Conservation (Whirinaki Conservation Park: Vehicles) Regulations 2011

2011/127

Coat of Arms of New Zealand

Conservation (Whirinaki Conservation Park: Vehicles) Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of May 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 48(1)(f) of the Conservation Act 1987, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1  Title
  • These regulations are the Conservation (Whirinaki Conservation Park: Vehicles) Regulations 2011.

2  Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3  Interpretation
  • In these regulations,—

    applicant means a person who applies under regulation 5(1)

    drive includes—

    • (a) take onto; and

    • (b) ride; and

    • (c) take onto and ride

    vehicle includes—

    • (a) a specific vehicle; and

    • (b) specific vehicles; and

    • (c) a particular kind of vehicle; and

    • (d) particular kinds of vehicles

    walking track

    • (b) includes—

      • (i) 1 or more walking tracks; and

      • (ii) a part or parts of 1 or more walking tracks.

4  Grants of permits
  • The Director-General may grant a permit authorising the driving of a vehicle on a walking track.

5  Limits on grants of permits
  • (1) A person who wants the Director-General to grant a permit under regulation 4 must apply to the Director-General in writing or electronically asking for the permit.

    (2) The Director-General must decide—

    • (a) whether the permit should be granted; and

    • (b) if it should be,—

      • (i) for which vehicle; and

      • (ii) for which walking track.

    (3) The Director-General may grant the permit if the driving of the vehicle on the walking track is consistent with every applicable conservation management strategy and conservation management plan.

    (4) The Director-General may grant the permit to—

    • (a) the applicant as an individual; or

    • (b) a group of persons that the applicant represents.

    (5) The Director-General must fix the period for which the permit is granted.

    (6) The Director-General may impose conditions on the authorisation in the permit.

    (7) The permit must be in writing.

    (8) The permit must set out the Director-General's decisions under subclauses (2) and (4) to (6).

6  Extension and revocation of permits
  • (1) This regulation applies to a permit granted under regulation 4.

    (2) The Director-General may —

    • (a) extend the period of application of the permit:

    • (b) extend a condition in the permit:

    • (c) amend a condition in the permit:

    • (d) revoke a condition in the permit:

    • (e) revoke the permit.

7  How extension or revocation notified
  • If the Director-General acts under regulation 6(2), the Director-General must give written or electronic notice to the person to whom the permit was granted as an individual or as a representative of a group.

8  Publication of notices
  • The Director-General may publish a notice authorising the driving of a vehicle on a walking track.

9  Limits on publication of notices
  • (1) This regulation applies to a notice described in regulation 8.

    (2) The Director-General must decide—

    • (a) whether the notice should be published; and

    • (b) if it should be,—

      • (i) for which vehicle; and

      • (ii) for which walking track.

    (3) The Director-General may publish the notice if the driving of the vehicle on the walking track is consistent with every applicable conservation management strategy and conservation management plan.

    (4) The notice must apply to the public generally.

    (5) The Director-General must fix the period for which the notice applies.

    (6) The Director-General may impose conditions on the authorisation in the notice.

    (7) The notice must set out the Director-General's decisions under subclauses (2), (5), and (6).

10  Extension and revocation of notices
  • (1) This regulation applies to a notice published under regulation 8.

    (2) The Director-General may publish a further notice—

    • (a) extending the period of application of the notice:

    • (b) extending a condition in the notice:

    • (c) amending a condition in the notice:

    • (d) revoking a condition in the notice:

    • (e) revoking the notice.

11  How notices published
  • The Director-General publishes a notice under regulation 8 or a further notice under regulation 10 by publishing it on the department's Internet site.

12  Regulations do not limit or affect other enactments
  • These regulations do not limit or affect the requirements in or under any other enactment relating to vehicle use or operation.

13  Offences
  • (1) This regulation does not apply to—

    • (a) the Director-General:

    • (b) the Director-General's delegate:

    • (c) the Minister of Conservation:

    • (d) the Minister of Conservation's delegate:

    • (e) employees of the Department.

    (2) A person who drives a vehicle on a walking track commits an offence, unless subclause (3) or (4) applies to the person.

    (3) The person does not commit an offence if the person is responding to an emergency involving danger to life or property.

    (4) The person does not commit an offence if the person has express authorisation under—

    (5) A person convicted of an offence under subclause (2) is liable to a fine not exceeding $5000.


Schedule 1
Description of walking tracks

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Co-ordinates
  • In this schedule, all co-ordinates are in NZ Transverse Mercator (NZTM) format.

