Court to clarify high-country access

A landmark court case based around a Lake Tekapo station, set to take place in Wellington today, is likely to clarify public access to high-country farms.

Fish and Game has filed for a declaratory judgment from the High Court and is seeking a ruling on whether holders of high-country pastoral leases have exclusive possession and the right to control access to their farms.

It is understood that Lands Minister Richard Worth was unimpressed with the notion of two Crown agencies fighting in court. He said he had learned of the case just two days before a meeting with the High Country Accord committee in Queenstown last Friday.

Parties to the case include Land Information New Zealand and Jim Murray, owner of Glenmore Station, on the shores of Lake Tekapo. The High Country Accord is a collective of high-country farmers who are party to the current pastoral lease arrangements.

Spokesman Kit Mouat said evidence will be presented that identifies the need for people to ask before crossing pastoral leaseholders land.

"Fish and Game claim a pastoral lease is not a lease," Mr Mouat said.

Fish and Game chief executive Bryce Johnson said he is feeling confident about proceedings.

Mr Johnson said sports fish, game birds and other wildlife do not attach to a land title.

"So long as they are recreating public acts respectfully and responsibly then Fish and Game's position is that the general public's responsible recreational use of the land ought not to be unreasonably denied.

"The question before the High Court will therefore hang on the precise nature of the lease, and in particular the distinction between a common law lease which carries the right of exclusive possession and a statutory lease which carries only the specific rights explicitly written in the statute governing the land agreement.

"These two statutes do not confer the right of exclusive possession or any similar right."

The case is being heard in the High Court this morning and is expected to wrap up today.

- © Fairfax NZ News