Ardmore needs help - This affects all bikers' rights!

[Reckless]

Firstly they monitor this forum so keep the slagging off out of this thread

Looks like poor old John is tapped out from the last newsletter! Patience and money! I haven't been involved much but probably a few self interested people, organising the many who move into an area and make it how they want it to be rather than how it has been for many years, ignoring the impact on the wider community!
I don't know what we can do to help but this is the tail wagging the dog! Again another travesty of justice created by the resource management act which seems to give all the power and funding to the few who want to make it their life's ambition to create their world how they want it even though these facilities have been there for ages and probably long before they even moved in!!!

Bear in mind the council inspectors have been to these peoples homes while a meeting is being held and due process has been done! They simply have a bee in their bonnet and will keep using the system against us until they get their way! Either by consistent relentless pressure or by exhausting the funding and commitment one man is prepared to invest!! John has never ripped us off if your a member, Ardmore on Wednesday is only $10 bucks to ride.


Last newsletter here, published with John's permission.

THIS SUNDAY AT ARDMORE

We are going all out for our last ride at Ardmore with another new track design we will be building on Saturday and what looks like is going to be perfect fine weather for Sunday.

Over 185 riders made submissions on our resource consent and most of you by now will have received notices of the appeal being made against our Resource Consent by the Concerned Residents Group CRG and the owner of the landfill next door.

Straight after the appeal was lodged I was expecting the Council to close us down until the hearings but surprisingly the Councils lawyers sent a memorandum to the Environment Court stating that they believed we should be able to continue to operate through to the hearings under the stay of the abatement notice issued last year.

The CRG have now gone direct to the Environment Court and asked for the track to be closed. I have to get a memorandum to the Court done today and appear at a Judicial Conference on Monday. Mike Cameron has been over the documents submitted so far and said it isn't too hopeful that we will be able to keep the track open if we go to court without legal representation.

The CRG will be applying to the government for legal funding to fight us in the Environment Court and I am hoping we will be able to do the same. Its an important fight for us to win because the Resource consent we were granted limits 4 strokes to 94 decibels and two strokes to 96 decibels which 90 percent of the bikes currently being ridden would not comply with. We should be able to keep running the track as a mini trail park for PW50s, PW80s, XR70s and other bikes that do comply, but the implications go further than just Ardmore.

If the CRG are successful in the Environment Court the decision will become case law and the 94 decibel limit is then liable to be applied to other off road motorcycle riding throughout the country. Ken Fell for example does not have an existing resource consent for bikes to be ridden on his farm so his local Council would more than likely apply the latest Environment Court ruling from our case and also restrict all motorcycle activity on his property to 94 decibels for 4 strokes and 96 for 2 strokes.

Anybody who doesn't already have a full consent will be in danger of having the ruling applied to them. Unfortunately the Environment Court decisions once made are seldom overturned. The decisions become case law and are usually reinforced with more rules.
We have a good chance of winning this, bikes and cars can be 98 decibels on the road and are not tested, but we have a ruling requiring bikes at our track to make less noise than they could on a public road even in the middle of the night. Our biggest problem is that we have been sucked dry by two years of fighting the Council and a group of residents who have had access to Council resources including their lawyers. The CRG have brought their own lawyers to court at a point where we have blown everything we have on acoustic reports and planning consent work and have generated as much debt as we can possibly handle. So now we are up the Environment Court Creek without a paddle fighting an experienced group who have had years of fun in court at the ratepayers and taxpayers expense fighting the Warbirds, Ardmore Airfield, the Kennel Club and now us.

See you Sunday

Lets make it a good one

Ideas please!! Donation drive, protest ride, media attention. I dunno, I just no John has fought tooth and nail for us and this is very very wrong!

PS we don't need a hundred posts on how to make bikes more quiet it won't even get that far if they close the place down!

[Pierce]

I'd be happy to do what i need to do whether it be donations or protests etc...
Ardmore is one of the better tracks to ride on that we have access to. To lose it would be horrible. Has anyone spoken to John about ideas? I suppose he's reaching his limit as to what he can do.

[telliman]

like he said the other week,until it all comes under the manukau council its a winless battle, untill then it can only be used as a peewee track due to decibel levels

[Reckless]

ok then two points as I see it.

