Access over private property-public property interest vs private rights
Access over private property-public property interest vs private rights
Luxton, Nicola
Luxton, Nicola
Date
2003
Type
Other
Fields of Research
ANZSRC::180124 Property Law (excl. Intellectual Property Law) , ANZSRC::120504 Land Use and Environmental Planning
Abstract
The exercise of private property rights is increasingly subject to restrictions by
legislation and regulation in the wider public interest. Particularly in New Zealand,
environmental and resource management law has become integral to, and a major influence
upon, the allocation and exercise of real property rights" (Grinlinton, 1995). The current
debate about the adequacy (or otherwise) of walking access in the New Zealand
outdoors and the potential provision of public access over private land, raises questions
about a further restriction on private property rights. The further qualification of rights
of property through (potentially) legislation, inevitably results in tension between two
competing ideologies; private property and the public interest.
This project seeks to discuss the current access debate in the context of those competing
sets of values and to stimulate the reader's thinking about the value and basis of the
debate. Firstly, the current access debate is outlined, followed by a discussion of the
concept of private property rights, the conflict between public and private interest and
differing perspectives of infringements on those rights. Potential issues for farmers
arising from increased public access over private land are then set out. The project
concludes by questioning the wider motives behind the access debate within the
political context.
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