Chapter 8 - Public Access 8.0 Public Access 8.1 Introduction New Zealand has a long history of public ownership and an expectation of access to and use of the coastal environment, wetlands, lakes and rivers. This expectation of the public is no less for the Marlborough Sounds which contains approximately 1400 kilometres of coastline, including some of the most attractive coastlines in scenic and recreational terms in New Zealand. Section 6(d) of the Act requires, as a matter of national importance, that public access to and along the coastal marine area, lakes and rivers be maintained and enhanced. While public access is an issue which spans the boundary between the coastal marine area and its landward edge, there are clear differences between the rights of access over land as opposed to the rights of access within the coastal marine area. There are a number of locations around the Marlborough Sounds where public access is naturally restricted, for example, the coastal cliffs on the western side of D’Urville Island. Public access to river margins and the coastal area is also restricted in some areas because of private ownership (riparian rights). Other circumstances exist where access is limited or needs to be limited. The New Zealand Coastal Policy Statement (Policy 3.5.1) and the Marlborough Regional Policy Statement (Policy 7.2.10(b)) outline those circumstances which include: • To protect areas of significant flora and significant habitats of indigenous fauna; • To protect Maori and heritage values; • To protect public health and safety; • To ensure a level of security consistent with the purpose of a resource consent; and • In other exceptional circumstances sufficient to justify the restriction notwithstanding the national importance of maintaining that access. Public access is already restricted to some parts of the Marlborough Sounds where there is a need to protect special values such as endangered wildlife. The restriction on public access to these locations (which are generally islands), is governed by legislation other than the Resource Management Act 1991. Also, the Defence Act 1990, enables access to be restricted to defence areas, including areas used for temporary military training activities. Port operations also result in some restrictions to public access in order to provide for the safety of people. At marinas, public access has been the subject of control to maintain security for marina tenants. Access to and from residential properties in the Sounds is often facilitated by foreshore structures (jetties, boatsheds and moorings). While these are a reasonable expectation of Sounds property owners, they do occupy part of the public domain and can detract from the use and enjoyment of that public domain by other people. 8 - 1