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The memorial, made up of a seat and plaque, which contained the Dunedin man's ashes, was at a site close to where he died in a road crash on State Highway 1, near the Shag Point turnoff between Palmerston and Moeraki, on August 13 last year.
Miss Baker sought permission to erect the memorial bench and plaque from NZTA and was deferred to Downer and a representative agreed to the plans.
However, it emerged last week that NZTA wanted the memorial removed.
Waitaki Mayor Gary Kircher then stepped in and said he was told the memorial and plaque could stay.
However, Miss Baker had talks with NZTA yesterday and said it was ``really adamant'' it wanted the memorial moved for the reason that if it stayed, other families might follow suit in creating similar memorials.
She said the agency was looking for a new site for Mr Baker's memorial that suited its and his family's needs.
NZTA spokesman Nic Rodger said agency representatives were continuing to talk to the Baker family to resolve the situation.
``In the meantime, the headstone is not being shifted.''