Foreign owner fights access to NZ farm
This makes my blood boil. https://www.stuff.co.nz/business/farming/104696825/chinese-owner-tramping-access-harms-nzs-image The owner is buying time and that's all they're going to gain before the inevitable forced sale. And then there's this nonsense perpetuated in the comments: "Under current health and safety legislation the landowner can be held liable for accidents and injuries that occur on their land. They are required to have a health and safety plan in place for random, unannounced and unknown visitors. Many insurers will no longer offer the liability insurance." OSH only applies to employed people or volunteers working for an outfit that has at least one employed person e.g. FMC. Why do people keep trying to say that recreational visitors are affected by OSH?
Thats quite true. Part of this though is the fact that a land owner might ask why he has to provide access when his neighbor doesn't. Some of this comes down to existing tracks which everyone knows were there even when they are not covered in an easement etc but what about situations where a new access is required or where the existing access has fallen out of use? Walking access commission was tasked with sorting this but the level of funding doesnt even cover getting paper roads open. They have had some big wins but also some even bigger losses which they may of been able to turn round with a bigger cheque book. Paper roads should be easy. They are public land despite what the adjacent landowner might tell you. But those landowners have issued trespass notices and people have accepted those notices without challenging them resulting in the validation of the loss of access. Access over private land is harder. In an ideal world it would be always covered by an easement. Then it is legally binding and exists even through property sales. Of course they are expensive and take a lot more work to get right. Who pays? The govt doesnt have spare cash The other side of this though is the reasons landowners are reluctant to give access. The track record of people using access over private land is far from exemplary. Sometimes landowners block access because it is their land and they can but so often its because of the rubbish left behind, the gates left open not to mention that little campfire that took 3 days and 6 helicopters to put out. I know everyone here will say none of this was me but landowner doesnt know that and its easier to just block the lot.
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