Driving on the beach with consideration and respect is one of those things that simply makes many people's quality of life better by living here.
From the Anna McElrea the Recreation Planner for the ARC via Rodney Council. I asked my local MP Lockwood-Smith to help get more information as I received no reply from Mike Lee (ARC and initiator of the idea to ban vehicles from Muriwai beach.) for more accurate information about what his concerns were for banning driving on Muriwai beach.
Muriwai Report June 2008 (2).doc
[i]muriwai beach and te oneone rangatira management project
[/i]
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Lance Vervoort, General Manager Parks; Jane Aickin, Group Manager Visitor Services and Assets; and Anna McElrea, Recreation Planner: 30 April 2008
The report has been prepared in accordance with the provisions of section 76 and 77 of the Local Government Act 2002, having regard to section 79.
executive summary
On 7 February 2008, the Parks and Heritage Committee considered a range of issues associated with the current use and management of Muriwai Beach and Te Oneone Rangatira, and discussed a number of proposed responses. The committee resolved that the Auckland Regional Council (ARC) should provide leadership and administrative support for the development of a Heads of Agreement and its subsequent implementation, given its regional focus, and the number of roles it has in the area.
On 18 February 2008, Council resolved that $150,000 expenditure on managing vehicles on beaches be added to the Draft Annual Plan 2008/09.
Since February, the ARC has worked with a number of agencies to develop an urgent plan of action. The work programme, that is both defining and implementing the urgent plan of action, includes:
New speed limits to apply to Te Oneone Rangatira, Muriwai Beach and access roads. Rodney District Council (RDC) (as the road controlling authority) will facilitate the process of amending their Road Speed Limit Bylaw.
Increased local enforcement of rules relating to vehicles. The New Zealand Police will be responsible for enforcement on the beach. The ARC, New Zealand Defence Force, and Hancock Forest Management Ltd, will be responsible for enforcement on the dunes and surrounding land.
Comprehensive regional and local education campaign. The ARC will lead the campaign with strong support from a range of partner agencies. There will be numerous initiatives such as working with the film industry and motorcycle clubs.
Regional and local infrastructure. Territorial authorities and the ARC will work with other relevant landowners to improve signs and fences.
Recreation planning and management focused on addressing regional motorised recreation demand, provision and conflict management. The ARC will facilitate this process and consult territorial authorities, other facility providers, and the off-road motorised recreation community.
Advocating for national consistency in relation to the management of vehicles on beaches.
This report provides the committee with a broad overview of this plan of action and progress toward achieving it. In particular, the report provides detail on the ARCs proposed research into the demand for recreational motor sport in the region, and alternative options available to cater for this demand. The report recommends that funding from 2007/08 surpluses be approved to engage the successful consultant as a matter of urgency (in June) to undertake the strategy development. The report also highlights the importance of a political reference group and asks for two to three councillors to be nominated to this group.
A.1.1 Purpose
To provide an update on the Muriwai Beach and Te Oneone Rangatira Management Project, including an evaluation of the individual work streams that can be implemented with the funding identified in the Draft Annual Plan 2008/09. The report also provides an update on the development of an off-road motorised recreation strategy, and approval is sought to utilise surpluses from this financial year to fund this work.
A.1.2 background
On 7 February 2008, the committee considered a range of issues as well as current and proposed responses, to improve management of Muriwai Beach, Te Oneone Rangatira and the associated recreation area. The committee agreed with the assessment that if effective management responses are not put in place, current patterns of use will lead to:
increased public safety risks,
alienation of responsible users, locals and general public,
unsustainable damage of dune system, flora and fauna,
reluctance or refusal by land owners to permit recreation activity,
ongoing and significant infrastructure costs for the agencies involved.
The committee recognised the need for a comprehensive approach that includes local, regional, and national solutions for managing vehicles on beaches, and options for addressing the recreational demand that is driving the use. The committee was particularly concerned about the risks of displacing the use to adjoining regional beaches or even other regions.
The report suggested that the ARC is the agency best placed to provide the leadership and administrative support for the development of a Heads of Agreement and subsequent implementation, given its regional focus, and the number of roles it has in the area. This was supported by the committees resolution that the ARC should lead discussions with RDC, the local police, ministers, iwi authorities and other stakeholders, to develop an urgent plan of action and report back to the committee. It recommended that the chair and deputy chair of the Parks and Heritage Committee lead these discussions and that a public meeting, an interagency site visit to Muriwai Beach, and an interagency meeting with ministerial representation be facilitated to engage other agencies.
The committee also requested that the following potential solutions be evaluated in time for the annual plan deliberations:
researching the demand for recreational motor sport and report back on alternative options available to cater for this demand,supporting an interagency education and enforcement campaign including increased signage, advertising and beach patrols.
On 18 February 2008, Council resolved that $150,000 expenditure on managing vehicles on beaches be added to the Draft Annual Plan 2008/09 to enable a range of practical short term actions to be implemented in time for summer 2008/09. The chief executive advised that, given the urgency of the issue and the lack of funds available in 2008/09 for recreation planning, the council look at funding the recreational motor sport planning from surpluses in the 2007/08 financial year.
Since the February meeting a number of activities that relate to this project have occurred, including:
an internal project team being created, and draft project plan developed,
partner agencies and neighbouring regional councils informed of the committees resolutions,
ARC website content updated,
coastal policy analysts around the country contacted to learn more about the issues they face and their current management regimes,
staff attended an interagency meeting convened by Rodney District Council on 25 February,
staff and Councillor Rose attended a Northland interagency meeting on 4 March,
on 13 March, the RDC Transportation and Environment Committee resolved to support the inter-agency approach recommended by the ARC in the ARC recommendations agreed upon at the 7 February meeting,
public and press enquiries responded to by councillors and staff,
a public meeting held on Sunday 30 March,
a Joint Agency Management of Muriwai (JAMM) meeting held on 6 May to flesh out details of the work programme.
The public meeting was convened by the ARC in collaboration with RDC and the local police on Sunday 30 March at the Waimauku School. Cr Rose and Cr Coney attended the meeting. The aim of this meeting was three fold:
to acknowledge the concern in the community about recent events and the implications for Muriwai Beach and Te Oneone Rangatira,
to provide an opportunity for the community to indicate what people locally and in the region want for these beaches, and how to manage any potential conflicts,
to enable the agencies involved in managing this area to provide information about who has responsibility for what.
