NZ4WD

VAHRYOUS THOUGHTS

- PETER VAHRY

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!

 ??  ?? VW’s Meyers Manx-inspired all-electric 4Wheeler.
VW’s Meyers Manx-inspired all-electric 4Wheeler.

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