Mangapurua Road

Ruapehu Bulletin, 8 September 1992, Page 4

Mangapurua Road

• I would like to thank Mr Simmons of the Department of Conservation for his factual answers to my previous correspondence. After careful reading and researching I am still not sure how his Department managed to convince the Department of Lands and Survey Crown Ministers that they had the authority to close the Mangapurua Road. Research shows that this was never given or delegated to them by the Waimarino County Council.

The facts are these: There are two methods by which roads can be legally closed. Both are contained in the Local Govemment Act 1974. The first is Section 323 which gives the Crown the right to resume unformed roads after notice has been given to the Local Authority by the Minister of Lands and the notice subsequently gazetted. The second method is when the road is stopped by the Local Authority under Section 342 of the Act. This section of the act provides for the democratic right of objection and a review of the decision by the Planning Tribunal. I contend that, as the Mangapurua Road was a formed road, the available method of closure was only by Section 342 of the Local Government Act 1974. Failure to observe the correct procedure has meant that land owners and road users have been denied their democratic rights. I respectfully suggest that by way of remedy that the Department of Conservation retract their closure of the Mangapurua Road and take their surveyed plans to the Ruapehu District Council and ask Council to close the road so that the democratic process can take effect. I hope that the Department of Conservation view with concern their failure to act correctly within the law. It would appear that in their rush to stamp their authority on the Mangapurua Valley they have acted with blind enthusiasm, only concerned with their own destiny. This matter is obviously going to go to a higher authority so this will be my last correspondence to the Editor on this subiect.

JB

Martin