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The Tongariro Whanganui Taranaki Conservation Management Strategy Review (CMS) process will be starting in late 2011 - early 2012. There will be several opportunities for you to get involved in the CMS process and we welcome your contributions.

 http://www.doc.govt.nz/getting-involved/consultations/current/tongariro-whanganui-taranaki-cms-consultation/get-involved/

Should you wish to be involved in the Tongariro Whanganui Taranaki CMS process, please email twtcms@doc.govt.nz and include your:

• Name
• Address
• Contact phone number
• and reference Tongariro Whanganui Taranaki CMS Review in the subject of the email

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In a letter to the Court on 31 October, the legal team representing Auckland Council have requested that the Court halt proceedings, as they wish to abandon the proposed road stopping. A final formal meditation session was set down for 9 November. The Higham's are offering to put gates in any fences crossing the legal road, but there is no mention of the buildings that sit on the legal road in the area of the beachfront.

The letter is attached

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Vehicle access to Wellington's south coast could be stopped if trail bike and four-wheel-drive owners keep going off tracks and seriously damaging the unique and fragile environment.
More damage was done over Labour weekend but the off-road mayhem is an ongoing problem.
Wellington City Council's Natural Environment Portfolio Leader Councillor Helene Ritchie says the Council and landowners are upset at the stupid and dangerous antics of some 4WD drivers and trail bike riders using the coastal track between Owhiro Bay, Red Rocks/Pariwhero and Karori Stream.
"Some locals and walkers are calling for the road to be shut to vehicular traffic except for bach owners and special events," she says. "At this time, we don't want the irresponsible minority ruining it for the majority but if behaviour does not improve, the Council will look to further restrict vehicle access or stop it completely."
Vehicles are allowed through the gate at Owhiro Bay every day except Sunday - to allow walkers one day of unhindered access. The Council, bach and land-owners, the police and the Cross Country Vehicle Club have been working together for years to educate drivers on how to respect the South Coast environment.
But increasing activity by some vehicle users is destroying some coastal washout areas on private land past Pariwhero/Red Rocks. The coastal environment is harsh and plants take a long time to grow, and longer to recover. The area is also an important home for native lizards and birds, as well as seals, and rare insects including the spear grass weevil and the geometrid moth.
"This is a fragile coast, not a 4WD playground," she says. "Once one vehicle goes off the formed track, others tend to follow their wheel marks. Once you've had five vehicles over something, the damage is very difficult to make good. As well as the damage to plant and animal habitats, huge tyre tracks make it look vandalised."
Local landowners are also upset at people illegally accessing their properties from the coastal track. Private property signs have been shot at and driven over.
"Like us, they value the coast and its unique environment and are upset at the environmental damage," Cr Ritchie says.

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Quoted from Yahoo-xtra news and confirmed by Phil Heatley MP at the NZFWDA conference

Associate Local Government Minister John Carter said today the seaward boundaries of 23 territorial authorities had been "standardised" to the low tide mark -- officially known as the "mean low water springs" -- so that all 53 coastal councils have the same boundaries at the foreshore.

"The key benefit... is that it will allow all territorial authorities to locally regulate public nuisances and safety issues on beaches where issues arise," he said in a statement.

Until now, only 30 authorities had jurisdiction to the low tide mark, and the remaining 23 had jurisdiction to the mean high water springs -- leaving those councils with no right to regulate activities on the full beach area.

Mr Carter said it would now be up to those councils to manage issues such as the use of vehicles on beaches.

"It will allow local control where there is a community preference for such measures, and answers the demand from many coastal residents and beach users for safer beaches," he said.

In some regions -- such as parts of Northland where beaches are treated as legal roads with 100kmh speed limits, causing environmental and safety concerns -- district councils have suggested expanding their boundaries from the high tide mark to the low tide mark, allowing them to then transfer their bylaw-making powers to the regional council.

The issue was highlighted on New Year's Eve 2007, when Daisy Fernandez, 13, was struck and killed by a motorbike on Ripiro Beach near Dargaville on New Year's Eve 2007.

Far North District Council Mayor Wayne Brown has previously argued his council is not the right agency to impose speed restrictions on beaches.

"Beaches are owned by the Crown, and the Government needs to take the lead in progressing this issue. That doesn't mean fobbing it off on district councils, which already have enough to do."

He was not available for comment today but a council spokesman said extension of jurisdiction would mean the council's ability to control vehicles in reserve areas, including a speed limit of 15kmh, could be applied to beaches if necessary.

"The council will now need to consider whether, in fact, it wishes to enforce the bylaws related to reserves where the reserve area is a beach...whether the speed limit under the bylaws needs to be changed, or whether it may wish to delegate some or all enforcement responsibilities to the regional council."

