Thread: Kaimanawa Forest Park

Originally Posted by Ruger7mm

The title that is publicly available and the entry in the gazette (1969) on page 1334? shows that the land was taken by the crown through a process set down in the Public Works Act for the purpose of water control (electricity generation), that purpose did not include public access, however section 48 of the act allows for the controlling authority to grant an easement over the land for other purposes. It would also mean that for a structure such as gates to be built on the said crown land permission from the controlling authority would also be required. I believe the controlling authority to be LINZ (Land Information NZ) whose minister is Damien O'Connor. If LINZ did give permission without consulting the stakeholders with an interest such as DOC and the District Council then that is a very sad state of affairs, I think the question should be put to LINZ asking what knowledge they have of the situation and to come clean if they approved this in committee.

Would you be interested in following that up? Both Ross and I have put considerable time into this matter, but as for me and I'm sure Ross, will not be offended if someone else steps up and fires off an email.

I have sent an email to LINZ following this up, will let you know what returns

Originally Posted by Sauer

I’m sorry Tahr, but your (as of late) increasing petulance and fist thumping doesn’t impress me. If a legal determination in court in required to establish ownership is what is required, then that is what must occur.

No amount of negotiation with a group who do not have legal ownership will result in an agreement that has any legal standing.

I have a problem with large trucks parking on the grass berm outside my place and rutting it so badly I cannot mow it. From what you seem to be suggesting, it will be okay if I fence it off so they cannot park there - even though I don’t own the land. What utter bollocks.

Why do you need to go to Court. THE GIS maps, planning maps and LINZ records show it as road. if its a road under the LGA then the public have free right of access across it. End of Story.

Originally Posted by omark

Why do you need to go to Court. THE GIS maps, planning maps and LINZ records show it as road. if its a road under the LGA then the public have free right of access across it. End of Story.

also the Taupo District Council is I assume the road controlling Authority in this instance. The mayor is a good bloke. He should be able to shed some light on the matter from TDCs perspective.

Originally Posted by omark

also the Taupo District Council is I assume the road controlling Authority in this instance. The mayor is a good bloke. He should be able to shed some light on the matter from TDCs perspective.

I have had communication with a TDC Councillor and have recieved information that is in conflict with much of what we have come to understand to be true. I am awaiting a response to an email sent this morning. I will be back in touch with this councillor tomorrow morning.

Originally Posted by omark

Why do you need to go to Court. THE GIS maps, planning maps and LINZ records show it as road. if its a road under the LGA then the public have free right of access across it. End of Story.

Opinions and interpretations seldom lead to "end of story" although they might add weight to an argument. What might appear to be black and white often becomes grey when opposing views are tabled.

Hopefully though some sort of access can be maintained.

Originally Posted by Dazzh

I have had communication with a TDC Councillor and have recieved information that is in conflict with much of what we have come to understand to be true. I am awaiting a response to an email sent this morning. I will be back in touch with this councillor tomorrow morning.

If that strip of "road" is not ratable then the TDC records are unlikely to be reliable as those records are only kept for rating purposes.
Also, has it been established that this piece of land is in fact legal road?

No. Although it is signposted as Waipakihi road, it is still unclear if it is in fact a "road". What is clear is that it is crown land ie: not privately owned. I will look back through what I have, but I think it is zoned "Rural Environment".

There's also references that the land was taken so with the current government the trust will just ask for it back if they have no legal ownership today. I'm on the fence between talking nicely for the best outcome or fighting tooth and nail for what the titles seem to be showing.
I haven't heard anything back from Megan yet but it'll be interesting to see how her chat goes.

The land was taken when it still existed as Tongariro national park, not private land. The term TAKEN may not mean precisely what you think. Maybe That could chime in here for some insight.

These four + access routes were built to be roads in the first place and used as such. Roads vehicular or vehicle access routes- tracks; same thing is'nt it.
Oxford dictionary definition:
road
/rəʊd/
Learn to pronounce
See definitions in:
All
Transportation
Mining
noun
1.
a wide way leading from one place to another, especially one with a specially prepared surface which vehicles can use.
"a country road"

Originally Posted by Dazzh

The land was taken when it still existed as Tongariro national park, not private land. The term TAKEN may not mean precisely what you think. Maybe That could chime in here for some insight.

Apologies for my spelling and grammar.
- Not mean quite what you think.
- Maybe Thar could give a little insight into the implications of "Taken"

Originally Posted by Woody

These four + access routes were built to be roads in the first place and used as such. Roads vehicular or vehicle access routes- tracks; same thing is'nt it.
Oxford dictionary definition:
road
/rəʊd/
Learn to pronounce
See definitions in:
All
Transportation
Mining
noun
1.
a wide way leading from one place to another, especially one with a specially prepared surface which vehicles can use.
"a country road"

Now look up the definition of "legal road".

Do you think NZED used "illegal roads"?

Originally Posted by Woody

Do you think NZED used "illegal roads"?

Yip, and they probably fined themselves for doing it.... As a tax break.