John Aspinall: Action Orange drive not over

Last week, news media reported the Government was backing down over plans to legislate for public access to waterways because of "too much conflict". Access legislation expected before the election has been shelved.

As the spokesman for Federated Farmers' Action Orange campaign, which aimed to convince the Government not to confiscate the right to manage access, I was delighted. But I soon learned that farmers can't be complacent.

Action Orange, which mobilised thousands of farmers to close their gates to public access for one week, tying a symbolic orange ribbon to those gates, asked the Government to abandon the legislation.

Unfortunately, the Government has not committed to abandoning its ill-considered plan to allow anybody, no matter their character or intent, the right to walk over private land along waterways.

Instead, the legislation appears to be parked until after the election.

That said, the Government has agreed to negotiate with stakeholder groups over aspects on which agreement can be reached - a vast improvement from the wall of silence over the past 12 months.

One of the most telling discoveries is the almost universal opposition to legislated reforms. Farmers, recreationalists, landowner groups and the Law Society have highlighted that the proposed legislation would have diminished rather than increased public access, as well as threatening the fundamentals of property rights.

A recent Herald poll showed New Zealanders opposed the proposed legislation by 2 to 1. The Government cannot claim to have a mandate to proceed with this legislation, which would confiscate property rights from one group and give them to another. Federated Farmers will make the most of the looming opportunity to facilitate options on which there is a measure of agreement. We are not yet convinced there is a major problem with the existing arrangement where the public asks for access, which is nearly always granted.

However, where there are problems with access, let's identify them case by case and work through ways of improving access using voluntary mechanisms.

Federated Farmers has done its part to find a way out of the impasse. The day the gates reopened after the week-long protest, the federation launched a voluntary Visitor Access Protocol to assist land owners to manage visitors who want access and clarify the responsibilities of both parties.

The most important part of the protocol is the logo which says: "Ask for access". Clearly the message is visitors must ask for permission before accessing private land.

But this isn't a one-way street. The protocol recommends that landowners must explain the implications of possible hazards. Landowners may provide alternative routes and we urge them to give reasons if access is declined. We hope the protocol will mark a new era in relations between farmers and visitors and build on the existing goodwill. We have already recommended a trust to prioritise and negotiate access, based on the successful QE II Trust.

The Action Orange campaign has not ended. It will continue until the Government ditches its policy of allowing anybody to walk on private land. Farmers are opposed to this confiscation of rights and alarmed at the increased risk to security and livelihoods.

* John Aspinall is a sheep and beef farmer and Federated Farmers' spokesman on land access.