PUBLIC ACCESS LOSES A CHAMPION
Alan McMillan, a long serving PANZ Chairman, passed away in Dunedin on 21 January 2016 . Alan was a hard working, determined and unflappable man with a wry sense of humour that was rarely far from the surface in any conversation. He achieved more than most in working for public access through a mixture of forthright advocacy, quiet diplomacy and relationship building. He was not one to shy away from an argument, but saw value in working with others. His contribution to enhancement of public access was recognised by the Walking Access Commission as an inaugural recipient of their Walking Access Champions Award. It was well deserved. His efforts didn’t let up with the various health challenges he faced latterly, in fact quite the reverse. PANZ trustees and those who have worked with him greatly appreciated his hard work, his dedication, his sense of humour and his wisdom. We are going to miss him.
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Otago Daily Times obituary 20 February 2016
THE MEAD ROAD SAGA
Published by Otago Daily Times 4 June 2015
EXCLUSIVE CAPTURE AGAIN CHALLENGES PUBLIC EXPECTATION.
Exclusive capture of any highly valued natural feature in our Country by commercial or personal interests is now an insidious, widespread and growing practice. An easy way to make money ,or capital gain, by using a public asset for free.
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EXCLUSIVE CAPTURE is generally enabled by control of access and accompanied with a demand by way of rent, lease or other charge, or favoured access extended to associates
This is a throw back to the early English attitudes of the landed gentry and their treatment of the peasantry.
PANZ says we don’t need this in New Zealand and believe any one who so indulges is demeaned by their actions ..
For the uninformed, Mead Road exits the highway between Hawea and Makarora at THE NECK It courses along the western edge of Lake Hawea to Kidds Bush and beyond where it becomes Hunter Valley Station Road for many more miles up the Hunter River V alley
Unfortunately for the outdoor recreation folks when the lease for Hunter Valley Station was last negotiated a short section of Mead Road ( some 2 kilometers more or less ), from where it exits the highway was included in the lease of the property and access over it is therefore legally controlled by the leaseholder
Unpalatable as that may be, the lease holder has legal rights (but arguably not a moral right) to close off access if he so wished and that is what he has now done.
By this act the leaseholder is denying the general public and the Department of Conservation vehicle access up this road to the outstanding picnic and camping conservation reserve at Kidds Bush and even more alarmingly his action has also had the effect of denying vehicle access to the existing public road that continues to the upper Hunter River Valley
This is surely intolerable and the general public has every reason to expect the faults and omissions of the early negotiators be rectified at an early date .. ..
Our organization, Public Access NZ Inc, (PANZ), ., has offered two solutions which could have immediate effect in favour of the public, at little or no expense to the leaseholder, (and we note that Land Information NZ ( LINZ) has previously offered to meet any transfer costs involved )
( 1 ) We suggest the Queenstown Lakes District Council ( QLDC) apply the doctrine of “ Implied Dedication.” This can apply when a road or track has been used by the public for an extended period of time without significant interruption,-- and when that road/track has been maintained by the Council with the use of public funds .
Both of these points appear to apply here .
( 2 ) We suggest the QLDC refer to a current law which has its genesis as far back as 1886 ,when section 245 of the Counties Amendment Act was enacted ..Section 245 was carried forward, unaltered, in subsequent legislation until the passing of the Local Government Amendment Act of `1978 at which point all such roads then existing were deemed to be public roads.
The wording of section 245 of the 1886 Act is very significant when it states “all lines of roads or tracks passing through or over Crown lands or native lands and generally used without obstruction as roads shall for the purposes of this section be deemed to be public roads under the control of the County Council in whose district they may be situated. Not withstanding that such roads have not been surveyed, laid off, or dedicated in any specific manner to public use “
That was the law in 1886 and it remains unaltered today.
WE believe both of these suggestions are legally sound but we understand the QLDC has decided not to pursue either at this point .
Fortunately there are other potential remedies.
