Thread: Kaimanawa Forest Park

The word "take" refers to the compulsory acquisition of land.

See here page 23
https://www.businessnz.org.nz/__data...mpensation.pdf

Originally Posted by Tahr

The word "take" refers to the compulsory acquisition of land.

See here page 23
https://www.businessnz.org.nz/__data...mpensation.pdf

A synopsis would have been sufficient lol!
Thank you for the info.

The land was taken from the Tongariro National Park, not iwi. The trust land holdings were created at the same time, in part as a compensatory land swap for the power scheme.

Regardless of whether it is a road or not, nobody other than the Crown has the right to erect a structure on it.

At the same time, only the Crown has the right to bar access, and for the entirety of the "road's" existence, the Crown has chosen to not do so.

Edit to add XR500 said the same as I was typing

Here's where it all started. Great historic footage

https://www.youtube.com/watch?v=2Kbg9_z0fGo&t=3s

Photos taken today down by the far end of Waipakihi Rd. This seems to be a side road going into the privatre land.





Unfortunately, my mate didn't take much notice of an open gate across the Waipakihi Rd closer to SH1, but noted it would be a fair way to walk to the end of the road. Presumably that is the one photographed under the power lines a few pages earlier in this thread.

Now for something completely speculative:

If there were a gate across Waipakihi Rd, then whatever may be said, there would be the possibility that someone could close it at some time. It would be most inconvenient if it were closed while you were in the bush and had to negotiate nicely with the key holder to come and let you out. From a practical point of view, whatever the law (and as Tahr points out there isn't just one black and white law), the existence of a physical gate is a real and ongoing threat to access. Therefore, if at all possible it must be prevented before it can be completed. Even if the gate has no legal standing, an ordinary person may not be entitled to remove it, as the materials would belong to someone else (the same as say your camping gear or a car parked beside the road).

Now, as for the land having been taken from the Tongariro National Park, it has been proposed that the wording of the gifting document may have differed in English and Maori ("The fate of our national estate" George Driver North & South magazine August 2022 p36) and that Tukino only agreed to share the taonga, not to give away all ownership. A legal challenge to reestablish public access in the presence of an already locked gate would be an up hill battle, even if it could ultimately be vindicated.

https://sacredland.org/wp-content/up...-mgmt-plan.pdf

Originally Posted by XR500

Here's where it all started. Great historic footage

https://www.youtube.com/watch?v=2Kbg9_z0fGo&t=3s

Love the center folds in the workshop!

@9min.22secs, must be one of the single lads off this forum

Reminds me of the annex room off the workshop during my apprenticeship, just missing a half dozen bottles of Coruba and a bunch of drunken old Tradesmen.

The road easement is 25 meters wide, and the gate is considerably less than that.
Just drive around the bloody thing. DOC won't care, it isn't their land, and the trust don't own it either, so as long as you don't drive on trust land they have no standing.

Originally Posted by Ross Nolan

The road easement is 25 meters wide, and the gate is considerably less than that.
Just drive around the bloody thing. DOC won't care, it isn't their land, and the trust don't own it either, so as long g as you don't drive on trust land they have no standing.

Note
Comment made for satirical purposes.
Always consult with your lawyer before starting any course of action based on advice from Ross Nolan.

Could say the same about my comment. I meant prevent by legal determination like an injunction.
Speaking as a bush lawyer …

The original gifting of tongariro national park was quite a small area around the vents of the three volcanoes. The land down by the desert road was not part of the original gift.

Originally Posted by stug

The original gifting of tongariro national park was quite a small area around the vents of the three volcanoes. The land down by the desert road was not part of the original gift.

The land the trust and road are on were from purchases subsequent to the original gift of the summits- as your pdf. Are you saying the purchases should not stand?
If so, I sold a house in Birkenhead last century I'd quite like back, and I'd quite like to reexamine the sale of my great grandparents farm at Pirongia also