Regional Policy Statement for Taranaki |
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| This page: | Part B Section 6.7 — Public access to rivers and lakes |
6.7 Maintaining and enhancing public access to and along rivers and lakes
Background to the issue
Public access to and along river and lake margins allows for the use and enjoyment of the amenity, scenic and recreational values of rivers and lakes, and for the cultural and spiritual values and customary uses of tangata whenua. New Zealanders have traditionally enjoyed good access to and along rivers, lakes and their margins. Public access to streams, rivers and lakes in Taranaki is often provided by public roads, esplanade reserves, esplanade strips or by access strips where formal (legal) rights of access have been negotiated with the landowner. Where land is in private ownership, access is by agreement with the landowner.
Formal public access has increased over time - particularly through the creation of esplanade reserves and strips along the region's rivers and lakes. However, this represents but a small proportion of the total length of Taranaki waterways, and public access remains disjointed and there is still relatively little formal access outside of urban areas. Public access to rivers, streams and lakes continues to be largely dependent on the goodwill and agreement of adjoining land owners.
The demand for or need for public access to and along rivers and lakes varies depending upon locality and particular values attached to that locality. In some cases, it will be appropriate to promote and enhance public use and enjoyment of rivers and lakes, particularly where areas are identified as having high natural character or recreational values. In other cases, it may be more appropriate to restrict public access e.g. to safeguard rare and endangered species. Providing for the maintenance and enhancement of public access beside waterways needs to be balanced against the 'private property rights' of land occupiers.
The significant issues in relation to public access to and along rivers and lakes are:
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Providing for the maintenance and enhancement of public access to and along rivers and lakes.
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Avoiding, remedying or mitigating adverse effects that may arise from public access to and along rivers and lakes.
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Objective
WPA OBJECTIVE 1
To maintain and enhance appropriate public access to and along rivers and lakes in the Taranaki region, while avoiding, remedying or mitigating any adverse effects that may arise from that access.
Policy
Maintenance and enhancement of public access
WPA POLICY 1 Encourage, as far as is practicable, the maintenance and enhancement of public access to and along rivers and lakes, except where circumstances make restrictions necessary to: (a) preserve the natural character of rivers and lakes and their margins; (b) protect private property rights and infrastructure; (c) safeguard the ecological, intrinsic or recreational attributes of rivers and lakes; (d) avoid conflicts between competing uses; (e) protect cultural and spiritual values of tangata whenua; (f) protect public health and safety; (g) protect the integrity of river control works; (h) protect historic heritage; and (i) provide for other circumstances that are sufficient to justify the restriction, notwithstanding the national importance of maintaining access.
Explanation of the policy
The maintenance and enhancement of public access to and along rivers and lakes and their margins is a matter of national importance under section 6(d) of the Resource Management Act. Policy 1 gives effect to section 6(d) of the Act, and requires that public access be maintained and enhanced to and along river and lake beds, except in exceptional circumstances where it is necessary to restrict access for one or more of the listed purposes.
Related policies
Policy 1 of Section 8.2 [Natural character of the coastal environment]; Policy 1 of Section 8.3 [Public access to the coast]; Policies 1 and 2 in Section 9.1 [Indigenous biodiversity]; all policies relating to Section 10.1 [Outstanding natural features and landscapes]; Section 10.3 [Amenity values]; Section 13 [Minerals]; and Section 16 [Issues of significance to iwi].
Methods of implementation
The Taranaki Regional Council will:
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Maintain a regional plan or plans with objectives, policies and methods of implementation addressing the maintenance and enhancement of public access to and along rivers and lakes and their margins and where necessary, restrictions on public access to protect private property, public health and safety and other matters identified in Policy 1.
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As appropriate, require new or renewed resource consents for the use of river and lake beds to include conditions addressing public access including where necessary, conditions restricting public access to address matters identified in Policy 1.
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Prepare and implement, in conjunction with the region's three territorial authorities, a regional walkways and cycleways strategy to enhance public access to and along river and lake margins.
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Advocate, as appropriate, the establishment of public access to and along rivers and lakes through such means as esplanade reserves, esplanade strips or access strips, and through agreements or covenants with landowners under the New Zealand Walkways Act 1990, the Queen Elizabeth II National Trust Act 1977 and other means.
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Provide information and technical assistance to persons and communities wishing to carry out activities to enhance public access to and along rivers and lakes.
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Advocate to agencies that hold or are responsible for providing information on public access to provide information to the general public on existing legal access to and along the region's lakes and rivers.
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Territorial authorities may wish to consider the following methods:
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Include in district plans and conditions on resource consents, provisions to maintain or enhance public access to and along rivers and lakes.
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Provide information on existing public access points where appropriate.
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Establish esplanade reserves, esplanade strips or access strips following subdivision.
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As appropriate, designate and acquire reserves adjoining rivers and lakes.
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Put in place agreements or covenants with landowners that enhance public access to and along rivers and lakes.
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Consider the use of financial instruments and incentives such as land purchase or compensation, rates relief or grants for fencing and other costs.
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Advocate to agencies that hold or are responsible for providing information on public access to provide information to the general public on existing legal access to and along the region's lakes and rivers.
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Provide to the public information held by the district council on existing legal access to and along the region's lakes and rivers.
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Principal reasons for adopting the objective, policy and methods
The objective, policy and methods of implementation establish a policy framework for issues of public access to and along rivers and lakes. Their aim is to promote public access.
The policy and methods focus on a combination of regulatory and non-regulatory methods to promote public access. Regulation by itself is unlikely to achieve significant progress towards the objective. To overcome some of the fragmented nature of public access, and in recognition that both the Taranaki Regional Council and the three territorial authorities have significant roles in promoting public access, a regional walkways and cycleways strategy will be prepared to promote more effective integrated management in relation to this issue. Together these methods are considered appropriate having regard to their efficiency and effectiveness and their benefits and costs.
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Environmental results anticipated WPA ER 1 Increased formal public access to and along rivers and lakes. |