Proposed Cape Palliser access bylaw raises concerns
Herenga ā Nuku has strongly opposed a South Wairarapa District Council proposed bylaw restricting public access on an unformed legal right along Cape Palliser’s coastline.
In its submission to the council, the Commission argues the bylaw is legally flawed and overreaches council authority. “The proposal attempts to control behaviour on adjacent private and ahu whenua land by restricting access to a public road,” the submission states.
The council’s draft bylaw was prompted by concerns from Ngāti Hinewaka over environmental damage and cultural disrespect to the area. The bylaw would prohibit all access—including pedestrian and cycling—for at least three years.
Herenga ā Nuku's strategic relations manager, Doug Macredie, says public access routes can benefit tangata whenua and support mana whenua practices and uses of natural areas.
“The tikanga of mana whenua is critical in finding a solution to caring for all lands. Public access rights over unformed legal roads can be consistent with mana whenua interests because they allow traditional access to land and sea for all people with mana whenua connections.”
Herenga ā Nuku contends the bylaw sets a dangerous precedent. “There is no legal distinction between an unformed rural road and a formed urban street,” the commission notes in its submission.
Councils should pursue such measures through the Local Government Act’s road stopping provisions—which place legal value on public access rights—rather than this novel bylaw approach.
David Barnes, Herenga ā Nuku’s Wairarapa field advisor, has urged the council to amend the bylaw to protect the environment without removing public access.