Act might be used to acquire road

The Wanaka Community Board has joined the call for the Public Works Act to be invoked to guarantee public access to Kidds Bush and other conservation reserves next to Lake Hawea.

Several people during yesterday's Wanaka Community Board public forum urged the Queenstown Lakes District Council to find a permanent solution to the long-standing dispute over the legal status and public use rights of a section of Meads Rd, which crosses Hunter Valley Station (HVS).

The road was recently closed again by station lessees Taff and Pene Cochrane, who have long argued their farming operations are affected by the public using the road, which was never gazetted.

Trampers, campers and anglers at yesterday's meeting asked why a Land Information New Zealand (Linz) offer to cover the cost of legalising the road was not taken up by the council.

QLDC chief executive Adam Feeley said the offer was not made to the council, but directly to HVS, and was declined. He understood compensation for legal costs was a ''sticking point'' for the Cochranes.

Council talks with the Cochranes indicated they had ''no intention or no desire'' to prevent public access, other than for short periods during lambing, and the council was to be notified of such closures and continue to maintain the road, Mr Feeley said.

''[However], over the last number of months, the relationship between Hunter Valley Station, parts of the community, the council, Linz, whoever else, has not progressed well.''

Mr Feeley had gone back to the Cochranes about two weeks ago to try to formalise the earlier agreement.

''[Mr Cochrane's] response was that he was not willing to consider that and that from here on, the discussions would be between lawyers.''

That left the council with two options - court action to seek a declaration the disputed section of road was a legal road or to acquire the road under the Public Works Act.

''In our view, the latter is far preferable. It leaves open the opportunity to acquire under agreement, but ... it can be compulsorily acquired.

''Most of the groundwork has been done in terms of what's required ... and, given Linz's offer, our cost is just primarily one of time.''

Mr Feeley said the council's attempts over the years to clarify the legal status of the disputed section of road had cost it considerable time and money - which he later told media was a ''decent six-figure number''.

Given the historic use of the road, its legality was a ''technicality''.

''There's little doubt that the road is used as if it were council road, even it it's not a council road. If we had to go down the compulsory acquisition road the prospect of that not succeeding would be relatively small.''

Community board chairwoman Rachel Brown said the Public Works Act was a ''clean way of redressing a Crown oversight several years ago'' and a positive response to a strong public call for the council to show leadership in the matter.

The community board recommended the council take steps to finalise the matter, including, if required, acquisition of the disputed section of road under the Public Works Act.

Mr Feeley told media after the meeting he hoped the situation would be resolved by next summer.

''If we can resolve it without resorting to the Public Works Act, terrific. But we have it available to us and we will use it if we need to.

The Otago Daily Times could not reach the Cochranes for comment yesterday.

lucy.ibbotson@odt.co.nz

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