Approximately 100 people attended this meeting. Based on the contribution received at the meeting, it appeared as if the largest proportion of meeting attendees were representing the rights of motorised vehicle users. Little or no contribution was made from those interested in horse riding, pedestrian access or environmental preservation and restoration. None-the-less, it proved a successful opportunity to communicate the rules around beach vehicle use, and to clarify current ownership and governance arrangements. Learnings from the meeting were that:
The ability to drive and ride on the beach is very important to many people.
People are open to considering ways to improve the management of vehicles on beaches, such as enforcement of existing rules, introduction of a new speed limit, altering access points and better signs.
Many people are unclear about where road rules are applicable and are concerned about the consequences if these road rules were to be enforced.
People feel that there are few accessible facilities available in the Auckland region for off-road motorised recreation.
As per the resolutions from the February committee meeting, several other initiatives are planned at the time of writing, including:
An interagency site visit on Wednesday 14 May to enable elected representatives and appropriate managers to see the issues first hand, and to progress discussion on a joint agency approach to management.
An interagency meeting on 3 June, to discuss the ministries position on the issues associated with vehicles on beaches, and gain their commitment to be involved in an urgent plan of action that provides for improved and consistent management of vehicles on beaches across the nation. Chairman, Michael Lee has sent letters to the following people inviting them to send a representative from their department:
Hon. Steve Chadwick (Minister of Conservation),
Hon. Annette King (Minister of Transport, Police and Justice),
Hon. Trevor Mallard (Minister for the Environment),
Hon. Nanaia Mahuta (Minister of Local Government),
Hon. Jim Anderton (Minister of Fisheries and Forestry),
Rodney District Council Mayor,
Northland Regional Council Chairman,
Far North District Council Mayor,
Kaipara District Council Mayor,
Department of Conservation Warkworth Area Manager,
the Detective Sergeant of the Rodney Police Station.
A.1.3 analysis
Options
Given the long term experience of the agencies involved in management of the area, it is clear that there is no one solution to this issue. A range of responses is essential, from short to long-term actions, and from local to national actions. The agencies involved recognise that effective management of the area is only likely to be possible, if the agencies involved work together to ensure that the competing needs of the different users and activities are catered for, and the environment is protected. As outlined in the February report, while there is good co-operation between agencies, decision makers are not adequately engaged on the issue. Recent consultation with agencies has raised awareness about this issue, and there is support to develop a formal agreement that captures each agencys commitment and a pathway forward. It is recommended that this be developed in time to ensure funding is set aside in the Long Term Council Community Plan.
Short term actions
Until such time as a formal agreement exists, agencies are committed to working together to progress the short-term actions that will immediately improve the management of Muriwai Beach and Te Oneone Rangatira. The table below outlines these actions, and the funding that is set aside in the Draft Annual Plan 2008/09.
Option Description Lead Agency Funding required in AP 2008/09
Speed limits RDC, as the road controlling authority, has committed to an urgent review of beach speed limits to be completed before next summer. RDC will adopt these by amendment to the RDC Road Speed Limit Bylaw [Chapter 26, RDC General Bylaw 1998] using the LGA consultation process [s 83]. ARC will need to consider its response to this. See below. RDC n/a
Education/
advocacy 1 Joint communication approach.
2 Focus on improving awareness and clarity around rules, definitions, environmental impacts and alternative options.
3 Targeted campaign that includes a range of actions from flyers to comprehensive and sustained engagement with the vehicle industry, clubs, user groups and the community. An education campaign is still being scoped in collaboration with other stakeholders. ARC/RDC
Other partners such as Forest and Bird may also be able to contribute. $35,000
Infrastructure 4 Signs: improve directional and education signs. Joint project currently underway.
5 Fencing: progressively implement rigorous dune fencing programme (funding in year one will only include a small amount of fencing in locations that are receiving highest impact and hold highest values). Recognising that this is a mobile dune environment and this may create some ongoing fence maintenance requirements.
6 Evaluate access points: scope out possibilities to improve management through relocating access points for all users and/or certain recreation users. ARC
Supported by RDC and
Hancock Forest Ltd $50,000
Enforcement 7 Focus on enforcing existing ARC rules, particularly prohibition of use of dunes, and support the police to enforce the road rules that are applicable on the beach.
8 The best way to cooperate with the police, Hancock Forest Management Ltd and RDC is still being scoped. ARC
In conjunction with Police, RDC and
Hancock Forest Ltd $65,000
Off-road Motorised Recreation Strategy for the Auckland Region 9 Determine current and future demand and supply of off-road motorised recreation opportunities in the Auckland region for both formal sport and recreation.
10 Evaluate the significance of off-road motorised recreation to Aucklands residents, environment and economy.
11 Evaluate how the provision gap could be addressed and identify what role, if any, the ARC and local authorities play in the provision of off-road motorised recreation.
12 Identify and evaluate the constraints and conflicts for future demand e.g. fuel prices, and supply e.g. resource consent issues. ARC $65,000 *
* At the Councils deliberations on the annual plan in February 2008, the chief executive recommended that given the scale and urgency of work required, that some of this work be funded from year end surpluses. Savings of $65,000 in 2007/08 have been identified in the parks budget, from licence income being ahead of forecast. It is therefore recommended that a budget change be approved to fund this new stream of work.
In addition to the external funding identified above, and given the leadership role the ARC is playing, this stream of work requires a significant amount of staff effort. Following discussion with the chair and deputy chair of the Parks and Heritage Committee, parks have reprioritised the work programme to accommodate this new priority work programme. As a result, the Acquisition Plan Review and Recreation Pricing Schedule projects have both been deferred for a year, pending review of the outcome of this project, and additional resources being allocated. It is considered to be acceptable to delay the review of the Acquisition Plan, which is now nine years old, for a year, subject to the agreement that there should be no further delays. This is in recognition of the risk that the regional parks may start to lose relevance with users, and needs to be updated to reflect new pressures, such as a growing and increasingly diverse metropolitan population. Some minor inconsistencies in bach charging have been identified, and it is proposed that a minor amendment relating to these be put forward for approval without reconsidering the full Recreation Pricing Schedule. As the Acquisition Plan Review was a project identified in the annual plan, Councils formal endorsement of this reprioritisation is sought.
