Queen’s Chain
Historically, the term ‘chain’ has been used to express a unit of measurement in respect of land and distance. Coincidently, the “Queen’s Chain” describes the kilometres of Crown land which exists throughout New Zealand to provide the public with access to coastlines, rivers, lakes and native bush.
In reality, the Queen’s Chain is a term describing what is now generally accepted as the marginal strips of land or esplanade strips, which are normally 20 metres wide and adjoining many lakes, rivers and the foreshore. It can also include land which has been retained by the Crown for conservation purposes. These lands are usually controlled by the Department of Conservation. In some instances, this means there are restrictions on public access. These restrictions are most commonly imposed to protect sensitive areas or endangered animals.
However, there is still a large amount of privately owned land around New Zealand which is not owned by the Crown. The private rights attached to such land are referred to as “riparian rights” and usually extend well into the water, granting unrestricted access to the owner. In any event, whether the land is considered to be part of the “Queen’s Chain” or privately owned, government imposed legislation still applies.
The Queen’s Chain becomes a topic of contention when it comes to public access to waterways and bush and there is often an assumption that the Queen’s Chain applies; when in many cases the adjacent landowner actually holds riparian rights. Archives New Zealand holds records for all Crown land (including land subject to the Queen’s Chain) which can be ordered and/or viewed in person. Information on accessing such records may be at this address: http://archives.govt.nz/research
The Ombudsmen
The Office of the Ombudsman is an independent authority which handles complaints and investigates New Zealand’s government agencies.
Investigations are initiated following receipt of a complaint or on the Offices’ own initiative to address wider administrative issues.
The Office manages complaints from individuals about the decisions and administrative acts of government agencies including district health boards and local government. This includes official information complaints which arise where a request is made to a government agency. This may be to obtain information and the applicant is not happy with the response, or the information is not provided within 20 days.
On receipt of a written complaint, the Office may either resolve it without further investigation or investigate further and form an opinion on whether or not the agency has acted unreasonably. Agencies are not required to implement the Offices’ recommendations; however, usually they are accepted.
The Office also provides guidance and training to agencies before they implement policies to mitigate future complaints against them by the public. Complaints relating to private individuals or decisions by tribunals and courts are amongst some areas that are outside the Offices’ jurisdiction.
The Office may refuse to investigate a complaint if alternative remedies are available, if the complaint is over a year old, if the complainant lacks standing, or if the complaint is made in bad faith.
The Office provides a valuable and vital public service. More information on the Office, its services and how to access them may be found at this address: http://www.ombudsman.parliament.nz
