12 <strong>Selwyn</strong> <strong>Times</strong> Wednesday <strong>March</strong> <strong>20</strong> <strong>20</strong>24
Wednesday <strong>March</strong> <strong>20</strong> <strong>20</strong>24 <strong>Selwyn</strong> <strong>Times</strong> NEWS 13 NO GO: Gates will be added to access points at Greenpark Sands after damage by vehicles. The future of 4WD access to the <strong>Selwyn</strong> River is also being considered. PHOTO: SDC Vehicle access to Greenpark Sands to be restricted • By Daniel Alvey EXTENSIVE DAMAGE to parts of Te Waihora Lake Ellesmere shoreline by 4WD vehicles has forced the district council to restrict access. Gates will be installed to stop vehicles from accessing Greenpark Sands. The sands run around the 13km of the shore of the lake, from the LII River to the Halswell River. Two locked gates will be installed at the end of Wolfes Rd and Jarvis Rd. Said council environmental team lead Andrew Spanton: “The final design and construction of the gates is yet to be determined, but they will need to be effective at preventing unauthorised access, durable, and easily replaceable should wilful damage occur. “The gates will be jointly operated and managed by Fish & Game and DOC (Department of Conservation), with oversight from council. Fish & Game will keep a register of authorised users, which will also serve as a contact database for information exchange.” The gates will be permanently locked to the general public from August 1 to February 28. From <strong>March</strong> 1 to July 31, legitimate vehicle users may request a combination lock code for the gate from Fish & Game. The permanent closure lines up with the breeding season for the banded dotterel, while the open season is primarily to allow duck hunters access. The gates will continue to allow pedestrian and cycle access to the lake at all times. The restrictions for the sands come as investigations start to look at the future of 4WD access to the <strong>Selwyn</strong> River. The popular 4WDing location may have access restrictions placed on it, depending on the outcome of a Te Waihora <strong>Selwyn</strong> water zone committee investigation. As part of its action plan, the committee is focused on restoring the <strong>Selwyn</strong> River back to a healthy state. Said committee chair Matt Dodds: “<strong>Selwyn</strong> River vehicle access was discussed at a recent water zone committee meeting, as part of our action plan review process. “The zone committee has an action in the plan to investigate the impact of 4WD use and rubbish dumping in the river, along with options for low-impact recreational 4WD use.” He said the plan included looking into whether the district and regional councils were aware of any issues, and what policies around 4WD use currently existed. “At this stage, it is simply an information gathering exercise and any further action will be determined by the findings,” Dodds said. The water zone committee is a joint committee between the district council, Environment Canterbury and the Christchurch City Council, with rūnanga representatives and community members. Legal Matters Public Works Act continued… There is an increasing demand for national and regional public infrastructure and network services - railways, airports, roads, electricity, schools, and the like - that can support New Zealand’s growing population. The Public Works Act (“PWA”) provides the legal framework for government and local authorities to acquire land/ register easements for these public projects. The legislation is intended to ensure there’s a clear process for engagement with affected property owners and that compensation for acquired land is fair and reasonable. The process is summarised below: The PWA process is usually initiated when a council or government agency such as Waka Kotahi NZ Transport Agency identifies a need for land to carry out a public project. However, it could also be a significant utility provider that has applied to the Minister for Land Information under the Resource Management Act to have easements acquired or taken under the PWA. The acquiring authority must demonstrate that the proposed acquisition is in the public interest and that no reasonable alternative exists. Following the identification of suitable land, a notice is usually issued to the landowner setting out the desire to acquire the property, or part of it. This notice should detail the purpose of the proposed acquisition and initiate negotiations regarding compensation. This is a key phase of the process and there are limited timeframes in which a response and/or objection can be made; so, at this point you’d be well advised to get in touch with a lawyer who has particular expertise in the Public Works Act. While the PWA does provide for the powers to acquire private property, it also incorporates safeguards to protect landowners’ rights, such as receiving fair and just compensation and ensuring that a landowners’ reasonable legal and valuation costs are reimbursed. When land has been acquired for a public project and is no longer required, in most circumstances the PWA requires the land to be offered back to the person from whom the land was initially acquired or that person’s successor. Having land taken under the Public Works Act can be stressful and, at times, complex. Tavendale and Partners has significant experience in dealing with the acquisition of farmland and the impact on operational farming properties, the acquisition of family homes, and the relocation of businesses and business loss claims. We are also available to provide a second opinion or independent legal advice in this area. If you find yourself subject to land acquisition, or consider this a possibility in the future, please do get in touch – we’d be more than happy to take you through the process in more detail and assist with any negotiations to ensure you receive your fair entitlement or, in the instance of land previously acquired under the PWA but no longer required, help facilitate the return of land to the original landowner/successor. Please contact us to make an appointment in one of the four convenient office locations Darfield • Ashburton • Rolleston • Christchurch Kate Warren (Senior Associate) Mobile: 0273843054 Email: kate.warren@tp.co.nz Rolleston & Darfield office: 03 317 9099 Christchurch office: 03 374 9999 Ashburton office: 03 308 4188 TRACKS: Aerial photos show the extent of the damage caused by vehicles driving on Greenpark Sands. PHOTO: SDC Rural and Agricultural Law, Conveyancing, refinancing, leasing & property transactions, Land acquisitions, boundary adjustment and subdivision, Insurance Law, Occupation Right Agreements and Estate and Succession Planning, including Enduring Powers of Attorney, Trusts, and Wills.
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