Timeline
If the funding requests are approved, the timeline for this summer and continued engagement with main decision makers to progress a formal agreement such as a Heads of Agreement, is likely to be as per the table below.
Month Action Lead Agency
June 2008 13 Engage consultant to develop an off-road motorised recreation strategy for the Auckland region. ARC
July November 2008 14 Scope and implement education campaign.
15 Complete signage project.
16 Develop Heads of Agreement.
17 Initiate bylaw amendment process to introduce speed limits.
18 Fencing infrastructure installed.
19 Possible ministerial working party set up to consider national actions in relation to vehicles on beaches. ARC/RDC
ARC/RDC
ARC
RDC
ARC
December 2008 20 Off-road motorised recreation strategy for the Auckland region presented to committee. ARC
Summer 2008/09 21 Sign off Heads of Agreement.
22 New speed bylaws effective.
23 Increased enforcement and education campaign launched.
24 Off-road Motorised Recreation Strategy for the Auckland Region presented to territorial authorities. ARC
TAs
Police, ARC, RDC,
ARC
2009 25 Commencement of implementation actions from Heads of Agreement. ARC
Coast Road beach access
The Coast Road vehicle beach access currently exits onto the beach at the Okiritoto Stream mouth. Pedestrians and horse riders are directed onto segregated trails from the shared car park. Various agencies and members of the public have asked that this beach access be re-assessed in response to safety and environmental concerns. Suggestions include moving the vehicle access north of the Okiritoto Stream, and if this is not feasible, widening the existing road to make it a two-way road. Lowering the speed limit, through inclusion into the RDC Speed Limit Bylaw amendment, has also been recommended as a mechanism to improve the management of this beach access.
Hancock Forest Management Ltd and RDC have signalled their support for evaluating the suggested improvements. The committees approval to begin investigations and implement the recommended design and regulatory improvements is sought.
Off-road Motorised Recreation Strategy for the Auckland Region
While this strategy is an integral component of the Muriwai Beach and Te Oneone Rangatira Management Project, it will also address the wider issues of motorised sport throughout the region. It will provide a mechanism to enable the ARC to work in partnership with our regional community to further promote social, economic, cultural and environmental well-being.
The strategy brief (see Attachment 2) is modelled on similar regional strategies that have been undertaken by Auckland Regional Physical Activity and Sport Strategy (ARPASS) over the last two years. The project brief has been tested with the ARPASS regional collaboration team (representatives from the seven territorial authorities and regional sport trusts) at its April meeting and with representatives from local clubs and commercial facilities at a workshop on 22 April.
The strategy will deliver the following outputs to assist further analysis, planning, design and budgeting work:
summary of the current off-road motorised recreation facilities and planned facilities in the next 10 years in the Auckland region and neighbouring regions,
summary of the demand for off-road motorised recreation land and facilities by formal sport users and leisure users (including trends and projections),
criteria of standards for community, regional and national standards of facilities,
evaluation of ability to co-locate with other sports and land uses,
summary of safety issues,
explanation of the fit with Auckland Regional Council policies for environmental protection,
summary of risks associated with increasing demand, including the ability to limit use and effectively exclude public land where they should not go,
explanation of legal framework,
summary of environmental risks and mitigation measures,
explanation of the gap between current and recommended regional provision,
summary of responses relevant to the provision needs for formal off-road motorised sport provision at a regional and national level (and possibly international), including development of existing facilities, new developments and partnering opportunities,
summary of responses relevant to the provision needs for off-road motorised recreation provision to meet population growth projections, including development of existing facilities, new developments and partnering opportunities,
recommendations in relation to roles (ARC, clubs, councils, commercial operators and private providers) in addressing the provision gap,
a future plan for off-road motorised recreation provision to match growth projections for the next 20 year period across partners,
a framework for funding support (capital and operational),
communication to the region of the strategy and commitment from all parties towards this plan.
A request for proposals was sent out to five consultants on 1 May and the outcome of this will be verbally reported at the meeting.
If the budget change is supported by the committee, then it is anticipated that the consultant will be engaged immediately, and that the work would be progressed according to the following milestones:
Timeframe Stage
9 - 16 June 2008 Consultant begins research and project.
September 2008 Draft report considered by reference group and project team.
Sept/Oct 2008 Draft report presented to Heritage team, Parks Recreation Education Team (30 August), Parks Operations Group (7 September) and Parks Management Group (14 September).
3 December 2008 Report to Parks and Heritage Committee for adoption.
February 2009 Report and recommendations presented to ARPASS Strategic Partners Group and territorial authorities.
For any project of this magnitude, it is beneficial to have a political reference group to test the findings and recommendations throughout the project. It is recommended that two to three councillors be nominated to a political reference group to help progress this strategy.
A.1.4 financial implications
Current operational funding from some, or all of the agencies, covers:
ranger presence within the park and occasional staff presence within the defence land and Woodhill forest,
basic signage and fencing,
media coverage and education within current staff capacity.
With the reprioritised work programme discussed above, the outcomes identified in this report can be developed within existing staff resources, so long as expectations of partners are well managed and education campaign parameters are clearly defined and agreed.
On 18 February 2008, Council resolved that $150,000 expenditure on managing vehicles on beaches be added to the Draft Annual Plan 2008/09. This funding is vital to progress the short term actions and will be utilised as follows:
$35,000 for a joint education campaign,
$50,000 to install and repair infrastructure,
$65,000 for enforcement.
It is proposed that $65,000 from the 2007/08 surpluses be approved to fund the Off-road Motorised Recreation Strategy.
Any additional budget implications determined through the drafting of the Heads of Agreement and the adoption of the Off-road Motorised Recreation Strategy will be developed and put forward for consideration in the Long Term Council Community Plan.
A.1.5 legal implications
There are no legal implications anticipated in progressing discussions as noted above.
There are current and substantial legal risks for Hancock Forest Management Ltd as they manage a full commercial forestry operation (place of work), whilst also managing public recreation use through the forest. Other landowners or managers have similar exposure to risk.
This dialogue and potential action is important with regard to each agency as it relates to discharging its duty of care obligations to users of open space.
Any proposal for a local authority (RDC or ARC) to create a bylaw, transfer ownership or control of any activity or place, will trigger the requirement to undertake a special consultative procedure in accordance with the Local Government Act 2002.
