I heard that the same thing happened here on Tuaropaki (Mokai)
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I heard that the same thing happened here on Tuaropaki (Mokai)
But it’s not a separate issue mate. It’s the other side of the same coin.
Farmers see poachers, trespassers, vandals and thieves getting fuck all comeuppance, so what do you think that does to their attitudes?
We end up in a situation where there is no enforcement of law on either side of the problem, and some individuals decide to mete out their own forms of bush justice.
I have to disagree with the parallel you have drawn here. In the cases I know of it would be more like having a public walkway / cycle lane beside your property, and burglars using it to access your property to steal your stuff, or motorcyclists using it as a skid pad on a Saturday night. But with one difference - you would be responsible for maintenance of the walkway and NOT the council......
Or in your example if it was not a gang next to the reserve, but instead it was your place, and every weekend you had to spend a couple hours mowing the grass there and picking up all the rubbish and carcasses left there...Sure it is council land, but they dont do anything. As I mentioned before, we have a fairly substantial paper road next to us and the neighbouring properties. The developer offered to landscape it into a birdlane / reserve as part of the subdivision, but while the council was not against the idea in principle, the roading division liked it as it meant it was no longer responsible for it (it did no maintenance anyway so it was no skin off their nose), Parks division objected vigourously against it as it would then have to maintain it as a reserve with no additional funding so it was declined and was left as a paper road. Apart from the local farmer mowing it twice a year for hay,that is all. It receives no attention from the council unless it is pointed out that it is becoming a fire risk. The local residents including myself, now mow it themselves just to keep it from becoming a fire risk or source of pestilence and so people can walk it if they desire. To give you and idea, when I first called to enquire about who is responsible for the paper road, the council replied "The land owner whose fence it is inside, is responsible as they get the use of it. But the developer was not ALLOWED to put the fences around the paper road and it is OUTSIDE of our fence. To give you an idea of size, this paper road is 300m long, and for the most part, about 10m wide with a narrow pinch point that is about 3 feet wide not far from the main road where it starts meaning it is a reasonable piece of land to be mowing.......especially when we cannot use it for anything else...Oh and the real kicker....I can build a structure within 2 metres of my boundary EXCEPT from the road frontage which has a 10 metre setback.....and the BACK of my section has the same 10m set back as the paper road counts as "road" in the consents division so if I want to make a garden shed I dont need a building consent due to its small size, but I do need a resource consent because I want to put within 10m of my back fence.....
Are you quite sure that next to your property is a ULR or is it just a parcel of council land designated to roading ? The standard for a road is a minimum 'chain' or 66 feet - 20 metres. Your parcel is only 10 metres tapering to 1 metre so cannot be a road as such only an access right of way or sum such. Fence it off, park Harleys on it and patrol it with gang members and see how much the public use it. Then you can apply to the council to 'take it over' for them
Can you explain the bold bit for me please @BRADS ?
Someone slides off a paper road and dies, they didn't die on your land. They died on a public road (OK, they might end up on your land, having slid off public land...just like 50% of current road accidents)
Someone slides off one of your farm tracks, but wasn't permitted to be there: HSAW Act 2015 does not apply to the incident.
I fully understand farmer's reticence re permitting the public to cross their land, but it boils down to: A paper road is not their land. End of story.
I highly doubt that. HSAW Act specifies that if people are on your land without your authority, culpability does not apply.
But back to the paper road, if a judge is that thick, you simply bring up WAMS, show him the purple bit and say: Its an unformed legal road, not farmland within my title. I am a farmer, not a council and I do not own a road. It simply runs through bits of my farm. Go talk to the council.
Ok. But if I used their tracks (paper road) undetected and finally they caught me, so what I shall be facing? A charge for trespassing?
You are mixing up ownership a bit: Often farm tracks may 'sort of' follow a paper road alignment. Therefore you will be trepassing if you do not rigidly stick to the purple alignment shown on WAMS. Which is what makes using paper roads so difficult. Often the terrain means no vehicle could stick to the true paper road alignment, so each time you wander back onto the bit of the track thats on the farmers land, you are tresspassing. If, however you walk or manage to stick ridgidly to the true paper road alignment, you have remained on public land. It may look like farmland, it may smell like farmland, it may taste like farmland, but the purple bit is public road.
Had a nasty incident happen to me and my buddy and i was shocked at the stupidity of the 'farmers employee'. Im an ex soldier and i really didn't like having some idiot storm up on me with bullshit, bravado and a rifle. The whole situation was reported to the police and bugger all has come of it. This is just lunacy.
Another example of why the law abiding are having less and less respect for the authorities. When an incident such as this is fobbed off.
I had a firearm presented at me when I was standing on a formed public road with cars driving past. Not nice. Police did not act, I know this because the bloke still had firearms two years later. I think we should pursue these cases.
What I have done in the past with other situations is visit the local Court and complain to the Registrar that no action has taken place and ask them what to do. This has produced a result ...
With virtually everyone carrying a cell phone on them, surprised a few pics have not surfaced of such drama? A picture tells a thousand words or something like that..
But please remember a picture often only tells half the story...and usually the other halfs view point instead of yours...I know this from experience. We had security holding down an aggressive assailant waiting for police to arrive yet the news only showed the security restraining him and deliberately did not show the assailant attacking two females waiting to enter (which is WHY he was restrained in the first place...).It went to court and the security were accused of excessive force. When the FULL security video was shown ALL charges were dismissed but there was never any retraction from the media about them "getting the story wrong". Note that the full video is not legally accessible to the public and was never allowed to be shown apart from being used as evidence or Police / internal affairs investigations.
