Court challenge for Molesworth closure

Brochures from DOC also ‘‘misleadingly’’ omitted several other public roads, Hydes said. That was clearly a mistake given those areas were previously recognised by government authorities as public road and were never lawfully closed, he said.

‘‘LINZ could fix this situation easily by recognising all of Acheron Road as public road. But so far it has chosen not to,’’ Hydes said.

‘‘The public’s access to our back-country must be protected. PANZ is bringing these proceedings because we want all New Zealanders to have the opportunity to share in this unique landscape and history.’’

LINZ surveyor general Anselm Haanen confirmed the department had been in communication with PANZ about public access for several years.

‘‘Molesworth Station is a reserve held under the Reserves Act 1977, administered by DOC. It is not Crown land (which is held under the Land Act 1948) and is not under the umbrella of LINZ,’’ Haanen said.

‘‘PANZ has asked LINZ to alter the cadastral survey map to show certain strips as legal road. Depicting the road as legal in the cadastral maps advises the public the road can be legally accessed.

‘‘Whether the strips are, or are not, legal road affects the ‘‘Whether the strips are, or are not, legal road affects the ownership of that land. If they are legal road, then that land is owned by Marlborough District Council (MDC) and it has financial responsibility for them. The New Zealand public has the right to access legal roads. If they are not legal road, then that land is reserve and is administered by DOC.’’

LINZ could not update the cadastral maps, or official public road records, as it did not have the authority to determine road legality, Haanen said. ‘‘LINZ typically adds new roads on the cadastral maps when it receives survey plans in accordance with the Public Works Act 1981.

‘‘However, in the case of Acheron Road on Molesworth Station, the historical survey records and the related legal processes are unclear. LINZ has therefore advised PANZ that the best ways of clarifying the status are either with the MDC and DOC, or through the courts.’’

LINZ would update the cadastral maps in accordance with a court ruling, Haanen said.

PANZ had campaigned to protect public access before, including to protect Queen’s Chain access along river banks, lakes and sea shores, and advocated for tenure reform and public access in the South Island back country, with a particular interest in defending rights of passage on public roads.

The proceedings, filed in the High Court at Wellington, were against the Attorney General in relation to actions of the Chief Executive of Land Information New Zealand (LINZ) and against the Surveyor-General as the statutory office holder with responsibility for the integrity of the government’s official record of survey data.

The importance of Acheron Rd was made clear after the Kaiko¯ura earthquake in 2016, Hydes said.

‘‘Despite Acheron Road offering a good alternative route, it was shut down by DOC, which meant that all traffic had to use the Lewis Pass route, which quickly became congested.

‘‘If the Molesworth roads were confirmed as public road for their full length, travellers would have enhanced access from Canterbury to Nelson and Marlborough all year round.’’

STU HUNT/STUFF FROM Page 1 Taking in the view from the top of Island Saddle.