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High Court: Farmers' choice to allow hunting and fishing on land

Farmers have the right to keep fisherman and hunters off their land following a High Court decision on the issue.

Fish & Game New Zealand had taken a case to court against the Attorney General over Crown lands and the trustees of the High Country Accord Trust so the court could clarify public access issues to high country farm land for hunting and fishing.

Fish & Game wanted greater public access over high country stations, which were granted under the Land Act 1948.

However, Justice Simon France says in his judgment that he does not believe that the leases allow for public access to these properties.

“A lessee under a pastoral lease issued pursuant to the Land Act 1948 does acquire exclusive possession,” he says.

Donald Aubrey, Federated Farmers High Country chairman says: “This decision brings relief for affected High Country farming families, as they now know Fish & Game members won’t be entitled to walk all over them.”

“The High Court’s decision affirms the right of leaseholders to have consent over what people do on pastoral leasehold land. High Country pastoral leases impose strict conditions on us as farmers. The judgment acknowledges that leaseholders are responsible for much more than just grass,” he adds.

More by Lucy Craymer

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Comments and questions
3

Maybe if you take a case of beer to the farmer instead of a legal case, you will get a better result. Why does everyone need the courts these days- bullies

Good idea K1-not that we actually want the beer. We have allowed hundreds of hunters over nearly 35 years to go through our farm to do their thing. Most are no problem and they return time and again. Some,with filthy vehicles,similar mouths and dress,accompanied by violent looking and sounding dogs become abbusive on refusal and make all sorts of threats. We have had stock slaughtered,fences cut,strange phone calls,etc., etc.,It is pointless going to the local hunters' club to seek help regarding their members' behaviours because ,for example,one local Club President-several years back, was the main poacher in the district and was even interviewed about trying to blow up our tractor by crossing wires. A local President's parent says their son has no option but to poach as farmers are all selfish ------ who refuse access for no good reason.The fact that no dogs are allowed in this Reserve is of no interest to some of these feral people. We have NEVER refused a decent civil approach from a hunter for access. Come and speak to the owners,identiy yourself and your objectives and attitude and see how you go.But those clubs need a good clean out and some behavoural rules-they seem to be a cover ,in some individuals cases at least,and an attempt at an image of responsibility.When hunters behave badly they just make things difficult for the majority of fellow hunters who are generally no problem at all. So club members-stand up at your meetings and say you want responsible hunters belonging and clean out your ratbags who are making a bad name for you all. Good luck!!

Well written Mary
I'm a fisherman not a hunter but nevertheless keen to maintain access across private land where possible. I recognise this is a privilege not a right. It costs a person nothing to be polite and friendly, something the 'ratbags' of this world will never learn.

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