Public Access New Zealand (PANZ) has launched legal proceedings to improve and protect public access to one of New Zealand’s most iconic landscapes.

Molesworth Recreation Reserve is one of New Zealand’s most spectacular backcountry areas and the iconic Acheron Road which runs through it has been used by the public for over 150 years. But public access to the area is being unlawfully restricted by the Department of Conservation (DOC), which manages the reserve.

PANZ has filed proceedings in the High Court in Wellington to seek declarations confirming the status of the public roads running through Molesworth Recreation Reserve, with the aim of guaranteeing public access.

PANZ spokesperson Stewart Hydes says Molesworth occupies a special place in New Zealand history and must be protected.

“These roads have been used by the public for over 150 years, following routes used by Māori for centuries. They were recognised by public authorities as public roads from the 1850s and served as the main overland route between Nelson and Canterbury – and later Marlborough and Canterbury – until well into the 20th Century.”

“And yet the public is now denied access for most of the year, even though most of the roads are indisputably public roads. That’s not right,” says Hydes.

Almost all of the roading network through the Molesworth Recreation Reserve is recorded as public road in the cadastre – the government’s official record of survey data. Public agencies cannot limit access to public road except in limited circumstances, such as during extreme weather.

But public access to Molesworth Recreation Reserve and Acheron Road is severely restricted for most of the year. And brochures produced by DOC misleadingly omit several public roads.

DOC limits public access because three small areas of road are missing from the cadastre. PANZ says these omissions are clearly a mistake given that these areas of road were previously recognised by government authorities as public road and were never lawfully closed. However, Land Information New Zealand (LINZ), which manages the cadastre, is not willing to correct the mistake.

“LINZ could fix this situation easily by recognising all of Acheron Road as public road. But so far it has chosen not to,” says Hydes.

“The public’s access to our back-country must be protected. PANZ is bringing these proceedings because we want all New Zealanders to have the opportunity to share in this unique landscape and history.”

“The importance of this road was made clear following the Kaikoura earthquake in 2016, when parts of SH1 along the coast were closed. Despite Acheron Road offering a good alternative route, it was shut down by DOC, which meant that all traffic had to use the Lewis Pass route, which quickly became congested.”

“If the Molesworth Roads were confirmed as public road for their full length, travellers would have enhanced access from Canterbury to Nelson and Marlborough all year round.”

There would be widespread benefits to the public if public access were confirmed, says Hydes.

“Whether you’re into tramping, horse-riding or even just want to take your family for a picnic, New Zealanders of all stripes would benefit from enhanced access to Molesworth. The area is just too special to be kept from the public.”

For media inquiries, contact Stewart Hydes at 021 403 927.

About PANZ

PANZ is a public access champion – a charitable trust that advocates for improved public access to public lands and waters, and the retention in public ownership and control of publicly owned lands and waters with recreation or conservation value.

PANZ has previously campaigned to protect Queen’s Chain public access along river banks and lake and sea shores, and advocating for tenure reform and public access in the South Island back-country. PANZ has a particular interest in defending rights of passage along public roads.

PANZ’s interest in this issue reflects its long-running involvement in advocating for public access to the South Island high country. PANZ considers that public access to the Molesworth Roads is both of inherent value to the public and important as part of the preservation of broader public access rights to the outdoors in New Zealand.

About the High Court proceedings

PANZ has filed proceedings in the High Court at Wellington against the Attorney-General in relation to actions of the Chief Executive of Land Information New Zealand (LINZ) and against the Surveyor-General as the statutory office holder with responsibility for the integrity of the cadastre. The cadastre is the government’s official record of survey data.

The claim seeks declarations from the Court that the network of roads crossing the Molesworth Recreation Reserve, including Acheron Road, are road.

PANZ says the Molesworth Roads were dedicated by public authorities as road in the 19th Century and have not been lawfully closed. PANZ also claims that the Molesworth Roads meet the definition for “road” under section 43 of the Government Roading Powers Act 1989 on the basis that they are “Crown land over which road is laid out and marked on the record maps”.

The effect of these declarations would be to ensure public access to the area, as public authorities cannot limit access to public road except in limited circumstances.

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