A.1.6 consultation
The suggested way forward, as outlined above, is to develop a joint management approach and initiate extensive consultation with a range of groups involved in the area. The proposed Heads of Agreement will include a communications plan that considers future consultation processes.
attachments
Attachment 1 - map of Muriwai Beach and Te Oneone Rangatira.
Attachment 2 - Off-road Motorised Recreation Strategy for the Auckland Region, Project Brief.
recommendationS
That the report be received.
That it be recommended to Council that a $65,000 budget change be approved to fund the Off-road Motorised Recreation Strategy for the Auckland Region. This is to be funded from surpluses identified in 2007/08 as a result of parks licence income being ahead of plan.
That the Parks and Heritage Committee endorse the deferral of the Recreation Pricing Schedule review and Acquisition Plan review to enable this priority work to progress.
That a political reference group be approved to provide input to the Off-road Motorised Recreation Strategy for the Auckland Region and that the committee nominate three Councillors to be on this political reference group.
That the Parks and Heritage Committee delegates to the chair and deputy chair of the Parks and Heritage Committee and the general manager, parks (or his nominee) to work together with stakeholders, to investigate a range of options for improving safety and environmental impacts of Coast Road access onto Muriwai Beach. A recommended option and any associated costs to be reported back to the Parks and Heritage Committee for endorsement.
Attachment 2
____________________________________________________________
Muriwai Report February 2008.doc
Muriwai beach and Te Oneone Rangatira issues and options
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Lance Vervoort, General Manager Parks; and Jane Aickin, Group Manager Visitor Services and Assets: 10 January 2008
The report has been prepared in accordance with the provisions of section 76 and 77 of the Local Government Act 2002, having regard to section 79.
executive summary
The Muriwai Beach, Te Oneone Rangatira and South Head recreation area (see Attachment 1) is a precious, unique landscape and natural area. Visitor numbers to the area are high and growing rapidly.
Recreational use of the area includes walking, dog exercising, sunbathing, swimming, horse riding, mountain biking, fishing and motorised sports. Some of these recreation activities are not freely available elsewhere in the region or are only available part of the year, which puts even greater pressure on the area.
The range and nature of some of these activities means there is constant potential for conflict between different uses. The public health and safety risk has become all the more palpable following the well publicised and tragic death of a young girl on a Northland beach after being struck by a trail bike. Another example of conflict is a recent and severe dog attack reported within Muriwai Regional Park which has resulted in injury of three horses and their riders.
Damage to land and assets occurs on an almost daily basis.
Increased population pressures and declining costs associated with vehicle ownership and use, add to the pressures on this area. Problems that in the past have been difficult to manage, are now becoming more critical. If effective management responses are not put in place current patterns of use will lead to:
increased public safety risks,
alienation of responsible users, locals and general public,
unsustainable damage of dune system, flora and fauna,
reluctance or refusal by land owners to permit recreation activity,
ongoing and significant infrastructure costs for the agencies involved.
A range of issues as well as current and proposed responses are outlined in this report.
The report highlights that the Auckland Regional Council (ARC) and Rodney District Council (RDC) may wish to consider their role in relation to this issue. It is recommended that the ARC takes a discussion paper to partner organisations (in the first instance) to gain a greater understanding of the issues as well as gauging likely support for a range of responses.
The proposed role has budgetary implications for the ARC.
A presentation from ARC staff, NZ Police, Hancock Forest Management Ltd staff as well as attendance from RDC staff, will accompany this report.
B.1.1 Purpose
The purpose of this report is three-fold. First, it is to alert the committee to the range of ongoing management issues faced by various agencies, including the ARC, at Muriwai Beach and Te Oneone Rangatira and the adjacent South Head recreation area (herein after referred to as the area). In particular, the report discusses current recreation activities and conflicts, and the associated environmental effects.
Secondly, the report outlines short term actions currently being pursued and possible long term solutions which could be explored.
Finally, the report outlines potential options relating to the ARC taking on a greater role and involving a wider range of decision makers in the challenge of providing for regional recreation needs, reducing conflicts, health and safety risks and managing environmental effects. This report seeks committee consideration of the concept of taking a lead role in discussing this issue with other agencies and groups and developing a Heads of Agreement to capture the outcome of discussions.
B.1.2 Background
The area is a popular recreation destination for the people of the Auckland region. The area provides for a range of recreational opportunities that are either not freely available to the public elsewhere in the region (four wheel drive access to the beach, tree adventures, hunting) or not available at the scale and quality that is currently offered at Woodhill (all weather mountain biking, golfing, horse riding and trail bike riding).
However the range of activities, their close proximity to one another, and at times lack of easily recognised or accepted boundaries for different activities, result in the potential for conflict. Such conflict includes the risk of human injury or loss of life, as well as environmental damage, and community conflict.
The tragic death of Daisy Fernandez, on 31 December 2007, at Ripiro Beach in Northland has, unfortunately, highlighted how real and catastrophic the impacts of this conflict can be. Te Oneone Rangatira (north of Okiritoto Stream, see Attachment 1) is an area that is heavily used by trail bikes, four wheel drive vehicles, people, dogs and horses. Muriwai Beach and Te Oneone Rangatira are approximately 50 km long and there are four public vehicular access points onto the beach:
Wilsons Road, which is controlled by RDC.
Tasman and Rimmer Roads, which are controlled by Hancock Forest Management Ltd. Public access over these roads is legally provided for by easement in the Crown Forest Licence however Hancock Forest Management Ltd staff note that there is no obligation to maintain these roads to any particular standard. If these roads were not maintained (based on current use) they would quickly become impassable.
Coast Road, which, up to Okiritoto Stream (where the beach is accessed by the public), is part of Muriwai Regional Park and managed by the ARC. However, Coast Road also continues through the five mile strip and up the length of the Woodhill Forest running parallel with the beach. That portion is managed by Hancock Forest Management Ltd.
Note: vehicular access (other than to launch boats) is prohibited on Muriwai Beach i.e. South of Okiritoto Stream (although this is often ignored).
Vehicle numbers are monitored at Restall Road and Coast Road only. Numbers recorded at Restall Road equates to an average of 15,600 vehicles per month while Coast Road averages 10,000 vehicles per month. Using ARCs estimates of the average number of people who travel in each car the total number of visits to the area is at least 750,000. It will be considerably more given that these figures do not include other access points or foot traffic.