And then the shop video from the Auckland Gun Shop many years ago showing an assailant entering using a knife to take on the shop staff during a burglary in day time if i remember correct - ended up being shot by the owner but survived. Was a drama for the owner though after court to be fair. What i am indicating is that more footage of similar situations will still go a long way in telling the story to assist in court. Who releases the footage to the media or has the rights to release to media is entirely up to you at the time? Just like car dash cam footage - i used in a car accident when hit front on while on a dirt road to go hunting - the other person not knowing i had dash cam - he told a different story and was caught out when the video was presented later on. I won, he lost. Police viewed but i didn't let them copy it.
Getting away from the op but at the start of our road we have a camera's operating sign. All footage we can do what we like with it. Sign had to be back at least a hundred meters from camera's so joe public can turn around if they want with out been on camera.
Also because most of these road camera's are owned privately info can be shared, different story if police paid for cameras
I had replied to a newspaper add with a scope for sale. After phoning and making an appointment 6:30 pm (winter) I drove to the guys address on Mandeville Road in Ohoka. His name was Lyn Knight. The gate at the road edge property boundary was locked so I called out 'Mr Knight' as I could hear voices in a shed. No reply, then quiet footsteps on the gravel. Me " Hey is that Mr Knight - I've come to look at the scope as arranged" Reply " Just as well you spoke I thought you were trying to break in and was just about to give you a barrel " Appears in the gloom with a 12 gauge pointed at my chin. Him " Well now you are here come and have a look at the scope" Me " You know, I dont think that scope is right for me, thanks very much"
Complained to Police and signed a statement etc. then couldnt believe it when I saw him in a gun shop 12 months later buying a firearm - talked to him and he was still actively using firearms - didnt recognise me.
If I owned a farm with a UPR I would have signs up, clearly mark the route and try to work with people to avoid crap. Yes you are trying to make a living....BUT you have a "legal" paper road running through your farm. If I was to use it, I would contact you first. Give you my details and probably a box of beer to say thanks. Shame more people don't take this approach.
Year but that 5% can make days of extra work for you though out the year by been dicks how hard is it to shut a blood gate one area I go has lots of cyclists go through & has a big sign That say keep gate closed but it's amazing how often you come along and it's wide open the 1st one leves it open for his mates to shut but his mates come along and see the gate open must be meant to be open so they leave it open & that's the gate between the private & doc land so we always shut it
Been there had that problem a few times 2 mobs of ewes boxed up ours and the station next door over a days yard work to separate again paper road with big sign to always shut gate and I dont know how many times if found it wide open
I have mate that had an access track to the ruahines and when doc were been queer he shut it down and doc threatened an cajoled ect.
He was legally entitled to close access and after the stories I have heard I can't blame him for shutting it down.
All I can say there are some very entitled cock heads that fuck it up for the the good bastards.
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I have one as well 199p,i see Federation Mountain Clubs are relaunching there same as SH1 campaign which is the way it should be.
Stocky how are you getting on with your paper road access issues? Persevering with it or given up on it and put it into the to hard basket?
One would think/hope where practical these paper road issues could be resolved hopefully mainly at the point of sale of the affected property so that perhaps there could be a win win situation for every bodies sake? But human nature is what it is?
For the farmers who read this...Many years ago i met a farmer, land worker around inland Northern Hawkes Bay who said to me with a big smile on his face "I been here for twenty years and i've never seen a deer yet" I told one of the local farmers about it and he told me if his father found out about it he wouldn't be very happy. I have always wondered / expected if that farm worker would end up being a politician?
Not to hijack this thread but any one had issues / experiences with private roads? Reasons....I have looked at a sign posted private rural road and it doesn't make any sense a road that long road is private? It must require on going bridge / wash out maintenance with very few people living there to being economically viable....a unnecessary cost to those involved? Would council rates be any cheaper if the road was non private? Still, one could suppose they get less deer poachers up that private road being private than a public road :)
Good luck to anybody who is in the market to buy a property with private / paper road issues and other on going land problems as mentioned in this thread?
It doesn't need to be pointed out by a lawyer.
If somebody is to purchase land that has a paper road then it works like this, essentially the purchaser is purchasing not 1 but 2 parcels of land!
The purchaser is buying lot "A"
The Crown or Local Council (public) own lot "B"
The purchaser is buying lot "C"
The purchaser doe's not own lot "B" that segregate's lot "A & C" but may be able to farm it if given permission which they usually are as the LG/C then does not have to maintain.
Under law, they can not refuse public access to/through that land!
Anyone that says otherwise either doesn't understand the law of the land or are lying for their own benefit!
My thoughts only, but have been down this road several times.
Same as SH1' campaign re-launched for unformed legal roads
https://www.stuff.co.nz/timaru-heral...k9Uzku5Vqbs-RA
@Stocky (and anyone else), if you're on Facebook, join "Recreational Access and Paper Road Information for Hunters" (https://www.facebook.com/groups/815522488518099/)
Lots of good discussions, links and examples. I'm the admin.
As mentioned earlier in this thread, it appears the burden of proof in any trespass case will be on the farmer.
The difficulty (for both parties) in determining where the boundary of any ULR is is there are inaccuracies in any survey, and these inaccuracies compound with every step of the survey process. Take a look here.
https://www.linz.govt.nz/data/geodet...eight-accuracy
So, while doing your best to follow the centerline of the ULR as shown on WAMS, you may off the ULR, but it would be up to the farmer to prove it, and that would require the boundary to be accurately surveyed, instead of just relying on a (possibly 150 year old) digitised map.
I'm not a WAMS rep or anything, but if anyone wants to talk about specific cases, I'm happy to assist, as I have access to a few useful mapping tools. Haven't been for a hunt in over a year, and essentially stuck in Auckland, so not interested in your spot.
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