1/- Its getting to much for him. From what I read there, no money to fight "we have blown everything we have on acoustic reports and planning consent work and have generated as much debt as we can possibly handle. So now we are up the Environment Court Creek without a paddle' and even a guy as committed as him must say sooner or later "I've had a guts full of this I'm gonna go get my life back!

2/- This could effect all rides everywhere from what I read. All clubs, all rides anyone who wants to kick up a stink uses this as the new line in the sand. wasn't there a ride up woodhill way where one lady called OSH, the council, dangerous fuel people etc etc. This isn't about a few DB in noise this is about them using the resource management act to get the place closed and its as wrong as when the residents who moved in knowing it was there when they did tried to get Western Springs closed down!

I can't think of anything else to do but organise 1000 bikers to close every road out there until "Close up" turns up and the politicians start noticing.
I don't know I haven't been involved, My bad I know, but maybe its time we all get off our butts and make an effort!

[CHOPPA]

Is there racing there tomorrow?

[Reckless]

By the look of the of above letter yes there is! But I haven't ever raced (anywhere)

Call the raceline on 268-0886 thats best.

[cr125nz]

spoke to james today heres the plan we can all go to ride at thunder and james will knock the price down to 15 each the other 5 goes to the ardmore fund so lets all rock out to thunder and show our support and james will have the mx track sorted for those who want to ride on it
so if we can get 100 ppl out there sat and sun its money to help ardmore

[Reckless]

Good idea but I think they are spent, they simply need thousands. Beaten by a few residents and a resource management act that is terribly skewed in favour of the complainant.

I've also heard (rumour) even though they won the resource consent the way its worded if a resident has a complaint about noise or dust at anytime on any meeting day! John has to get a certified engineer in to justify they aren't breaking the conditions. Why the onus is on him to prove he is not, rather than them to prove he is, is beyond me. Another bungle or deliberate action, you choose. This would cost a grand a time and the residents can complain every practice and event so its simply not worth carrying on.

I don't know if this is simple bungling by whoever wrote the resource conditions (Papakura Distrct Council I would think) or it has been deliberately written this way so they get granted resource but can't function under the conditions. Either way its a shafting for all of us! I'm also told that if this becomes case law it will have an effect on all clubs throughout NZ who haven't got full resource or need a renewal.

[Rupe]

I've also heard (rumour) even though they won the resource consent the way its worded if a resident has a complaint about noise or dust at anytime on any meeting day! John has to get a certified engineer in to justify they aren't breaking the conditions. Why the onus is on him to prove he is not, rather than them to prove he is, is beyond me. Another bungle or deliberate action, you choose. This would cost a grand a time and the residents can complain every practice and event so its simply not worth carrying on.

I should be able to get the test done fairly, and cheaper if that helps. Pm sent Rick

[Reckless]

yeh mate good but from what I can understand the test has to be done on every complaint. Which could happen 6 times a month if they complain each time there is riding there. So its all set up against him!

[CHOPPA]

I called race line, doesnt say there is a race on...? Just says there is riding? doesnt say what time etc etc Would like to support the place but need more info! Anyone?

[takitimu]

spoke to james today heres the plan we can all go to ride at thunder and james will knock the price down to 15 each the other 5 goes to the ardmore fund so lets all rock out to thunder and show our support and james will have the mx track sorted for those who want to ride on it
so if we can get 100 ppl out there sat and sun its money to help ardmore

That's real generous of James given he's fighting his own resource consent battles, I'm wondering if we need something like this http://www.linuxfoundation.org/en/Li...l_Defense_Fund /

It seems to me we need something which businesses/riders can donate to that can provide advice for people fighting to keep tracks along with the lawyers representing them.

[theblacksmith]

This might sound stupid - feel free to tell me it is - but could Fair Go or some other tv crowd help the situation?
Does'nt seem fair does it? Have a think - some publicity and public awareness could do no harm.

[Zapf]

So where and when do you need us?

[CHOPPA]

This might sound stupid - feel free to tell me it is - but could Fair Go or some other tv crowd help the situation?
Does'nt seem fair does it? Have a think - some publicity and public awareness could do no harm.

sounds like a good idea but they would prob side with the house owners!