Access to Lake Hawea spot maintained for summer

The Queenstown Lakes District Council has been successful in ensuring public access to the Kidds Bush reserve on the shores of Lake Hawea remains open over summer, Queenstown Lakes District Council general manager regulatory and corporate Roger Taylor said. 

The application for an interim injunction was heard before Judge Fogarty in the High Court in Christchurch yesterday.  

“An offer was put forward by the lawyers representing Hunter Valley Station to keep the road open until the more substantive hearing could be held,” Mr Taylor said. 

The judge issued an oral decision that recorded that the station had given an unconditional undertaking to allow public access until further order of the court. 

“That has the same effect as a court order and protects access over the road pending the hearing set down for 11 April, 2011,” Mr Taylor said.  

The fact that access had been secured and an early hearing date had been set were positive outcomes, he said. 

The court reserved its position in terms of awarding costs but if Council was successful at the substantive hearing it would be entitled to costs for that hearing and also for the interim injunction hearing.  

“We would hope that given this outcome there might be the possibility of reaching a settlement of the issue through negotiation, without further court proceedings, certainly that is always our preference in matters of this nature,” Mr Taylor said. 

The judge noted yesterday that it was quite proper for the Council to be concerned about any step to impede public access. He also acknowledged the station’s concern about disorder in recent years. 

“What he said was that bad behaviour should be dealt with by the Council, which could order the road closed,” Mr Taylor said. 

That was the case with any public access road. 

“There is no lack of agreement on the Council’s part that unruly or unacceptable behaviour will not be tolerated in the public estate but it needs to be dealt with appropriately by the right authority, be that the Department of Conservation, Police or Council,’ he said.