High country access rights before High Court

A High Court judge was today asked declare that Crown leases in the South Island high country retain a right of public access.

The Fish and Game Council told Justice Simon France in the High Court in Wellington that farmers only had a right to use the land for grazing.

Fraser Barton, for Fish and Game, said there was scope for "peacful co-existence" without interfering with pastoral farming.

"The two interests are not mutually exclusive," he said.

The judge noted he was not deciding on a policy of whether the public should have access, but whether the farmers' leases gave them exclusive possession.

Mr Barton said lease-holders had exclusive grazing rights but no rights to the soil, such as cropping or mining.

There was no right to exclusive possession through the statutory leases.

Provided the public did not disturb the livestock or damage the lease-holders' improvements, the responsible recreational use of the land could be permitted.

About 260 stations are held mainly under pastoral leases and some under special leases or occupation licenses.

The hearing is continuing.

- NZPA