Update and final outcome
3 November 2021
On Thursday 14th Oct 2021 an online hearing was hosted by Central Otago District Court in regards to the resource consent application from The Sanders family to establish a commercial Mountain Bike Park on Matangi Station (the crown land that they lease).
COMCC put in a submission that opposed the application in part for the reason that the consent excluded motorbikes. 81 submissions were received supporting COMCC’s submission. There was also a petition from the motorbike community that received 1,894 signatures in support of COMCC’s submission.
COMCC hired a lawyer (James Gardner-Hopkins) to assist them with their preparation for the hearing and on-the-day representation. They also organised six speakers to give evidence at the hearing.
In the hearing the Sanders presented their reasons on why they had excluded motorbikes which were:
● Certain areas of the land will be used for stock (the Whitesands paddock will be used for sheep)
● Erosion problems related to motorbikers riding directly up steep hills and causing ruts and trail damage.
● Motorbikers riding off the existing tracks and making new tracks.
● Motorbikers disrespecting their farming operation by cutting fences/locks, lifting gates
off hinges and accessing other blocks.
● Assumed conflict with other non-motorised users.
● Local residents near the current car park area not enjoying the noise and dust.
They also presented evidence of a recent video on YouTube that showed dirt bikers wheelying down The Rail Trail.
They said they had ‘tried and tried’ to reason with the motorbikers but the motorbikers had continued to be disrespectful.
COMCC then presented their case. Lawyer James Gardner-Hopkins opened with: It is COMCC’s case that:
(a) motorcycle use by the Club (and others) at Matangi has existing use rights or, if not, they are permitted activities;
(b) in either case, the current motorcycle use can currently be undertaken unconstrained in resource management terms;
(c) the grant of this consent must not:
(i) remove those existing use or permitted activity rights;
(ii) create a barrier for any later consent application for commercial recreational motorcycle use;
(d) if the grant of this consent does result in (c)(i) or (ii) then the adverse social and community effects, and the loss of a natural and physical resource for the motorcycle community, must be considered, and may warrant the declining of the consent;
(e) had the Club and other current motorcycle users been genuinely consulted early on, then these issues might have been resolved prior to this hearing process;
(f) in any event, whatever the outcome of this proceeding, COMCC wishes to engage with the applicant to avoid the need for any appeal, or having to pursue its concerns through any appeal process.
The six COMCC speakers followed with their personal evidence accounts. The recurring themes were:
● No consultation was ever made with the motorbike community in regards to disrespectful/idiotic behaviour or how to manage the growing numbers of motorbikers utilising the land.
● COMCC and associated parties are willing to work with the station owners to create a more structured approach to motorcycling on Matangi Station that benefits the owners, all users and the local community.
● The land in The Whitesands block is unproductive land.
● There are a few motorbikers who are disrespectful and don’t think before they do but
the majority are responsible people who can follow guidelines.
● Motorbiking is a recognised recreational activity that provides stress relief and
physical/mental benefits.
● Motorbikers travelling to Alexandra spend money in the town improving the economy.
● Motorbikers need designated places to ride or else more and more will attempt to
access private or DOC land.
James Gardner-Hopkins then made his summary.
On Wednesday 3rd Nov 2021 the results from the Hearing have been announced and The Sanders are successful with their resource consent for Matangi Station MTB Park.
Unfortunately COMCC’s submission has been unsuccessful, see following statement;
“This consent does not authorise the use of motorbikes or motorised vehicles (excluding emergency and support vehicles associated with the activities specified above and farm vehicles).
For the avoidance of doubt, electric pedal assist mountain bikes are permitted on the site and are not considered to be motorised vehicles.”
OMG and COMCC would like to thank you all for your support in this. We also want you all to know that although we were not successful in this we have had our voices heard and hopefully have a better chance of reaching out and getting approval from council in other areas to ride…
Again, thank you for your support!