Volume One 9. Public Access and Open Space (b) to or along a waterbody or the coastal marine area; or (c) provides primary access to an esplanade reserve or other reserve land; and there is no other access to the areas identified in (a) to (c), the Marlborough District Council will not stop an unformed legal road unless an equal or better alternative is provided. This policy recognises the importance of the access links that unformed legal road can provide. If any of the situations described in (a) to (c) exist when the Council considers an application to stop unformed legal road, then there must be an offset of equal or better access provided. This will help to ensure the access links are not lost. [RPS, C, D] Objective 9.2 – Identification of circumstances when public access to and along the coast and the margins of lakes and rivers can be restricted. There are some situations where public access to the coast, lakes and rivers is already restricted, for example by natural physical restrictions like those imposed by the coastal cliffs on the western side of d’Urville Island. Public access is also restricted where land to the water’s edge is in private ownership (riparian rights). However, there are other circumstances where access is or may need to be limited. Public access is already restricted in some parts of the Marlborough Sounds to protect special values such as endangered wildlife. The restriction on public access to these locations (generally islands) is governed by legislation other than the RMA. Access can also be restricted to defence areas, including areas used for temporary military training activities, under the provisions of the Defence Act 1990. Port operations in Picton and Havelock may result in restrictions on public access to protect public safety. Given the imperatives regarding the maintenance and enhancement of public access in Section 6(d) of the RMA, it is important that any restrictions placed on public access to and along the coast and the margins of lakes and rivers are well justified. [RPS, C, D] Policy 9.2.1 – Public access to and along the coastal marine area and the margins of lakes and rivers may be restricted to: (a) ensure a level of security consistent with the purpose of a resource consent or designation; (b) protect areas of significant indigenous vegetation and/or significant habitats of indigenous fauna; (c) protect cultural values of Marlborough’s tangata whenua iwi; (d) allow for foot access only; (e) protect public health and safety and animal welfare and to manage fire risk; (f) protect heritage, natural or cultural values; and (g) in other exceptional circumstances sufficient to justify the restriction, notwithstanding the national importance of maintaining that access. Marlborough’s river and coastal environments are in constant use by many locals and tourists. In coastal environments particularly, development pressures for activities such as marine farming and coastal structures (jetties, boatsheds and moorings) have the potential to affect public access. The NZCPS sets out circumstances in which a restriction on public walking access can be considered, notwithstanding the national importance of maintaining public access to the coast. Policy 9.2.1 is an extension of this and recognises the priority to be afforded unrestricted public access to and along the coastal marine area, while also acknowledging that a number of 9 – 9