1  Whirinaki Recreation Camp Short Walks
  • Wiremu Merito Reserve Track

    StartOld Te Whaiti Road (BG39 251195)
    EndWiremu Merito Memorial Area (BG 39 251193)
    Length1.9 km

    Starts on Old Te Whaiti Road adjacent to the entrance to the Whirinaki Recreation Camp. The Track climbs and follows a ridge above the Old Te Whaiti Road before passing the intersection with the Recreation Camp Lookout Track. The Track then continues a short distance south then east before descending and returning to the Wiremu Merito Memorial Area where the Track ends.

  • Recreation Camp Lookout Track

    StartIntersection Wiremu Merito Reserve Track (BG39 248193)
    EndOld Te Whaiti Road (BG 39 251197)
    Length1.4 km

    Starts midway along the Wiremu Merito Track. The Lookout Track climbs a ridge and proceeds north to the lookout (BG39 249196). From this point the Track descends down to end at Old Te Whaiti Road.

  • Recreation Camp River Loop Track

    Start/EndWhirinaki Recreation Camp (BG39 252195)
    Length1.1 km

    Starts and ends at the Whirinaki Recreation Camp. The Track entrance is at the northern edge of the Recreation Camp and descends along a river terrace to reach the Whirinaki River. The Track then follows the River downstream on the true left bank for 250m before climbing back up the river terrace and returning to the Whirinaki Recreation Camp where the Track ends.

2  H Tree Track
  • Start/EndOld Fort Road car park B38 224165)
    Length2.2 km

    Starts at Old Fort Road car park (B38 224165) heading north for a short distance before turning back and crossing the Whirinaki Mountain Bike Track at intersection (BG38 221166). From this point the Track continues for approximately 400 m until it reaches a large rimu tree notable for its unusual “H” shape (BG38 223164). The Track then continues for a short distance before turning east then north and then returns to the Old Fort Road car park where the Track ends.

3  Forest Sanctuary Loop Track
  • Start/EndSanctuary Road car park (BG39 243137)
    Length2.3 km

    Starts and ends at the Sanctuary Road car park and bridge (BG39 243137) which is on the north-east side of the Minginui Stream. The Track crosses a bridge over the Minginui Stream and climbs through a number of small terraces and follows a loop before descending and returning to the bridge and car park where the Track ends.

4  Waiatiu Falls Track
  • StartWaiatiu Falls car park (BG38 218127)
    EndWaiatiu Waterfall (BG38 208129)
    Length1.6 km

    Starts at the car park on River Road (BG38 218127) and proceeds southwest crossing a small bridged stream before climbing via a short ridge to a terrace. The Track heads south descending and crossing a number of small bridged streams then further south to the bridged Waiatiu Stream. The Track then climbs over a small rise before descending to a viewing platform overlooking the Waiatiu Waterfall at the end of the Track (BG38 208129).

5  Arohaki Lagoon Track
  • StartArohaki Lagoon car park (BG38 205122)
    EndArohaki Lagoon viewing platform (BG 38 184121)
    Length2.7 km

    Starts at the Arohaki Lagoon car park, adjacent to River Road (BG38 205122) following an old disused hauling track in a westerly direction before descending and crossing the Waiatiu Stream. The Track follows a spur and climbs to a terrace before continuing west and reaching a viewing platform at Arohaki Lagoon at the end of the Track (BG 38 184121).

6  Moerangi Track
  • StartOkahu Road end car park (BG39 314122)
    EndRiver Road car park (BG38 217127)
    Length38 km

    Starts at the Okahu Road car park (BG39 314122) and proceeds south for approximately 6.6 km climbing a saddle then descending into the catchment of the Whangatawhia Stream to reach Whangatawhia (Skips) Hut (BG39 304073). From the Hut the Track continues south for approximately 5 km climbing out of the Whangatawhia catchment and descending along a ridge to Te Wairoa (Rogers) Hut (BG39 293038).

    From Te Wairoa (Rogers) Hut the Track proceeds in a westerly direction for approximately 8 km on the true right of the Moerangi Stream until reaching the Moerangi Hut side-branch intersection (B38 239047). At this point a short side-branch of the Track leads south to Moerangi Hut (B38 236047). From the side-branch intersection the Track continues north following the Moerangi Stream then leaves the Stream and climbs over a saddle then traverses the western face of Moerangi ridge and descends in a northwest direction following a ridge before joining an old disused 4WD road at (BG38 228 097). The Track follows the road which travels north for approximately 1.5 km before departing from the road alignment (BG38 226113) and descending to the intersection with the Whirinaki River Track (BG38 219115). From this point the Track follows the River downstream for approximately 1.5 km to the Te Whaiti Nui a Toi Canyon bridge (BG38 220121). The Track proceeds northwest for approximately 50 m to the intersection with the Whirinaki River Track (BG38 219214). The Track continues northwest for approximately 850 m and ends at the River Road car park (BG38 217127).

