What forms of legal access across private land are available?

There is no general right of public access across private land. Owners of private land have the right of exclusive occupation and enjoyment of that land. This right is enforceable under the provisions of the Trespass Act 1980.

Particular rights of access across private land can be provided by:

  • easements over private land forming part of Walkways under the Walking Access Act 2008;
  • other easements or rights of way providing for public access;
  • esplanade strips; and
  • access strips.

Landholders may provide access over private land by agreement. This could include informal or formal arrangements with individuals or groups or a sign inviting the public to use a track or route across the land.

Page last updated: Nov 16, 2018, 3:55 PM