Dispute over Omanawa Rd duty

Upper Omanawa Road residents are hoping a meeting with Western Bay of Plenty District Council staff today will help resolve a simmering dispute over the state of the metal road.

Nearly 30 people live past the end of the tarseal and one dairy farmer is saying his livelihood is now threatened by the council's refusal to take responsibility for the road.

Omanawa Road farmer Trent Hayman wants the road maintained.

'There are two big dairy farms up here, very large dairy farms,” says farmer Trent Hayman.

'Fonterra is at the stage where they are going to refuse to pick up our milk, which is tens of thousands of dollars' worth of milk daily. It's a massive issue and we are just at the end of our rope really.”

In the past the road was maintained by the forestry owners, says Trent. The forestry owners have since stopped using the road and he says its maintenance should now be the responsibility of district council.

'And the council has flat out refused, or they are just making up so many excuses why they shouldn't have to do it.

'There are 27 permanent residents up here in total and we've all got kids in school. My wife alone, she does 26km a day on that road.

'It's at the point now where it's almost impassable by a non-four wheel drive vehicle. Imagine if there was an accident and we've got to get an ambulance, or a fire engine up here.”

Western Bay of Plenty District Council group manager of engineering services Gary Allis says the council has never been responsible for maintaining the 4 kilometre section of road.

It was a paper road adopted and formed by the forestry owners.

'While it's been formed by previous users it's never been formed or maintained by council,” says Gary.

'Council has not previously maintained it. The road currently does not meet council policy for taking over maintenance.”

Under council policy a private road has to be on the correct alignment and upgraded to council standard to be taken over.

Because of the difficulty and costs involved, the policy was relaxed a bit late last year, says Gary. But the road in question still has to be either tracking within the paper road boundaries, or the landowners have to agree to a land swap.

'The issue is a several hundred metre section is actually on adjoining land,” says Gary.

A meeting with the land owners before Friday's 4pm meeting with residents may resolve the issue.

10 comments

Policy vs Statute

Posted on 20-06-2014 07:35 | By mizprint

Yeah that old chestnut. Too often you hear the term 'policy' bandied about & Western Bay Council love this term. Dig deeper & you may find their legal obligations are quite different. Remember that legal requirements override policy every time.


Why should ratepayer pay for private road?

Posted on 20-06-2014 09:47 | By Annalist

There are heaps of unsealed public roads in the western bay. If the ownership of this road is not public, then please don't use my rates money to fund it in any way.


GO FARMERS

Posted on 20-06-2014 10:57 | By SpeakMyMind

I had recently been up there to drop a family member off and if he wasn't in the car to tell me there is a massive pot hole well you might as well say I would have been buggered especially if I was following the recommended speed limit hitting that pot hole at 50 would definitely do some major damage not only to the vehicle but to the occupants of the vehicle also.I have been ringing the council most days also as my younger brother has to use this road daily and I am constantly worried for his safety!I see people using that road all the time and its not just the farmers a couple of weeks ago I had to tow an old couple out of a pot hole they were also out of reception so they couldn't ring road side assistance lucky I was visiting my brother


Go Farmers

Posted on 20-06-2014 13:22 | By Kaimai

If council are collecting rates from people / landowners up the top of Omanawa Road then perhaps a road should be maintained - if the public are using the road under the impression that it is a road and not a driveway, then council should maintain it. Does council need a coroner to explain council responsibilites.


Caveat Emptor

Posted on 20-06-2014 14:46 | By The author of this comment has been removed.

All the residents bought those properties fully aware that this was a paper road, therefore their responsibility. To now say it is the council's responsibility is ridiculous. It is their collective responsibility to maintain their private road. If it is falling apart it is from their own lack of maintenance.


Ratepayers pay for things we already shouldnt....

Posted on 20-06-2014 15:25 | By SpeakMyMind

I highly agree with Kaimai, people are under the impression it is a road and not a drive way. There are also lodges up there which local schools in the area use people from out of town, locals... it shouldn't be about the ratepayers money it should be about the safety of the people who have to travel down that road.


So facts before emotion ...

Posted on 20-06-2014 15:36 | By Murray.Guy

The complainants have an access that has been created privately, maintained privately, for the benefit of private persons, including former forestry interests, in part on private land, that has fallen into disrepair because the users have chosen NOT to maintain it - and now they want other ratepayers to sort out their access. Which part have I read incorrectly?


not

Posted on 20-06-2014 19:16 | By Capt_Kaveman

hard to get some metal and spread it around think with enough living here they could pull together and do it them selves


They people up that rod have tried

Posted on 24-06-2014 11:20 | By SpeakMyMind

The farmers up that road were prepared to take their own tractors and grading machines up there to fix it themselves they have been told they are not aloud to do anything about the road. so if the road was formed by former forestry interests why wasn't it left in a maintained state ? may I add that people of the western bay live up there they also pay rates and taxes just like every other person in this town but when they are trying to do something about the sate of this road nothing happens ? what has to happen for something to be done about this ? an accident to occur beyond the tar seal and emergency services not being able to get to the destination? because the people up that road have tried to do something about fixing it them selves so what's next?


Your right its Not hard to get some metal and fill in the HUGE holes

Posted on 24-06-2014 13:06 | By SpeakMyMind

but it is hard when you have been told you are not aloud to do anything to the paper road because part of it falls on to Maori land?. You would think since the local council owns and administers all roads in the district (except highways) it is responsible for paper roads that they would lead the process and get something done.


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