Horse access in New Zealand: the dramatic sequel

Roadside or lawn – that is the question.

An interesting reply to my blog on “Who speaks for the New Zealand Equus caballus community?” has prompted me to saddle upwardly together with caput off to discovery out precisely what our lawmakers rate most roads together with horses.

In the end, I’m sitting hither petty the wiser. Why? Because I squall upwardly the regulations that comprehend the exercise of roads together with route margins yesteryear riders is unclear.

On that footing alone, the petition has much merit, only earlier I explicate my confusion, I desire to brand a distich of points.

Every 3 years or so nosotros elect a grouping of politicians to prepare our country’s laws, nether which regulations are also routinely produced.

Most of us convey petty demand to caput off together with banking concern check these acts together with regulations – most of us convey a broad grasp of “the law” together with practice our best to abide yesteryear it.

Just equally at that spot are books that are good written together with those that are poorly written, legislation is much the same.

Good legislation together with regulations are clearly worded, good structured, together with really precise inwards their meaning.

We accuse our politicians amongst the project of getting this materials right.

Proposed laws instruct debated yesteryear politicians to ensure that the intent of the legislation is clear together with that at that spot tin move go no room for confusion.

Unfortunately, sometimes, due to haste, together with at other times due to omissions, legislation is passed where the important together with intent is non alone clear.

It is so upwardly to the courts to decide what our politicians truly meant when they passed the law.

A poorly written police trace tin move go out parties tied upwardly inwards costly courtroom activity trying to function out what item pieces of legislation truly mean.

Let us right away caput off to the Land Transport (Road User) Rule 2004, the March 25 reprint. This deals amongst a whole bunch of road-user stuff, only we’re taking a await at “Road users amongst animals”.

It says, amid other things: “A passenger of an animate existence on a route must, when a reasonably adequate route margin is available, maintain the animate existence on the route margin equally far equally practicable.”

It continues: “A passenger of an animate existence must, when travelling on a roadway, maintain the animate existence equally unopen equally practicable to the rider’s left of the roadway.”

As good equally banning riding to a greater extent than than 2 abreast, it states: “A passenger of an animate existence must non ride along a footpath, or on whatever lawn, garden, or other tillage following to or forming purpose of a road.”

Such acts together with regulations follow a similar format, together with close the initiatory of all of the dominion at that spot is a department called “Interpretation”. This is where price used inwards the human activity or rules are defined, so at that spot tin move go no confusion.

In this case, nosotros convey adept definitions provided for 2 fundamental terms:

Roadway: That percentage of the route used or reasonably usable for the fourth dimension existence for vehicular traffic inwards general.

Road margin: Includes whatever uncultivated margin of a route following to only non forming purpose of either the roadway or the footpath.

So, nosotros know that riders are encouraged, where practicable, to remain to the route margin. If it is non practical, they tin move exercise the roadway (as defined) only must maintain left, equally every other route user is required to do.

Riders must maintain off footpaths, likewise – a similar requirement imposed on cyclists, drivers together with motorcyclists.

But I convey a existent consequence amongst what the regulations hateful yesteryear “uncultivated margin” together with truly come upwardly unstuck where it states “A passenger of an animate existence must non ride along a footpath, or on whatever lawn, garden, or other tillage following to or forming purpose of a road.”

It is clear you lot are encouraged to go on the route margin, only what precisely constitutes a “lawn” or “other cultivation”?

There is petty confusion over what constitutes a garden, only I could easily imagine lawyers disceptation inwards courtroom over what constitutes a “lawn” or a “cultivated area”.

A gauge may caput for a lexicon to obtain a definition. My Shorter Oxford Dictionary describes ‘lawn’ thus: “A percentage of garden etc covered amongst grass, which is kept closely mown.”

The rules supply no specific Definition for “lawn” or “cultivated area”, equally they practice for “roadway” together with “road margin”.

I alive inwards North Canterbury inwards a repose rural expanse used extensively yesteryear Equus caballus riders, cyclists together with runners. The route margins are twice equally broad equally the gravel road.

I mow a 400 metre strip of route margin that is most 10 metres wides to maintain it tidy. It is grassed, only I would never inwards a meg years telephone telephone it a lawn. I never grab the grass.

The expanse around my identify has much finer species of grasses. I mow this together with grab the grass. It’s a lawn.

My neighbours also mow their roadsides and, for all I know, they may see it “a lawn”.

In built-up areas, where a narrow strip of grass following to the footpath is neatly manicured, I mightiness see it a lawn, too, only non inwards the country.

I squall upwardly the dominion equally it applies to Equus caballus riders is poorly worded. It is poorly written, yesteryear virtue of the fact you lot could debate for an hr over precisely what it way together with where a Equus caballus together with passenger could go.

On that footing alone, the rights of Equus caballus riders to go on the route margins demand to go spelt out far to a greater extent than clearly.

It is to go hoped the petition ultimately achieves that.

 

 

 

 

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