Official Information Request - 19 August 2020

Sent: Wednesday, 26 August 2020 9:10 am

Subject: LGOIMA request - Whaka Forest by foot, horse or bicycle

I refer to your follow-up email of 19 August 2020 requesting Council review and provide answers to your previously submitted questions regarding access to Whaka Forest. The information you have requested is primarily publicly accessible information, the majority of which can be found at the following links:

• http://www.legislation.govt.nz/act/public/2008/0099/latest/DLM1378485.html?search=sw_096be8ed819e4903_public+access_25_se&p=1
• https://www.govt.nz/treaty-settlement-documents/central-north-island-forests/

I have also provided the following responses for your information:

1. Is it correct that Whakarewarewa Forest was gazetted a State Forest Park in October 1975?Yes, with this being removed in 1987.
2. Is it correct that access to Whakarewarewa Forest by foot, horse and/or bicycle was then enshrined under the Forests Amendment Act 1965?Council has no information regarding this.
3. Is it correct that when the NZ Forest Service was disbanded in 1987, access to Whakarewarewa Forest by foot, horse and/or bicycle was then enshrined under the subsequent Crown Forestry Licence?Yes
4. Is it correct that when the Forestry Licence was sold to Fletcher Forests in 1996, access to Whakarewarewa Forest by foot, horse and/or bicycle continued to have legal protection?Yes, the right of public entry is a covenant within the Crown Forest Licence.
5. Is it correct that when the ownership of the land on which the forest grows was passed from Government to Maori ownership in the early 2000's, access to Whakarewarewa Forest by foot, horse and/or bicycle continued to have legal protection?Yes, the right of public entry is a covenant within the Crown Forest Licence and Deed of Settlement.
6. Is it correct that when the Forestry Licence was sold by Fletcher Forests to Kaingaroa Timberlands in 2003, access to Whakarewarewa Forest by foot, horse and/or bicycle continued to have legal protection?Yes, the right of public entry is a covenant within the Crown Forest Licence and Deed of Settlement.
7. Is it correct that the Southern boundary of the public access areas within Whakarewarewa Forest by foot, horse and/or bicycle is approximated by the shore of Lake Rotokakahi, public having access to the areas North of the lake, but access to lake and islands in the lake being restricted?Not entirely, the boundary is determined by the original lake bed boundary and therefore some areas of land are within the lake boundary meaning they are included in the restricted area.
8. What are the legal grounds under which public access into an area being approximately bounded by Tikitapu Road and Green Lake road has been restricted since December 2019?Under the CFL and Deed of Settlement the Licensee has the discretion to control entry for reasons relating to safety of the public or those working on the land, or for protection of trees, buildings, plant, equipment and related items.
9. Additional Question.You state that "concerns for public safety related to occurrences of intimidation" is the reason that this area remains closed to public access. Have you reported this to police?The area remains closed while all parties work together to resolve any concerns. This is a relationship issue that has not warranted police intervention.

You have the right to seek an investigation and review by the Ombudsman of this decision. Complaints can be sent by email to info@ombudsman.parliament.nz, by fax to (04) 471 2254, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters' personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz .

Regards,