VAHRYOUS THOUGHTS
The prosecution of 4WD organisations late in 2019 reinforces at least two things: 1) that our recreation needs to recognise the implications of the Resource Management Act (RMA), and that 2) if circumstances do result in a prosecution against a group or club, an option for protection to limit personal liability, is through an Incorporated Society… or is it?
We’re increasingly seeing ‘informal’ groups of 4x4 enthusiasts linked through internet social media and often posting photos of their activities. It appears that a significant source of the prosecution evidence in the case against the club last year, was images of their event found on social media.
So, a group of 4x4 enthusiasts who made contact via social media go four-wheeling somewhere and create muddy water that prompts a complaint to a local authority and a prosecution results in financial penalty… someone will probably go broke!
The risk is now very evident that four-wheeling is going to be a target for local authorities who have communities that are sensitive to environmental damage. It’s going to be easy to create a case against a four wheeler if you’ve been identified as having been in an area and subsequently muddy water is identified downstream of that area. It may of course not be a consequence of the vehicle use and simply natural erosion, but undoubtedly it will be attributed to any vehicle activity.
Of course, that’s always going to be difficult to identify if a rain event generates silt laden run-off; was it natural siltation, or vehicle induced? With no data on what the natural silt levels are, it will always be difficult to argue that vehicle use did not contribute to the silt load of a watercourse.
However, the website of Incorporated Societies (https:// is-register.companiesoffice.govt.nz/) lists advantages of being registered, including…”Members cannot be personally liable for the society’s debts or other obligations unless: they apply to activities undertaken to obtain money for profit that personally benefits those members, or they relate to unlawful activities. In these cases, every member involved is personally liable.”
That last sentence does create food for thought in respect of the RMA, as it would seem that the commonly held belief in there being no personal liability, may not actually apply in the case of a successful RMA conviction for unlawful discharging of silt into a watercourse! Even more incentive to avoid circumstances that could trigger investigation by local authorities.
However, back to those followers of informal groups linked by social media; they are still very exposed to risks under the RMA, the Health and Safety at Work Act, Adventure Activities Regulations, etc. and need to think about the potential impact on their personal lives.
Some vehicle manufacturers seem to still believe that there’s a future in being able to drive off sealed roads, even if it’s likely to be powered by electricity. Just don’t expect it to be a vehicle produced by General Motors for the New Zealand market like their recently announced 11,500 pound-feet of torque claim for the upcoming Hummer EV supertruck.
Volkswagen are moving to expand their offerings for the recreational market, including a follow up to their concept ‘ID Buggy’ that was presented at the 2019 Geneva Motor Show and subsequently in February 2020 it was reported that “Volkswagen is on the verge of giving the green light to a new rugged electric 4x4 SUV for 2023; an ID-branded SUV to rival the upcoming BMW iX3 and Mercedes-Benz EQB. “
Possibly quite a while yet before we see many electric vehicles ‘off-road’ here in New Zealand, but I suspect that they’ll be popular in some other parts of the world.
It’s intriguing to see the appearance of four wheeling as a recreation in various parts of the world and how it’s being used to encourage visitors to otherwise unattractive locations such as …
“TEHRAN – Rig Jenn (“Dune of the Jinn”), a barren desert situated in central Iran, will host motorists driving a variety of
4WD cars for a rally scheduled to be held on February 20 and 21. According to organisers, the event is aimed to promote domestic tourism; an appropriate safari culture without damaging the nature and the environment; knowledge and driving skills in the desert; social vitality: and finally to encourage practical assistance between participants.”
Sounds rather fun to have a ‘barren desert’ to play on, although the neighbourhood invokes images of ongoing armed struggles, rather than recreation. I note that even they emphasise the avoidance of damaging the environment, but I doubt if participants need to yet concern themselves with local government invoking legislation like the RMA.
While Moab UT may not have a RMA either, they have just introduced rules around human waste. “To reduce damage to natural and cultural resources and to provide for public safety, the following ORDINANCE 604 (2019) has been passed. You Must Comply!
“No person shall dump or otherwise deposit human waste, or wastewater contaminated by faecal matter, on Public Lands except in a Sewage Facility. All persons are required to carry out solid human body waste and must possess and utilise a Sewage Facility that allows for the disposal of solid human waste through an authorised refuse container or sewage systems.”
With penalties of up to six months jail or $1000, maybe some of our popular New Zealand locations could follow that lead to minimise the similar problems with human waste in the outdoors here too. There may just be the problem of identifying offenders!