Due to the range of uses of the beach and the lack of controls, there is a real risk that the tragedy of Daisy Fernandezs death could occur at any time within this area.
The area is a precious and unique landscape and natural area. There is increasing demand for more recreation facilities, as Aucklands population grows, and urban (and non-urban) Aucklanders seek coastal and rural recreational activities. These range from young family groups, to horse riders, the elderly, disabled, and those involved in motorised sports. Many visitors act with consideration for their own and others safety.
However, the range of activities and multiple uses of some areas, including the beaches, means there is often the potential for conflict between different uses. For example, in early January, a severe dog attack was reported within Muriwai Regional Park which has resulted in injury of three horses and several riders (tourists).
There is a particular risk of conflicts where some (new, young or self absorbed) users are unaware of, or do not appreciate, the other types of activities that may occur in overlapping areas. The largely urban, recreational public assumes that they have right of access to this regional resource, without understanding the limitations or constraints. The range of recreation opportunities are generally not available elsewhere in the region. There is huge interest in better vehicle access to the west coast and recreation access to the Kaipara Harbour.
In particular, this area faces significant pressures because other four wheel drive opportunities are limited, and all non-beach opportunities in the Auckland region are on farmland, in private ownership, and access can cost up to $70 per vehicle. The most well publicised opportunity is Extreme 4WD in Peak Road, not far from the area. This particular private four wheel drive park is currently for sale and may therefore close in the near future. Some private four wheel drive parks close in winter due to impact of four wheel driving on clay soils in the rain. In contrast, the area is entirely sand based, which enables year round use.
Increased population pressures, and until recently, declining costs associated with vehicle ownership and use, add to the pressures on this area. Recreational vehicles, such as trail bikes can now be bought for less than $1,000, and often one trailer may arrive in the area with up to six bikes. Many users are not associated with clubs, have little experience, and simply head to the beach with their new toy.
Problems that in the past have been difficult to manage, are now becoming more critical. It is important that effective management responses are put in place as continued current patterns of use will lead to:
Increased levels of public safety risks: there is already anecdotal evidence of significant risks occurring between different activities whose requirements can result in conflicts, for example, trail bikes being driven over the sand dunes and jumping over surprised beach users sitting on sand dunes; horse riders being unexpectedly confronted by four wheel drives and trail bikes, posing risks to all involved; swimmers and beach walkers, including young children, sharing the beach with trail bikes doing wheelies. Hancocks have reports from ambulance staff of visits being required in the area on average twice or three times a week. While they report to Hancocks because they have used Hancocks access roads almost all of the incidents are recreation related. Staff consider it is a miracle that there have not been any fatalities as a result of conflicts. Deaths have occurred at Te Oneone Rangatira where four wheel drive vehicles have lost control in the unpredictable environment.
Alienation of responsible users, locals and general public due to high risk activity, perceived threats to personal safety, and damage to infrastructure. Reporting by locals and other responsible people is vital to assist the organisations involved to manage the issues.
Unsustainable damage of dune system, flora and fauna: there is concern about ongoing coastal erosion, and that the lakes in the area are significantly compromised. Vehicles can destroy or change the growing conditions of plants and animals, disturb wildlife (such as nesting birds and shellfish) and introduce weeds and pests to beach environments. Species that live or feed in the direct path of vehicles are more vulnerable, such as nesting birds or skinks. Some shellfish, who are normally deep in the sand, will float to the surface (and therefore be prone to damage) once a vehicle has driven over sand causing it to become semi liquefied. Sand dunes, as well as any beach area where there are important species such as dotterels or young shellfish, are particularly fragile to vehicle use.
Reluctance or refusal by land owners to permit recreation activity, some of which are exclusive to this area, along with very real difficulties in preventing activity. For example, Hancocks are primarily in the business of forest harvesting and in the interests of protecting its forestry resource, limit use and can close the forest at any time due to health and safety risks, including fire.
Ongoing and significant infrastructure costs for the agencies involved: signage erected by Hancocks or the ARC at times does not even last 24 hours, if it is seen as constraining activities; fences are routinely cut for access for activities, and trees are chain sawed if they are considered a barrier (and if either Hancocks or the ARC has left clear fell on a track it does not want used, it is chopped and removed).
Current Management
There are eight agencies that have a hands-on role in land management and/or management of public activity throughout the area (see Attachment 1).
Land Owners or Managers
Auckland Regional Council
Crown (managed under licence by Hancock Forest Management Ltd)
Department of Conservation
Ministry of Defence
Otakanini Topu
Rodney District Council
Recreation Management Only
Muriwai Volunteer Surf Lifeguard Association
NZ Police.
These eight agencies have encountered common issues from public use of the area including damage to infrastructure, environmental impacts, safety issues and other ongoing management challenges.
In 2005 the ARC first attempted to bring these agencies together, given the difficulties each was experiencing in managing issues of concern. The Joint Agency Management of Muriwai, or JAMM, is focused at an operational level with no formal agreement or mandate between agencies.
JAMM, as it currently exists, has no budget and has not formally engaged with tangata whenua, main decision makers or the community on these issues. However, it has become clear that without enough provision for recreation demand and without wider agency understanding, ownership or resourcing of the issues, the situation is deteriorating.
Experience to date highlights that to achieve sustainable outcomes, a high degree of community in-put and endorsement is required. To pursue solutions one or more agencies will need to take a lead and may also need to extend their current role(s).
JAMM has met six times since its inception in 2005. Initial participation was limited. At the last meeting, all agencies were well represented. With the exception of Otakanini Topu and the Muriwai Volunteer Surf Club, all representatives are staff of the agencies. The agreed role of the group is to coordinate education, promotion, enforcement and management in order to:
protect the coastal environment,
minimise risks to public safety on the beach,
remove the fire risk,
reduce the impact/cost of use/asset damage,
provide recreation information for public (access and options).
Initiatives since the inception of JAMM:
Increased understanding of jurisdiction/role and capacity within each agency and shared information on processes, promotion, enforcement etc.
Draft Communication Strategy.
Increase in signage (however corresponding damage through vandalism).
Information and articles in the media.
