Table of Contents

Terms of reference
Participants
Executive Summary

1. INTRODUCTION
THE REFERENCE
WIDER CONCEPT OF "NEIGHBOUR"
CONSULTATION AND SUBMISSIONS
ISSUES COVERED IN THIS REPORT
NON-COURT BASED AND COURT BASED RESOLUTION OF ACCESS DISPUTES
OUTLINE OF THIS REPORT

2. THE CURRENT LAW GOVERNING ACCESS TO NEIGHBOURING LAND
INTRODUCTION
TRESPASS
Civil
Criminal
EASEMENTS AND LICENCES
Express rights
Implied rights
STATUTORY RIGHTS OF ACCESS
A CHANGE OF DIRECTION

3. PARTICULAR ISSUES CONCERNING UTILITY SERVICES
GENERAL
LIABILITY FOR COSTS
Role of the Water Board
Existing guidelines for apportioning costs
PROPOSALS FOR REFORM RAISED BY DP 22
RECOMMENDATIONS

4. RIGHTS OF ACCESS TO NEIGHBOURING LAND IN OTHER JURISDICTIONS
NATURE OF REFORM IN OTHER JURISDICTIONS
Class of applicant and respondent
Type of work authorised by the order
Discretionary scheme
Compensation
Jurisdiction
OTHER TYPES OF REFORM
SUMMARY

5. RECOMMENDATIONS AND PROPOSALS FOR REFORM
CONCLUSIONS

APPENDIX A: ACCESS TO NEIGHBOURING LAND BILL 1994
APPENDIX B: SUBMISSIONS