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As a part of that  working with the NZFWDA, a presentation was made at theNZFWDA conference by Piet Nieuwland from DoC Northland. He emphasised the need to get involved in the process during the month of July while DoC are in a consulting mode.  Following that will be the drafting stage of the CMS with an eventual release to the public for formal submissions.  The next few weeks are critical for input as it is much harder to add things later, to any draft that DoC may create.

www.doc.govt.nz/by-region/northland/getting-involved/consultations/current/

There is still time to add your voice to guide DOC management of places in Northland. From a 4x4 perspective give your views on the Pouto area for example...

 http://www.doc.govt.nz/getting-involved/consultations/current/northland-cms-consultation/get-involved/share-your-views/places-survey/

You must act quickly now as the consultation is about to end.

They are also consulting the public about a proposal for a Kauri National Park.

While DoC would like the public to use their predefined questions about 'Places', that is simply to make life easy for them.  There is nothing to stop anyone writing specific objectives to include in a CMS. Don't forget to remind DoC that a maintained 4x4 route provides benefits to more than just our recreation! It may be that the concept of 'adopt a track' or similar could encourage DoC to allow access to locations that they could not otherwise afford to maintain.

It is not only the specific locations that need identifying, it is the principle of allowing motorised recreation on public land that should be emphasised. Vehicle use is usually covered in a CMS by a 'policy' statement aligned to the  'General Policy".

http://www.doc.govt.nz/publications/about-doc/role/policies-and-plans/conservation-general-policy/

The important thing is to have your say, otherwise the opportunity will be lost for another 10 years! GET INVOLVED

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The Waikato CMS review isunderway .  Although consultation was listed as ending at the start of July 2011, there is still a survey being promoted on the DOC website www.doc.govt.nz/getting-involved/consultations/current/waikato-cms-consultation/get-involved/share-your-views/key-places-survey/

Check it out and add your places of interest before 17 July 2011.

We are seeking your views about what places in the Waikato are important and what you might want these places to be like in 10 years time.  You can find out more about the Waikato CMS Review, and those places we have already heard are important, on our website www.doc.govt.nz/waikatocms. Y ou may have previously provided feedback on the Waikato Conservation Management Strategy CMS review. This information will be invaluable in the new review process.

This is another opportunity to get involved in the Waikato CMS review and we  welcome your contributions.

For the information about the CMS process check  www.doc.govt.nz/getting-involved/consultations/current/waikato-cms-consultation/ 

If you wish to get updates on the Waikato CMS by email, send an email to waikatocms@doc.govt.nz with the words  'Subscribe Waikato CMS Review ' in the subject line and your name and contact details in the email message.

We would like to offer you the opportunity to attend a meeting about the CMS in June, either in Hamilton, Te Kuiti or Thames.  Please advise us by 23 May if you would like to attend a meeting and we will be in touch with more details shortly.  You can contact us by phone on (07) 858 1000 or email on waikatocms@doc.govt.nz.

 You can also share your views with us by:

• Completing the Waikato CMS places survey at www.doc.govt.nz/waikatocms
• Undertaking our NZ wide ‘Quintessentially Kiwi’ survey at www.doc.govt.nz/cms
• Visiting us at site M4 at the National Fieldays 15-18 June at Mystery Creek.

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http://www.nzta.govt.nz/resources/what-is-a-road/what-is-a-road.html

If public lands such as the DoC managed estate covering over 1/3 of NZ have the 'road' definition applied to them, then only registered and road legal vehicles are allowed to access those lands! It's an approach that DoC have started to apply and instantly outlaws quads etc from public lands.

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There is a Bill in Parliament concerning a serious unformed legal roads (ULR) issue.

 There are several aspects of the Bill which give concern. A specific bylaw making power to address vehicular use of unformed legal roads has been included in the Land Transport (Road Safety and Other Matters) Amendment Bill (213-2) (14 December 2010) before Parliament as at January 2011

www.parliament.nz/en-NZ/PB/SC/Documents/Reports/9/9/a/49DBSCH_SCR4954_1-Land-Transport-Road-Safety-and-Other-Matters-Amendment.htm

Timing

There is a timing issue: the Bill was reported back from select committee on 14 December 2010 with minimal notification and Ministry of Transport (MoT) say that they expect the Bill to be considered and pass the remaining stages quite soon (Feb/March). If changes are to be made then there is an opportunity when the Bill is considered at the committee stage through a supplementary order paper.   

The issue

This (and the previous government) approved legislation to empower territorial authorities to make bylaws restricting the use of motor vehicles on unformed legal roads for the purposes specified in paragraph (g) in clause 10 (1) of the Bill.  The drafting of that clause correctly reflects that policy.  The paragraphs reflect accurately the government decision and there’s not a major problem with that. The paragraphs make it clear that local authorities can restrict access on ULR for environmental and safety reasons.

