Farmers control access

Fish & Game New Zealand is weighing up whether to appeal against a legal ruling on public access to the South Island high country.

The High Court in Wellington has determined that high-country farmers have exclusive possession of pastoral-lease land, giving them the right to control access a decision welcomed by Marlborough Federated Farmers.

Justice France's judgment was in response to Fish & Game seeking a declaration on whether farmers were only entitled to use the land as pasture, and whether the public had access rights.

Federated Farmers said the court case had soured the relationship between high-country lessees and Fish & Game.

Fish & Game chief executive Bryce Johnson said the council's legal team would consider whether there were grounds for appeal.

Research by Lincoln University tenure review specialist Ann Brower and Australian property law lecturer John Page concluded exclusive possession in high-country pastoral leases had no foundation in law and granted the lessee rights only to pastureland.

However, in his decision, the judge said the lessee farmer was "not just a person authorised to graze, but is required to farm the property, to improve it and to keep it pest-free".

"It is unrealistic to suggest that anything other than legal or exclusive possession is thereby given to the lessee," he said.

Speaking from the United States, Ms Brower said it was an "interesting" judgment, based on an Australian case on legal possession.

"The judge relied on the minority opinion of an Australian High Court split decision."

Federated Farmers high country chairman Donald Aubrey said it was a significant ruling.

"The decision provides high-country farmers, and families, with a greater level of certainty. The High Court judge has said it's not all right for Fish & Game members to walk all over other people's high-country properties."

Federated Farmers Marlborough president Geoff Evans said farmers were delighted about the decision.

"It's great to see justice done; there'll be a lot of happy farmers out there.

"It would have meant unrestricted access for hunters at any time of the year."

He said farmers, like any business owners, needed to be able to manage their place of business for security, and security of people using the property, noting that bulls and poison on a farm could be harmful to people if they weren't aware of them.

"We must have the right to say no, you can't go because you are putting yourself at risk.

"We expect people to ask for access."

Mr Johnson said Fish & Game had sought the declaration to clarify the issue.

"Our lawyers are now analysing it. If we think there are grounds for appeal, we'll have a look at that."

- The Marlborough Express