The Public Works Act may be used to take over the short section of road involved. and there is also clear provision in the Land Act 1948 section 117 which provides for the Governor General to take by proclamation – “ and resume possession of the whole or any portion of any land held under lease or licence if in his opinion the land is required for a road or street or any public purpose, etc, etc, etc. “.
The QLDC now has all the legal assistance it requires to take positive action in favour of the public in this issue and the sooner it acts the better. Placing a charge or an obstruction on public access to valuable natural features where the public currently enjoys those features for free is unacceptable.
Alan McMillan
Chairman, Board of Trustees
Public Access New Zealand Inc .
Auckland Transport publish 'Management of Unformed Legal Roads'
Auckland Transport, as the road management arm of Auckland Council, has published a practical document outlining the responsibilities of adjoining land owners, users and Council when dealing with unformed legal roads (ULR). Compiled in consultation with the Walking Access Commission and several user groups, the PDF download 'Management of Unformed Legal Roads' could be useful to the general public and other local bodies.
Tenure Review of the Poplars Station in the Lewis Pass identifies ULR's
After various submissions by PANZ etc., all the ULR’s bisecting the Poplars Station have now all been properly surveyed and pegged, giving the public their rightful access to this outstanding landscape, fishing, hunting, horse riding etc. All the Section 24 Marginal Strips have also been marked on the new title documents as well.
The public now has direct access from State Highway 7 to the Hope Riverbed by the cattle yards; this access did not exist before Tenure Review.
Dunedin City Council to re-open a ULR in the Warrington/ Blueskin Bay area.
Following PANZ submission and support for the local ratepayers group, the previous obstructive roading issues in the Warrington/Blueskin Bay area have been resolved, with the Dunedin City Council (DCC) deciding to accept, after taking legal advice, that the track/road should be reopened.as its closure in 2008 was illegal.
PANZ submitted that the two large rocks obstructing the road should be removed immediately, that their placement was illegal, that the correct process for excluding vehicle traffic had not been followed in 2008 and that claims of safety issues had not been proven.
In all matters raised, PANZ submissions have been proved correct and we are pleased that what appears to be a new approach by the DCC, has resulted in protection of a much valued accessway to the beach.
This decision follows a previous DCC decision to protect public access in the Corstorphine "Great Wall " matter and PANZ thanks the DCC for recognising the value of these public access assets
Alan McMillan,
Chairman,
Board of Trustees
Public Access New Zealand Inc
Synlait Farms to work with Walking Access Commission
PANZ continues to promote, to the Overseas Investment Office (OIO), the need for access through farms sold to overseas interests.and are delighted that the OIO has imposed conditions to provide public access,acceptable to the Walking Access Commission, on the purchase by overseas investors of SYNLAIT Farms.
Synlait have been required to work with the Walking Access Commission to identify public access routes, as reported earlier this year in the NZ Farmer Weekly article attached below.
4WD and Mountainbike access trial on Molesworth
Public Access New Zealand Inc. (PANZ) welcome the initiative of the Department of Conservation (DoC) in making more access available to vehicles on the iconic Molesworth conservation reserve. Over recent years, PANZ have been strongly encouraging DoC to review their previously restrictive policies for recreational access to Molesworth.
Please note these new arrangements are for a specified short period and for a trial period and all parties will need to take particular care when using this route so that we can eventually press for less restrictive conditions.
Clare Moore, the Partnerships Ranger for the Marlborough District Office said, “We have opened up a track between Sedgemere and the Severn, along the Alma River, for a trial period of 5 January to 28 February 2014. The road is open from 7am to 7pm (the same as the Acheron Rd).
This is suitable for high-clearance 4WD vehicles and mountain bikes, and can be driven without a permit during the above dates. There are several river crossings so please don’t attempt the track in heavy rain or flooding. It is about 24km from the Severn turnoff to Sedgemere Sleepout.
As with the rest of Molesworth, no dogs and no fires please. There is no camping along the Severn-Sedgemere track – camping is at the Cobb Cottage, Sedgemere Sleepout and Acheron Accommodation House. Please keep to the marked track (marked with orange triangles) – please keep away from farm operational areas at Tarndale and Red Gate.”
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