Concerns

There are, however, some concerns about the way the decision is given effect to in the Bill:

·         Paragraph (zk) of clause 10 provides for a very generalised bylaw making power which, as drafted, could be argued to extend the bylaw making power in respect of unformed legal roads  beyond that intended by government policy.  For example, a local authority could restrict all use of ULR in its area by means of a bylaw. It was definitely not the policy to extend the powers of territorial authorities to restrict pedestrian, cycle or horseback use of unformed legal roads beyond the restrictions currently provided for in the Local Government Act 1974.

·         It is possible that the wording of s 22AB (2) (a) and (b) of the Land Transport Act 1998 “to all roads” and “to all vehicles” in each of these provisions arguably extend the scope of the bylaws that may be made under paragraph (g) in a way that was never intended or anticipated. The intention is that the purpose of these bylaws should be addressed in respect of a particular unformed legal road, not to the set of roads that come within the jurisdiction of a territorial authority. A bylaw of this scope to control unformed legal roads in this way was never contemplated.

A concern is that the purpose and intent of the originally agreed change (para (g) is potentially undermined in two ways:

• By the potential for the power to apply to all or any set of ULR in a council area rather than a particular set of named or specified roads (as is presently required); and

·         The “catch-all” nature of paragraph (zk)  of clause 10 risks extending the potential to make bylaws in respect of unformed legal roads that could restrict their public use more than was intended by the approved policies.

In essence, the issue is the potential for the “law of unintended consequences” to arise due to the relationship between paragraph (g) in clause 10 (1) and general power in paragraph (zk).  

The Minister of Transport can disallow bylaws that are considered to be “onerous”.

Solutions

There are possible solutions which retain the intent of paragraph (g) in clause 10 (1) while constraining any broad application of paragraph (zk)  of clause 10. For example:

-          Add a proviso to paragraph (g) in clause 10 (1) that any or part of any ULR contained in such a bylaw must be named specifically together with the reasons and time of restriction;

-          Add a proviso to paragraph (zk)  of clause 10 to the effect that no bylaw may hinder the right of the public to pass and repass on foot on any ULR and that any or part of any ULR contained in such a bylaw must be named specifically together with the reasons and time of restriction.

The wording of these changes would require fine-tuning.

There is also a recommendation made " that road controlling authorities should be able in certain circumstances (such as declaring part of a road as a bus lane) to use a council resolution, instead of having to amend a bylaw, a process requiring a special consultative process"

There is considerable potential for abuse of that process with the public losing an opportunity for involvement in the decision.

At this stage only writing to the Minister of Transport along the lines described above can possibly change this dubious law change.

 Contact details

Hon Steven Joyce

Minister of Transport

Parliament Office
Private Bag 18888
Parliament Buildings
Wellington 6160

Email contact s.joyce@ministers.govt.nz

Phone: (04)817 6813 Fax: (04)817 6513

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Access to Rangitaiki conservation area through the East Taupo Land Trust land is being reviewed because environmental damage being done to both the trust and public land by trail bike and off-road activity.

The Rangitaiki Conservation Area is 40km east from Taupo Township on SH5 and is a popular spot for off-road enthusiasts.

It is also the last remaining large monoao frost flat in the North Island. To date the East Taupo Lands Trust has allowed free public access to Rangitaiki Conservation area through its lands. In recent years motorbikes and all terrain vehicles have consistently been ridden off-road through this area and the damage being done has the private land-owners taking another look at what can be done.

"The trustees have previously allowed public access through their land but with recent events they are rethinking this issue," said Tom Walters, a trustee of the East Taupo Lands Trust.

Department of Conservation  area manager Dave Lumley said, "The department is appreciative of the trust’s support to allow public access through its land but shares the concern about environmental impact occurring on  the land and adjoining public conservation land, The department and the trust are working to overcome this issue."

At present there is one legal access point off State Highway 5, about 2.5km east of the Rangitaiki Tavern. This access  road passes through the private land administered by the East Taupo Lands Trust before arriving at the Rangitaiki Conservation Area.

