walking access that is likely to be available without the overseas investment.
Anything that may prevent the provision of walking access (for example, consents, approvals).
Conditions of consent
All consents are granted subject to conditions. Consent conditions will generally require consent holders to deliver, and report on, the benefits claimed in their application. The OIO monitors all consents to ensure that conditions are complied with.
Where the OIO considers that walking access is relevant to an application, an applicant will be required to consult with the New Zealand Walking Access Commission and implement any reasonable walking access recommended as a condition of consent even if the applicant does not make a claim under this factor.