Coordination and increase in the reporting of incidents across all agencies (increased understanding of the issues).
Vehicles on Beaches, Implications for Rodney District Council, July 2007 (Attachment 2).
Vehicles on Beaches, Summary Fact Sheet, RDC (Attachment 3).
Educational flyer, ARC (Attachment 4).
Community newsletters (ARC).
Fencing (Hancock, ARC, DoC).
Increase enforcement (NZ Police, Hancocks via security firms).
Joint agency educational two page spreads for local suburban newspapers (still in production at time of writing report).
Improved information on websites (still in production at time of writing report).
The area has a number of constraints. These include (but are not limited to):
Muriwai Regional Park attracts visitors but has little capacity to cater for the diverse recreation demands.
A range of agencies with legislative responsibility but with different approaches, principles, effort and budget. It is not uncommon for one agency to advise the public to approach another where there are overlapping responsibilities.
The commercial realities of Hancock Forest Management Ltd, with its Crown forest licence, and Hancocks own recreational licensees.
Issues of rural fire risk that can at times see access to Woodhill Forest limited during the summer, when public interest and use is at its peak.
A NZ Defence bombing range.
A fishing season on the lakes.
Historic expectation and legal ability to access fishing, four wheel driving and horse riding along the beaches.
Tensions between the needs and perspectives of locals, versus the regional interest and use of the area.
A key consideration and potential constraint in relation to the development of a long term strategy and design, is the potential impact of Treaty settlements and the resulting change in management of areas of land.
Delicate ecosystems: Muriwai Beach and Te Oneone Rangatira have active sand dune systems, native sand binding plants (pingao, toetoe, spinifex, cottonwood) and are also planted with marram. This ecosystem is prone to extensive "blowouts" and constant erosion from foot and vehicle traffic. The area is home to the NZ dotterel, variable oystercatcher, and roosting migrant birds.
Site of regional significance: Papakanui Spit is an area of high fore dunes and rolling dune country of regional significance. Vegetation is predominantly sand grass and dune species, swamp grasses running into manuka shrub land, containing 12 species of rare or threatened native plant species. It is the only west coast breeding site for NZ fairy tern (nationally critical) and a nationally significant site for NZ dotterel, variable oystercatcher, banded dotterel, white fronted and caspian terns. The area is used by arctic migrants (godwits, knots etc).
Policy considerations: While there is no specific national policy that guides the use of vehicles on beaches, the Resource Management Act, Conservation Act, Transport Act, Local Government Act, NZ Coastal Policy Statement, Regional, and District Plans all include considerations to do with managing the use of vehicles on beaches. A summary of relevant portions of these policies and plans is included in Attachment 2, page 28.
In addition to the summary in Attachment 2, it should be noted that Chapter 16 of the Auckland Regional Plan: Coastal, includes provisions concerning disturbance of the foreshore and seabed. It states that generally, motor vehicles should avoid using the coastal marine area but where this is necessary, all practicable steps should be taken to avoid sensitive ecological and landform areas, including habitats of significant flora and fauna. In particular, damage to dunes, vegetation and scheduled cultural heritage sites must be avoided. In addition, any disturbance of the foreshore must be able to be remedied by the action of natural forces within seven days. The use of motor vehicles, except in emergency response, conservation management or when launching vessels, is prohibited within coastal protection area 1 zones. Attachment 1 shows areas zoned coastal protection areas 1 and 2.
In practice, when applying these provisions to Muriwai Beach and Te Oneone Rangatira (the bulk of which is zoned (CPA) 2), provided recreational vehicles keep to the foreshore or wet part of the beach below the dunes, and the vehicles do not make tracks so deeply rutted that the action of waves and tide are unable to smooth them over within the seven day period, such disturbance can be regarded as a permitted activity under the plan.
Tangata Whenua
The area lies within the rohe of Ngati Whatua and Te Kawerau A Maki.
The people of Ngati Whatua are actively involved in protecting this area and have a significant interest in the wellbeing of Te Oneone Rangatira. Ngati Whatua Nga Rima o Kaipara, Reweti Marae, Haranui Marae, Otakanini Topu and members of Nga Uri o Te Taou have all expressed their concerns over, and are active in providing guidance in relation to tikanga, manaakitanga, and kaitiakitanga.
Ngati Whatua tangata whenua have become so concerned that Ngati Whatua Nga Rima o Kaipara at short notice called a public hui on the access and environmental ecology issues of Muriwai, Te Oneone Rangatira and the South Kaipara Peninsula dune lakes. This was held during the day on 13 December 2007 and was attended by over 20 people.
Te Kawerau a Maki have not been actively involved in this initiative, however the ARC will continue to advise them on progress.
Deputation
A presentation will accompany this report. In order to update the Committee on some of the current operational initiatives underway in the area, the Kumeu Community Constable, staff from Hancock Forest Management Ltd and RDC staff will be present.
B.1.3 Analysis
Options
With the long term experience of the agencies involved in management of the area it is clear that there is not one solution to this issue. A range of responses will be essential and may include:
Education: This could range from simple actions that are currently being undertaken such as signage, publications and flyers but may also extend to more comprehensive and sustained engagement with the vehicle industry, clubs, user groups and the community, including ideas such as establishing a coast watch group. Clarity around rules and definitions would be helpful here, including the development of a code of conduct to ensure all agencies, clubs and stakeholders have a common understanding of location references and appropriate behaviour. A code of conduct might include such things as:
Driving is only permitted in areas of beach that lie between the foot of the dunes and the ocean. Driving on sand dunes is prohibited.
Vehicle usage shall be done in such a manner that disturbance to the foreshore, seabed, plants, animals, or their habitat is minimised.
Drivers of vehicles must proceed with due caution and consideration for other beach users.
Reckless driving and defacing the beach is prohibited.
Speed limit is XX kph within 200 metres of any other beach users or beach access way, unless more restrictive bylaws apply.
Nothing like this currently exists.
Closing the gates. This is unlikely to be sustainable in the short term. Firstly, it is very unlikely that the various agencies could enforce such an approach, even if they did manage to agree to it. Secondly, there is a lack of other options in the region for people for some of the recreational pursuits involved.
New spaces or larger spaces for trail bike riding and four wheel driving. The lack of provision is an issue that has been highlighted by recreation groups for years but a realistic regional response has not been investigated yet. Without new spaces to ride and drive, it is likely that any enforcement will fail. Therefore provision of new spaces in the region is an important component of the solution.
