Kariotahi site changes

Like Dennis, I am sceptical that this is the 'thin edge of the wedge' and Gaven will be back in due course with statistics to show how the activities of just a few members are blocking development of his business.

The requirement to book in advance take off at the restarant will effectively scupper this as the decision to use this site is always made on a 'here & now basis'.

But being a mostly compliant individual yesterday I did indeed go to log in at the reception before going up to the top launch. After a quarter hour wait was finally told that they weren't organised for this! Won't be bothering with wasting valuable time again until we are told they have got their act together! And if they are using this to gather statistics I suspect this will be a while.

I appreciate that Xen has not released his letter to Franklin District Council, but I can, perhaps, shed some light on the background to this.

Like many sites, continuing use and making sure that no one has any doubt about our interest goes a long way.  In the time I have been flying in Auckland, we have lost or come under pressure over a number of sites.  Long Bay has effectively been lost through NSCC failing to consult or to consider our use in granting subdivision consent, we lost North Head (and got it back again) and we very nearly lost Muriwai and the Paeroas.  Looks like we might have lost the Kaimais also.

It goes without saying that Karioitahi is historically very important.  It's also the last site on the west coast where there is vehicular access to the take-off. 

So, is it under threat?  Yes and no (typical lawyer)!

The restaurant site and the top take-off (between the farmland behind, owned by Gavin Shine, and the high water mark) is all recreational reserve under the Reserves Act.  It's owned by the Crown, and it's administered by the local council (Franklin District Council).  FDC can do some things as manager, and others must be referred back to the Minister.

The use of the entire site is restricted to recreational activity, which in this case means running a camp ground and related activities for the benefit of the public.  Included in this is our use of the site for PG & HG.

FDC granted a lease over the restaurant site some years ago to what is now Gavin Shine's company.  That lease reflects the statutory use, and also guarantees our continued access to the top take-off.  This is specifically covered in the lease.  There is no doubt in my mind that what Gavin is currently doing is beyond what is allowed by the lease (have a look at the Castaways website - this is clearly commercial).  But that is another story.  I see no need to challenge the way FDC have administered that lease.

There are, however, two issues on the lease we should not lose sight of:

(1)  we have effectively lost the use of the restaurant take-off.  The booking requirement is Gavin trying to establish that the take-off on the grass is not lost.  In practice, we have lost it.

(2)  we are entitled to access the top site through the restaurant site.  There is no obligation to register, in my view.

In relation to Gavin's proposals for the top take-off, this is part of his wider plans for the development of his adjoining land. These are inconsistent with the use restrictions under the Reserves Act.  Furthermore, it is my view that FDC has no power at all to grant the rights which Gavin wants.  

Gavin's proposal is couched in terms of temporary use, but in the long term this seems disingenuous. His proposal to FDC was purely commercial (increasing local employment, expanding his convention and events centre business at the Castaways site etc).  In the long run, PG & HG would become secondary users of the site.  We would, in practice, lose the site in the same way that we have lost the restaurant site.

More critically, for most other sites, we are at the mercy of the landowners.  While we almost certainly have similar rights at the Kaimais and the Paeroas, maintaining reasonable access to these sites has become problematic.  At some point, in my view, we need to reassess the approach we've taken to our access to these sites.

Where Karioitahi is concerned, our use is recognised by statute, and should be protected by FDC ensuring our continued use.  This is not a case of being reasonable, or establishing our use.  The site is there for our use; not for commercial undertaking.

So, get out there and use the site.

Cheers
John