7  Whirinaki River Track
  • StartIntersection with Moerangi Track (BG38 219115)
    End 1Plateau Road car park (BG38 158967)
    End 2Intersection with Te Hoe Track (BH38 205929)
    Length44.3 km

    Starts at the intersection with Moerangi Track (BG38 219115) and proceeds approximately 1.8 km south following the Whirinaki River upstream to the Mangamate Stream bridge and Mangamate Track intersection (BG38 214096). The Track continues south for approximately 1 km before reaching a junction at (BG38 209 089) where the Track returns via a loop downstream. The return loop of the Track crosses the Whirinaki Waterfall bridge and Waterfall (BG38 208090). The Track then continues north on the true left of the Whirinaki River to re-join with the Moerangi Track at intersection (BG38 219214). From the junction with the return loop (BG38 209089) the Track continues for approximately 2 km south following the Whirinaki River upstream and reaches Vern’s campsite (B38 199076) and then continues south for a further 6 km reaching Central Whirinaki Hut (BG 38 173023).

    From Central Whirinaki Hut the Track continues southward and after approximately 1.6 km reaches an intersection with the Mangamate Track (BG38 180006), after a further 1.5 km the Track reaches an intersection known as the Caves swing bridge (B38 174992). At the Caves swing bridge the right branch of the Track proceeds south-west approximately 2.5 km until the Track’s first endpoint at Plateau Road car park (BG38 158967). From the Caves swing bridge intersection, the Track continues south approximately 2 km to reach a second intersection with the Mangamate Track (BG38 182974). At this intersection point the right branch of the Track proceeds west for approximately 3 km until the Track’s second end point at Plateau Road car park (BG38 158967). From the second intersection with the Mangamate Track at (BG38 182974) the Track continues south approximately 5 km until the Track’s third endpoint at its intersection with the Te Hoe Track (BH38 205929).

8  Mangamate Track
  • Start(BG38 214096)
    End 1(BG38 180006)
    End 2(BG38 182974)
    Length17.4 km

    Starts at the intersection with Whirinaki River Track (BG38 214096) and follows the Mangamate Stream approximately 3.6 km south until it reaches a small clearing at (BG38 212060). The Track leaves the stream and climbs via a spur approximately 2 km to Mangamate Hut (BG38 205038). From Mangamate Hut the Track continues south along a spur then descends to the Kakanui Stream, the Track follows the Kakanui stream south before leaving the stream and climbing south over to the Taumutu Stream catchment. The Track continues south for approximately 4 km to reach the Taumutu Stream where the track divides at (BG38 188003).

    From the divide point (BG38 188003) the right hand branch of the Track proceeds west following the Taumutu Stream approximately 300 m downstream until the Track’s first endpoint where it intersects with the Whirinaki River Track (BG38 180006). From the divide point (BG38 188003) the Track proceeds south for approximately 3 km following the Taumutu Stream upstream to a point where it leaves the stream and climbs up and over a small saddle before descending to Upper Whirinaki Hut (BG38 189976). From Upper Whirinaki Hut the Track proceeds south-west approximately 200 m following a small stream a short distance until it intersects with the Whirinaki River Track where the Track ends (BG38 182974).

9  Te Hoe Track
  • StartTe Wairoa (Rogers) Hut (BG39 293038)
    End Pukahunui car park (BH38 170918)
    Length35.2 km

    Starts at intersection with Moerangi Track near Te Wairoa (Rogers) Hut (BG39 293038) and proceeds south passing the Collins campsite (BG39 281025) and then after approximately 8 km passes a short side-branch of the Track which accesses Mangakahika Hut (BG39 276979). The Track continues south for approximately 9 km until it reaches another short side-branch (BG39 274975). This side-branch of the Track is approximately 600 m long and crosses a bridge over the Te Hoe River before reaching Central Te Hoe Hut (BG39 268912). From the intersection with the Central Te Hoe Hut side-branch (BG39 274975) the Track proceeds north-west sidling the Te Hoe bluffs then climbs steeply to the ridge line. The Track follows this ridge before descending to the Te Hoe River, then crosses the Te Hoe River via a bridge and then climbs a short distance to the Upper Te Hoe Hut (BG38 228944). From the Hut the Track climbs steeply to the ridge line then follows the ridge and passes the intersection with Whirinaki River Track (BH38 205929). The Track continues west for approximately 6 km until it descends and ends at the Pukahunui car park (BH38 170918).

Schedule 2
Map of walking tracks

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.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prevent people using vehicles on walking tracks in the Whirinaki Conservation Park as a general rule. The regulations also provide for exemptions from the general rule. A person who uses a vehicle on a walking track and is not covered by an exemption commits an offence.

The regulations come into force 28 days after they are notified in the Gazette.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 May 2011.

These regulations are administered by the Department of Conservation.