Reminder station legally controlling road

The gate erected last year on Mead Rd which barred access to the Doc camping area at Kidds Bush....
The gate erected last year on Mead Rd which barred access to the Doc camping area at Kidds Bush. Photo: Matthew Haggart
Hunters, anglers and Kidds Bush campers are being reminded the High Court has ruled Hunter Valley Station, at the northwest end of Lake Hawea, can control the opening and closing of Mead Rd during lambing season, until November 18.

People wanting to camp at Kidds Bush at Labour Weekend have to contact the station for permission.

The closures have already been notified and will be advertised again today, but have already caught out some members of the public, who contacted the Otago Daily Times recently seeking an explanation.

The Queenstown Lakes District Council and station owners Taff and Penny Cochrane have been dealing with the issue of ownership and control of the road for some time.

The dispute centres on whether the road is a legal one, over which the public has access, and the antisocial activities of some visitors causing stock management issues.

When Mr and Mrs Cochrane first put up the gates last year, the QLDC sought an injunction to remove them.

Council corporate and regulatory services manager Roger Taylor said on Friday the legal action had been put on hold while negotiations took place between the council, Hunter Valley Station, Land Information New Zealand and the Commissioner of Crown Lands.

"Work on resolution through negotiation is awaiting decisions of the Crown.

"Those decisions are still awaited," Mr Taylor said.

Meanwhile, in a teleconference on September 15 before Justice Fogarty in the High Court, Hunter Valley Station successfully made a case that Mead Rd needed to be closed for lambing for this year.

"We argued strongly against this, but the judge has ruled in favour of Hunter Valley Station," Mr Taylor said. "Effectively this means that Hunter Valley Station will place a gate across Mead Rd at Neck Creek and they will control access along Mead Rd from that point.

This will apply for the period from October 10 to November 18 - which period covers Labour Weekend and the opening of the fishing season and jet-boating on the Hunter River.

"Hunter Valley Station is not permitted to refuse reasonable requests for access, but they do have control," he said.

Justice Fogarty said, in a decision dated September 15, the station owners "do not want casual cars, who may [belong to] tourists, and other people unfamiliar with the area ... because the lambing is going to go on over part of the land adjacent to the road by merino ewes who are difficult mothers.

"Where the lambs are separated from [their mothers], there is not a good history of pairing up again.

"The road was in fact closed, although without the authority of the court, at the last lambing season.

"They had an increase of 200 lambs.

"They are approaching what they think is another successful lambing season and are again hoping to have the barrier closed so as not to disturb the lambing," Justice Fogarty said.

Justice Fogarty said he had hoped the case could be resolved before this lambing season.

"That has not happened.

"That is no fault of any of the parties, including the Commissioner of Crown Lands, but is a fact that I have to deal with," he said, in granting the interim closure.

Conditions include not refusing reasonable requests, putting notices on the barrier explaining why it is there, providing contact details and advertising the closures.

As soon as the Commissioner of Crown Lands agreed on a settlement, any party could apply for a variation of the order, Justice Fogarty said.

However, he anticipated, even if the commissioner agreed on a settlement, it would be unlikely that appropriate fencing along the road would be completed before the end of lambing.

The Department of Conservation, Otago Fish and Game, the New Zealand Jet Boat Association and Upper Clutha Tracks Trust have been informed.

 

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