Bylaws. The tragedy in Northland has highlighted the option of looking again at changing the bylaw. All territorial authorities in the Auckland region have extended their district boundaries to enable bylaw control of beaches down to mean low water springs. RDC is now investigating the establishment of a working party to re-evaluate the recently approved bylaws, with the emphasis on ensuring public safety. Attachment 5 provides a summary of Northland Regional Councils (NRC) endeavours to review bylaws in light of increasing public safety concerns. ARC staff have recently made contact with the NRC and will be liaising with RDC and the NRC to understand what role the ARC could play (if any).
Expertise and knowledge. All agencies and stakeholders need to clearly understand the environmental, social and cultural impacts that vehicles have when driving on beaches, together with the economic and recreational benefits, derived from vehicle use of beaches. This will improve our understanding of the range of user groups, community needs, potential conflict points and management options.
Formal collaboration via engagement of decision makers and development of a Heads of Agreement. Effective management of the area is only likely to be possible, if the agencies involved work together to ensure that the competing needs of the different users and activities are catered for, and the environment is protected. While there is good operational cooperation between agencies, primary decision makers, who can influence such things as changes in roles and substantial resources, are not adequately involved. It is therefore recommended that a similar discussion paper is taken to other councils, boards and groups that have a role in the area, to seek feedback and input to solutions. A Heads of Agreement could be the culmination of these talks, capturing each agencys commitment and a pathway forward.
It is useful here to briefly review JAMMs current role and to consider its future.
JAMMs main achievement, is that it has built relationships at a staff operational level, across many of the agencies and groups with roles and responsibilities in the Muriwai/South Head area. JAMM is making a real difference at an operational level. The organisations involved now have a much greater understanding of the issues and responsibilities they each face, and who can provide support when needed, in different areas.
However, there are limits to JAMM. As an operational group JAMM does not include tangata whenua, sector organisations, or groups interested in particular recreational activities.
JAMM relies on the goodwill of members and does not have any formal agreement binding their role or resourcing their work. It continues to exist because of the benefits of mutual support and the effectiveness of working together.
The role and scope of JAMM could be formalised through a Heads of Agreement.
Increased role/mandate and resourcing from one or more agencies. As it stands, the challenges are only a minor part of the overall role of all agencies involved (with the exception of Muriwai Volunteer Surf Lifesaving) with little or no resource directed toward enforcement.
Joint communications approach (this could be based on the draft JAMM Communications Plan). This would provide a useful tool for managing the cross agency communications with the public; it is important the public is kept informed, is able to be involved, and has realistic expectations of what is likely to happen and when.
A more strategic and longer term solution that may make up part of the agreed joint agency outcome is the development of a strategy and concept design for the area. A Muriwai Beach, Te Oneone Rangatira and South Head Recreation Area Strategy (strategy), with an agreed common vision, and key actions with priorities could identify sustainable long term solutions. It may also need to be supported by regional recreation planning for trail bike riding, mountain biking, horse riding and four wheel driving as these needs may also be catered for outside the area.
Such a strategy could also help in building understanding of the range of recreational activities, as well as the range of user groups, their needs, and potential conflict points and issues, as well as the environmental effects. It could consider whether there are any significant information gaps, options and management implications.
The process used to develop such a strategy could help build awareness of the issues, and community buy-in to any suggested solutions. In addition, a strategy could explore how best to ensure appropriate commitment across relevant agencies and organisations.
The development of a strategy and concept design would enable the ARC to effectively plan for activities and impacts in the Muriwai Regional Park and other regional parks in the area, within the context of regional recreational needs. It would provide information about when facilities are likely to be required, if conflicts among different activities are be reduced or avoided. It would also support the achievement of environmental outcomes, given the ARCs responsibilities in the coastal area and for water quality, amongst other things.
In developing a strategy and concept design it would be helpful to consider a management forum that is reasonably tight, and comprised only of those agencies with an operational role in the area. This would need to be supported by extensive engagement with other key stakeholders.
The range of potential management partners and/or stakeholders (other than current JAMM members) and could include:
Tangata Whenua.
South Head and Muriwai local communities.
Wider Auckland regional community.
Sports and Recreation New Zealand (SPARC).
Auckland Regional Physical Activity and Sports Strategy (ARPASS). ARPASS is resourced to provide policy direction on a range of regional recreation issues from 2005-2010. Four wheel drive, mountain biking, trail bike riding and horse riding have not yet been programmed for work however joint agency efforts can attract support from ARPASS at any time.
Equestrian community.
ARC horse riding concessionaires.
Woodhill Forest concessionaires (Horse Park, Bike Park, Tree Adventures, Trail Bike Park, Quad Biking).
Auckland Mountain Bike Club.
Four wheel drive clubs (Rob Chisholm, President of Norwest OHV Club Inc, contacted RDC wanting to be involved in any discussion in light of the recent tragedy and subsequent publicity).
Trail bike riding groups/individuals.
Fishing clubs.
Environmental groups (Forest and Bird, Coast Care etc).
Technical experts.
Holding a community workshop early in the process would help ensure that public experience and expertise is used as a key input into the strategy. This may also help give a clear steer about priorities, and the issues that could be focussed on in the short, medium and longer term.
The draft strategy could be made available for public submission, both in terms of traditional written submissions, and through feedback forms at beach open days at licensee premises, and the like these can provide easier ways for the public to have input. Even though this is a difficult and controversial issue it is important that the joint agencies are honest and up front about the strategic direction for the area.
The strategys objectives could be along the lines of providing a holistic solution that maintains public access to a quality environment and a range of safe, accessible and sustainable recreation opportunities, while protecting environmental outcomes by 2012. This would require effectively managing public pressures, using a variety of tools, including effective design, investing in visitor and recreation infrastructure, education, information, security and management.
First Steps: A Joint Agency Field Trip
It would be helpful to further this discussion and build on the work that JAMM has done through holding a joint field trip in collaboration with the Rodney District Council. Senior management representatives of JAMM partner agencies in the relevant central government agencies, such as NZ Police, Department of Conservation and NZ Defence could be invited to attend.