Motorbikes, quads and 4WD vehicles are not permitted to be taken off road within either the trust land or the Rangitaiki Conservation Area. For access areas see www.doc.govt.nz and search for Rangitaiki, East Taupo Lands. Trust land can be identified at www.easttaupolands.co.nz

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Public submissions are being invited on this bill. The closing date for submissions is Friday,
19 November 2010.
The committee intends to travel widely to hear submissions on the bill, to locations including
Invercargill, Christchurch, Blenheim, Wellington, Bay of Plenty, Hamilton, Auckland and
Whangarei. “This is an issue that a lot of New Zealanders feel strongly about. We want to
hear from all people who have an interest in the foreshore and seabed of New Zealand” said
Hon Tau Henare, Chairperson of the Māori Affairs Select Committee.
The bill aims to reform the law relating to ownership of the foreshore and seabed following a
review of the Foreshore and Seabed Act 2004 which was completed in June 2009. The bill
defines a “common marine and coastal area” which means the marine and coastal area other
than specified freehold land (land already in private ownership) and conservation areas and
reserves and "the bed of Te Whaanga Lagoon in the Chatham Islands" and provides that
"neither the Crown nor any other person owns, or is capable of owning, the common marine
and coastal area”. The bill aims to give legal recognition, protection and expression to the
customary interests of Māori over the common marine and coastal area. The bill details
various public rights and powers over this area, such as public rights of access, navigation and
fishing.
A copy of the bill can be purchased at any Bennetts Government Bookshop or viewed online
at www.legislation.govt.nz
Submissions should be forwarded by the due date, either online using our website
(www.parliament.nz) or in writing to the address below. If a submitter wishes to appear
before the committee, they need to state this clearly and provide a name, daytime phone
number and email address. Submissions generally become public and are published on our
website. For further guidance on making a submission, read our publication Making a
submission to a Parliamentary Select Committee on our website or contact us at
 04 817 9520.

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"National's Marine and Coastal Area Bill will repeal Crown ownership of New Zealand's foreshore and seabed and replace it with a regime that will allow Maori only ownership and control.

Repealing Crown ownership is crucial if they are to achieve their goal.

I hope this briefing paper will assist you in better understanding the significance of this bill to the future direction and well being of New Zealand."

Download the PDF briefing paper below.

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Farmers fear trouble over access plans

By Neal Wallace

Created 14/06/2010 - 05:01

 Farmers are not convinced the Government's latest public walking access proposals will be as trouble-free as officials portray.

 A presentation by Walking Access Commission chief executive Mark Neeson at last Friday's Federated Farmers high country committee annual conference at Mt Cook left many farmers aghast.

 High Country Accord chairman Jonathan Wallis represented the view of many at the meeting when he said the commission was essentially going to go ahead with its access plans, leaving someone else to address problems as they arose. "You [the Government] are going to create an issue but not address it, because that is up to district and regional councils," the Wanaka farmer said.

 Of most concern to farmers was the commission's public promotion of an estimated 56,000km of paper roads - legally designated but unformed - which, because they have never been used or not used for decades, have merged into the landscape.

 In some cases, fences and buildings have been constructed over them. Because the public had right of access to paper roads, the commission would publicise where those roads were.

 Asked how disputed access to paper roads would be resolved, Mr Neeson said that was up to local councils which had legal jurisdiction.

 Mr Neeson said his department had been working with Federated Farmers on the project. He denied he was being irresponsible, saying the commission was launching a code of conduct later this month on how the public was expected to behave on private land.

 "We don't emphasis people's rights as much as we do their responsibilities," he said. It was a project that would evolve.

 The imminent release of information on where the public can walk comes after seven years of debate.

 Mr Neeson said the aim was to create access for walkers based on trust, independence and being responsible.  Most of the information was already available and the commission was simply collating it and releasing it to the public.

 Access over private land would only be with the permission of the landowner, he said.

 By the end of the year, the commission hoped to have maps of approved walking tracks and paper roads on its website, a point which angered farmers.

 Molesworth Station manager Jim Ward said he had had people turn up on his farm using GPS systems, but inaccurate technology meant they were several hundred metres from a legal road.

Accord lawyer Kit Mouat asked how the commission would ensure walkers did not stray from a paper road which went through a swamp or other impassable natural areas.

Mr Neeson said that was why the commission was releasing the code of conduct early, and just because there was a fence or building on the paper road, it did not mean a walker could interfere with the structure. "We don't want people with a laptop and a cadastral map and away they go," he said.

If landowners wanted a paper road closed, that was an issue to take up with councils, he said.

ODT

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Information and resources (including the Information Guide to the Sports Tribunal and the Rules of the Sports Tribunal) about the Tribunal are available from our website at www.sportstribunal.org.nz. 

 Brent Ellis

Registrar

Sports Tribunal of New Zealand 

ph:  0800 55 66 80

fax:  0800 55 66 81

mobile:  021 228 5742

e-mail:  info@sportstribunal.org.nz

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The NZFWDA annual general meeting voted in favour of aligning with Drug Free Sport NZ with 29 for and 5 against the proposal....

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The Walking Access Commission has signed a contract with Terralink International to map public access - walking and other - across New Zealand. It is a project that will break new ground technically and in its usefulness. The system is planned to be available on the web. Viewers will need to print off the maps/information they require.

An outline of the system can be downloaded 

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