1. What do you want from us (landowners)?
We want to meet and engage with you to share more about the project, how it impacts your whenua, and the opportunities it could unlock. In order for us to develop Te Ara Tipuna, we need to reach agreement with each landblock/trust along the Ara. At the point that the track is to be developed across your whenua, we will negotiate a legal easement with you.
2. What support is available for landowners?
The following support is available.
The Project Team is working alongisde Te Puni Kokiri and Te Kooti Whenua Maori to ensure whenua Maori landowners are supported, including assisting ungoverned landblocks to set up governance structures.
Te Herenga a Nuku (Walking Access Commission) is also working alongside the project team; their purpose is to help establish public walkways, support landowners with legal instruments and what that means for their whenua.
You can get in touch with the Te Ara Tipuna project team at [email protected] to discuss your specific enquiry.
3. What options do we have, as landowners, to support the project?
At this stage of the process we are seeking:
At the point that the track is to be developed across your whenua, we will negotiate a legal easement with you.
4. How can I generally help support Te Ara Tipuna be a success?
You can support by:
Talking to your fellow trustees, landowners, whanau and friends about Te Ara Tipuna. Asking people to complete a Tick for Te Ara Tipuna Support Submission on our website.
Keep in touch with our Te Ara Tipuna team to see if there is anything else you can do to help. Speaking well of this kaupapa!
5. I’m happy with the trail crossing my whenua, but can I move it from where it is currently proposed to go?
Possibly. We are happy to discuss what you think a better option might be, and whether it could be accommodated within the Consent guidelines. To note - the current route has been assessed by technical experts across a range of disciplines.
6. What is the legal agreement that will be used to secure landowner approval?
An easement.
Eighty-five percent (85%) of the trail is whenua Maori, governed by Te Ture Whenua Maori 1993 under the jurisdiction of the Maori Land Court. As whenua Maori owners and governance entities’ know, the process to gain or give an easement is long and winding and potentially costly. In comparison, general land is quite straightforward.
See chart here
Even with the approved resource consent, a willing land block, an authorised governance entity, the process to agree an easement, and then have it recorded through the Court can take months to years. Nevertheless, our faith in the possibilities that Te Ara Tipuna offers are worth giving it a go!
Te Ara Tipuna Project Team has already begun discussions with the relevant agencies to try to solve these decades-long difficulties for whenua Maori whether owners are interested in being a part of the trail or not.
8. Are you proposing to build a boardwalk across my whenua?
95% of the Ara will be wayfaring across the natural state of the whenua. Boardwalks will typically be used around ecologically or culturally sensitive areas, and coming in and out of townships.
9. What if my land is a working farm/business (where the trail is proposed to cross)?
Kei te pai! We will work with you to include necessary caveats in the easement agreement to ensure you are comfortable with the arrangements for the Ara crossing your whenua. For example, you may wish to include “No crossing during lambing time” as a caveat. However, the point of the Ara is that it is a continuous trail. So we would need to work together to identify potential alternatives, such as perhaps a different route during sensitive farming times.
10. Who will be responsible for the track across my whenua?
You, the landowner, will be chiefly responsible. We aim to begin an ancillary project to co-design a ‘kawa’ for the Ara. This will be for both landowners and users of the trail.
We are also working toward developing partnerships with Department of Conservation to support and establish maintenance and management standards.
11. Can the trail cross my land without my permission?
No. Even with resource consent approval, nothing will happen on your whenua unless you sign a legal agreement (easement) to allow it
12. What if the landowner does not want Te Ara Tipuna to go over their whenua/land?
This is an opt-in kaupapa that relies on agreement all the way along. We hope people will see the benefits and opportunities Te Ara Tipuna will bring to landowners, whanau, hapu, and their whenua.
13. What if the hapu does not want Te Ara Tipuna to cross land within their rohe?
The views of hapu will be taken into account during negotiations concerning the Ara but the final decision on whether the trail is to cross an owner’s land or not will be made by the landowner/s.