sec.49Criteria for deciding whether access is reasonable

### sec.49 Criteria for deciding whether access is reasonable This section provides for matters to be considered in deciding whether— it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or an owner or occupier of access land has unreasonably refused to make an access agreement. The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road. After subsection (2) has been satisfied, the following must be considered— the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it; how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights. In this section— formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles. (sec.49-ssec.1) This section provides for matters to be considered in deciding whether— it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or an owner or occupier of access land has unreasonably refused to make an access agreement. (sec.49-ssec.2) The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road. (sec.49-ssec.3) After subsection (2) has been satisfied, the following must be considered— the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it; how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights. (sec.49-ssec.4) In this section— formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles. - (a) it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or - (b) it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or - (c) an owner or occupier of access land has unreasonably refused to make an access agreement. - (a) the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it; - (b) how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.