The field trip would enable local politicians and appropriate managers to see the issues first hand, to discuss proposals for how best to approach their management, and a process for achieving that. If the field trip confirmed interest in any of the concepts identified above, it would be helpful to then schedule a further meeting in April/May to consider and possibly agree to the approach.
Timeline
The timeline for this summer and initial engagement with main decision makers to potentially progress a Heads of Agreement is likely to be:
Update RDC and ARC website content and publish double page education spread in local papers January 2008
Initiate bylaw review discussions February 2008
Discussions and field trip with relevant agencies/groups March to June 2008
Public meeting March 2008
Development of a heads of agreement June 2008
Consultation/sign off heads of agreement July to December 2008
Increased signage and education Summer 2008/2009
Commencement of strategy and design process June 2009
Implications of the Above for the ARC
The ARC is the agency best placed to provide the leadership and administrative support for the development of a Heads of Agreement and subsequent implementation, given its regional focus, and the number of roles it has in the area. These range from parks operations, to coastal, heritage, iwi liaison, and water quality. RDC is also in a position to take a lead in this due to its bylaw making powers and recreation role. RDC officers have been heavily involved in discussions to date and will be taking a similar discussion to their council in coming months.
The development of a Heads of Agreement and subsequent implementation actions would require clear co-ordination across the ARC and for the ARC to have an organisational view of the outcomes to be achieved in the area. This could be done through reports to the committee, and meetings of an internal staff group. Such staff could also be involved in any workshops, to ensure that the public is aware of the range of roles the ARC plays in the area, and the range of outcomes it has responsibility for. At the same time, the ARC would also need to be responsive to the needs of other agencies involved.
The proposed role has budgetary implications for the ARC.
B.1.4 financial implications
Current operational funding from some, or all of the agencies, covers:
ranger presence within the park and occasional staff presence within the defence land and Woodhill Forest,
basic signage and fencing,
limited security and enforcement,
media coverage and education within current staff capacity.
The proposed discussion and the development of a Heads of Agreement can be developed within existing resources so long as expectations of partners are well managed. Some support will be needed for facilitation and drafting.
Any increase in signage or education for the 2008/2009 summer will require funding. It is proposed that $10,000 be allocated in the forthcoming budget for this work from RDC, ARC and Hancock Forest Management Ltd. This will be enough to initiate some works but not all.
If the agreed actions are determined through the drafting of the Heads of Agreement, budget for future implications will be developed and put forward for consideration in the Long Term Council Community Plan.
However, if the Council wishes to take a lead in initiating further action a budget will be needed to be assessed and provided.
B.1.5 legal implications
There are no legal implications anticipated in progressing discussions as noted above.
There are current and substantial legal risks for Hancock Forest Management Ltd as they manage a full commercial forestry operation (place of work) whilst also managing public recreation use through the forest. Other landowners or managers have similar exposure to risk.
This dialogue and potential action is important with regard to each agency, particularly RDC as it relates to the foreshore area and the ARC as it relates to the regional park, discharging its duty of care obligations to visitors.
Any proposal for a local authority (RDC or ARC) to create a bylaw, transfer ownership or control of any activity or place will trigger the requirement to undertake a special consultative procedure in accordance with the Local Government Act 2002.
B.1.6 consultation
The suggested way forward, as outlined above, is to discuss a joint management approach with current JAMM partners and tangata whenua while also seeking input from the wider community and user groups. A formal plan and consultation process can be written following discussion with partner agencies.
attachments
Attachment 1A - Map of northern area.
Attachment 1B - Map of southern area.
Attachment 2 - Vehicles on Beaches, Implications for Rodney District Council, July 2007.
Attachment 3 - Vehicles on Beaches, Summary Fact Sheet, RDC.
Attachment 4 - Educational flyer, ARC.
Attachment 5 Northland Regional Council Summary.
recommendationS
That the report be received.
That a field trip be arranged in collaboration with Rodney District Council and senior representatives from Hancock Forest Management Ltd, and the New Zealand Police, New Zealand Defence, the Department of Conservation, Ngati Whatua, Otakanini Topu, Te Kawerau A Maki and the Muriwai Volunteer Surf Club be invited to attend as a means of briefing these agencies on the issues and discussing a joint agency approach.
That the Parks and Heritage Committee agree to lead discussions with other agencies on the issues and options and the principle of developing a joint agency approach captured in a Muriwai Beach and Te Oneone Rangatira and South Head Recreation Area Heads of Agreement.
That officers report back to the committee following consultation with other agencies in accordance with the timeframe noted in this report.
That the committee note that taking a lead in these discussions and a joint agency approach will have budget implications in 2008/2009 and subsequent years.
Committee Secretary: 7 February 2008
Ms Jane Aicken gave a powerpoint presentation and answered questions from the members. Constable Anna Crane, NZ Police, Ms Andrea Collings, Hancock Forest Management Ltd and Mr Gavin Flynn, Rodney District Council spoke and answered questions from the members.
RESOLVED
That the report be received.
That the Council Chairman invite the Ministers of Police, Environment, Transport and Conservation, the Mayor of Rodney District Council, Iwi authorities and other relevant agencies to support the development of an urgent plan of action that provides for improved and consistent management of Vehicles on Beaches.
That a field trip be arranged in collaboration with Rodney District Council. Senior representatives from Hancock Forest Management Ltd, and the New Zealand Police, New Zealand Defence, the Department of Conservation, Ngati Whatua, Otakanini Topu, Te Kawerau A Maki and the Muriwai Volunteer Surf Lifesaving Club to be invited to attend as a means of briefing these agencies on the issues and discussing a joint agency approach to management.
That Chair and Deputy Chair of the Parks and Heritage Committee lead discussions with other agencies to develop an urgent plan of action for management of Muriwai Beach and Te Oneone Rangatira and South Head Recreation Area.
That a public meeting be convened by the Auckland Regional Council to discuss the issues and potential solutions.
That officers report back to the committee following discussions with other agencies in accordance with the timeframe noted in this report.
That the following potential solutions be considered during the 2008/09 Annual Plan deliberations:
i. Research the demand for recreational motor sport and report back on alternative options available to cater for this demand.
ii. Supporting an interagency education and enforcement campaign including increased signage, advertising and beach patrols.
Attachment 3
Attachment 4
A
Coromandel 
Whangamata 
Information
How To 
Weather 
Advertising 
