Prosecutions Policy
This is a plain-language version of our prosecution policy. Please contact us for the official version.
This policy covers any prosecutions the commission might bring for offences under sections 54 and 56 of the Outdoor Access Act 2008. Its aim is to make sure people can use walkways freely, within the rules that apply to each one, while also protecting landowners’ interests as set out in those offence provisions.
The commission expects that, in most cases, it will be the walkway’s controlling authority — not the commission — that brings any prosecution.
Section 54 of the Outdoor Access Act
Section 56 of the Outdoor Access Act
Who this applies to
This policy applies when the commission takes direct responsibility for a prosecution. It also gives guidance to controlling authorities on their own prosecutions.
Where relevant, this policy follows the Solicitor-General’s current Prosecution Guidelines and is subject to them.
Solicitor-General’s Prosecution Guidelines
How we approach this
The commission promotes compliance with the Act’s walkway rules by working with controlling authorities to publicise where walkways are, and what the public and landholders are each responsible for.
Wherever possible, we deal with possible offences through mediation with the people involved. We only consider prosecution if mediation does not work, or if it clearly would not be the right approach — for example, if someone has discharged a firearm or lit a significant fire.
Some offences under sections 54 and 56 may also break other laws. When that happens, we’ll talk to the agency responsible for the legislation to determine the best way forward.
How we run a prosecution
Any decision to prosecute is made by our Board, based on a recommendation from our chief executive (or whoever is acting in that role in their absence).
We decide whether to prosecute using the test set out in the Solicitor-General’s Prosecution Guidelines.
Because the commission has limited resources, any prosecution we bring is run by a Crown Solicitor, who we consult before deciding to prosecute.
Appeals
If a prosecution the commission has brought might be appealed, the Board reviews this before we seek any necessary consent from the Attorney-General.