NZ Federation of Freshwater Anglers

The "Queens Chain primarily exists for access to adjacent rivers, lakes, and the sea. The beds of these, and of foreshores or beaches are generally in Crown ownership and available for public recreation.

As it exists today it covers on average some 70% of our waterways and lake margins and every day all New Zealanders have reason to thank the foresight of Queen Victoria when , in 1840, she issued instructions to Governor Hobson that he ensure the retention of these areas in Crown ownership and that he protect them against sale or other disposition, for all time.

In the "Queens Chain" we have a concept greatly admired by many overseas countries.

The application of the concept however is not perfect and the advantages of perfecting it have been regularly recognised by successive Governments in policy statements and pre -election promise lists.

The LABOUR component of the current Government made a clear and unequivocal commitment on the development of the ":Queens Chain" in its pre election policy statement prior to the 1999 Election when it said –

" That it should be a priority for the next Government to investigate the means of completing the "Queens Chain" around the shores of all major lakes, the sea coast, and along major rivers. "

ALLIANCE policy also stated that-

"Public access to conservation lands ,coasts ,rivers, and lakes will be guaranteed by maintaining the ":Queens Chain" where it exists and creating it where land is subdivided."

Neither of these encouraging statements have been supported by political action during the past three years and to outdoor recreationalists that is enormously disappointing.

The painful recognition that political promises, particularly those made before an election, should in the main be treated with disrespect, comes slowly to those of us who still retain some support for democracy and honest Government , but broken promises heap derision upon the heads of those who make them, and a failure to perform to those promises bring the Parliamentary system into disrepute.

The development of the " Queens Chain" has received no attention by any political party during the term of the current Government and recent correspondence to both the Minister for Conservation & Recreation and the Prime Minister, on the issue, has elicited no meaningful response. We are left to come to the conclusion that political promise on this issue is well removed from political intent and that no progress is envisaged or desired.

Our politicians need to be aware of the strengthening of public opinion on the value of the "Queens Chain". There is now greatly increased awareness of the concept and all political parties would be well advised to place this issue further up the list of "must does" in their programs.

Questions are now being asked why, with such an important concept, is it so difficult- some would say impossible, to obtain a ready reference to the actual position of any ‘Queens Chain" on a waterway or lake margin. Even the Department of Conservation and Recreation which has the job of managing these areas in the public interest are in many cases unable to clearly identify those locations.

If the public are unable to identify exactly where a "Queens Chain" applies its value to them is an illusion. An innocent attempted access over an assumed marginal strip, when in error, can cause understandable problems with the landowner concerned.

Subsequent to 1990 all newly created marginal strips have been classified as "moveable". - and that is sensible. As a waterway moves backwards and forwards across its flood plain the marginal strip moves with it , thus maintaining its integrity.

However all marginal strip established prior to 1990 are not moveable and with the natural movement of rivers around their beds there are now many instances where the"Queens Chain" is some distance from the edge of the waterway , and in some cases even crosses it. Not only does this create a discontinuous marginal strip but any one using one of these now displaced strips may need to walk across open farm land to take advantage of its presence.That is plainly silly and certainly not in the interests of the landowner.

The proponents of the development and maintenance of the "Queens Chain" have no interest, or right, to consider wandering at will across any landowners private property , and we can well understand a landowners aggravation when this occurs- but this situation will recur as long as the current uncertainties exist.

The answer surely is to ensure that ALL marginal strips are moveable and there is already provision in the Conservation Act for this to happen. Under clause-24E (1) -of the Conservation Act the Minister may so authorise the exchange of any marginal strip for another strip of land if he/she is satisfied that the exchange will better achieve the purposes specified in section 24C of the Act – and that refers to both public access and public recreational use.

Ministerial inaction has so far failed to correct this problem and that inaction is not acceptable.

No change of law is required , no lengthy legislative process, no political navel gazing.

A simple Gazette notice is all that is required and some political intent.

As stated above only some 70% of qualifying waterways and lakes are ,on average, covered by the "Queens Chain" . and while we expect that the remaining 30% will eventually be included it would be naïve to expect this to be completed in the short term , but a start needs to be made now and outdoor recreationalists need to be assured that the political will remains to effect this as confirmation of past political promises.

For the present by far the most pressing issue is the current inability of the public to readily identify the position of existing "Queens Chain" provisions.

It is virtually impossible for a member of the public to identify with certainty where a "Queens Chain" exists .and this marvelous facility therefore becomes an illusion in practice.

WE suggest this uncertainty is a constant issue of concern for recreationalists and has the potential for constant conflict with landowners.

Serious recreationalists want only access where it is legal and doesn’t impose on private property rights. We have no interest or right to wander over private property and we can assure landowners we do respect their private property rights. We are asking Parliament to clarify our own rights so that these areas of potential conflict can be removed.

We suggest a way forward through this issue is a Ministerial directive to Land Information N.Z. that it publish all future 1:50000 maps with the "Queens Chain" shown graphically in position , and that Internet access is also provided to give this same information.

The current practice of using notations only on some maps that "Queens Chain" provisions may apply is quite inadequate, lacks certainty and clarity and to all intents, and our purposes, is useless.

It is our experience that the public generally takes the existence of the "Queens Chain " for granted without knowing of its limitations or the threats which are constantly raised against its existence . Unfortunately it will only be apparent what a great asset it is to all New Zealanders when it becomes terminally eroded by the demands of the developers, and the lack of application by those departments of state who have the responsibility to protect and develop it.

The "Queens Chain" allows access by all New Zealanders to waterways and lakes and the sea shore. To bush and forest , high country streams and mountain ranges. It is worth protecting for this and all future generations and our politicians let us down badly when they make promises on this issue which they show no intention of keeping.

Non governmental organisations such as Public Access N.Z.Inc , and the Council of Outdoor Recreation Associations Inc have performed a Herculean task in opposing challenges to the integrity of the "Queens Chain" concept and it is a matter of profound shame that they have needed to undertake this work in the absence of any significant contribution from Parliament or individual politicians.

All outdoor recreationalists will expect a much better performance from the current crop of political hopefuls than we have experienced in the immediate past.

 
Alan McMillan,
President,
New Zealand Federation of Freshwater Anglers Inc,