Spot on and your link spells it out nicely.
The Queens Chain only applies to navigable rivers of which there are few in NZ. If the river changes course, the Queens Chain doesn't move.
Under the Resource Management Act new subdivisions on rivers are required to create an Esplande Reserve which becomes Crown Land. Held by DOC, its a sort of modern Queens Chain.
Well yes you are trespassing. The farmer owns the riverbed but not the water. He can't take gravel from the riverbed without a resource consent - but he can't mine gravel from his own land without a consent either.
We have 150 years of meandering rivers cutting through legal titles. Every river has land which once upon a time was on the opposite bank. It's a source of longstanding feuds where one farmer has a free 50 acres owned by the guy across the river.
Technically its called accretion and erosion. Been happening for centuries. A survey is done, years later the river changes course leaving the old survey lines (which define legal title) and a mess builds up.
In the UK the main group who look after these road issues is the Trail Riders Fellowship, diferent groups look after thier local area and log all the legal rights of way. Having spent many hours at the local council looking through very old A3 size books with each page showing only a few hundred metres to find lost lanes like paper roads here (not to mention finding them on the bike and every farmer you met knew of the right to use them as i guess most would here). Coming to unspoilt NZ 5 years ago i expected to find more trails than the probably thousands of miles in the UK i was surprised how little trails are here that are not sensitively ruled or owned by farmers who try to protect thier land. Paper roads is something which seems shrowded in secrecy so if we had a database of diferent roads which could be used in each region how good would that be.
Yes but England has centuries of ancient pathways which still exist and are legal rights-of-way which are binding on modern title holders. Bit of a nighmare for land owners but staunchly upheld by the urban population.
NZ is a fresh new country so those tyoes of pubic paths never existed for the first surveyors. Instead they plotted roads where they thought they might be needed which is why we have paper roads. They are legal roads but never been formed.
Interesting.
A reply (very prompt!) from SWDC, also denies all knowledge of any locks. They didn't lock the gates. Nor did Rotorua.
So, it's either CHH (WAY out of line!) or some local Mr Gubbins.
Anyone local got a gas axe? Any locks on the gates may certainly be cut off, or the gates legally circumvented.
Originally Posted by skidmark
Originally Posted by Phil Vincent
Like I say, they are as close to the Queen's Chain as you will get. It just depends on the regime in place when the land was first alienated from the Crown, as to whether a road was set aside along the river bank, or whether a Marginal Strip was set aside under the old Land Act, or whether the rights granted by the title extend Ad Medium Filium - to the middle thread of the river, or whether some different situation exists. This is why you can have the road on 1 side and not the other, if they were alienated at different times. There is just so much variation it is impossible to make generalised statements, such as "there is a 1 chain wide strip of ???? land along each side of every waterway". It is also bloody difficult in many cases to figure out what the nature of the river boundary is in a particular instance. If we are surveying land on an ancient title adjoining a river we will often get a status report from a third party, because the research is so involved.
I see that I have been rambling - so to recap. The road is probably 1 chain (20.12m) wide, and is 'public' (Council) land, so yes, it is the Queen's Chain. Just don't expect to find it on every river you come to.
Cheers
A
Nobody knows what human life is, why we come, why we go,
so why then do I know, I will see you in far off places?
Stephen Patrick Morrissey
We rode a paper road last week end, it had locked gates at either end, the true road was 3 kms away from the track we used. the land is owned by a trust and they gave us access however they get pissed off with people asking once and going there every weekend. The land owners have to maintain the roads repair fences etc and recieve no compensation for damage.
Often paper roadsont follow the route on the map.
Life shouldnt end at the grave well presented but rather, slide in sideways totally worn out yelling "shit that was a great ride!"
YAHOO!! Its open.
Excellent news !
I wonder which council employee made a hurried trip to remove the locks which they never put there in the first place.
I advised both SWDC and RDC that we (anonymous 'we') would remove the locks since nobody admitted to owning them . SWDC ignored that. RDC were most alarmed. I got back
[QUOTE
The locks on the gates on Cecil are not the property of Rotorua District Council, and are not in the Rotorua District. This Council however cannot condone your proposed actions to remove the locks. We strongly urge you to find the lawful owner of the locks in question and do not support you to take the law into your own hands.
[/QUOTE]
He who runs may rede
Originally Posted by skidmark
Originally Posted by Phil Vincent
A paper tiger, now the locks are off. For a trail bike anyway. If it is as bad as it was when I rode it, I doubt an ordinary car could get through, so I suppose there is some validity in the sign, Granny might be annoyed if she got to the end in her Corolla and had to turn back.
Originally Posted by skidmark
Originally Posted by Phil Vincent
I shot up Leslie road, then into Cecil road. The road was open all the way through, awesome ride, foggy but good.
I then went through to the village, went out of town and then came to a dead end but the GPS said go through. It turned out to be a small track that took me onto a gorge road and then back to the junction of Leslie and Cecil road.
I carried on this road and it took me to SHWY5. I crossed that and then proceeded to ride all the way to Mclaren Falls.
Stopped in at the Mount BMW and then road Te Matai rd to Pyes Pa. The road was closed so I then went left at another forestry road and that took me back to SHWY5, intersecting with one of the mornings road.
It was a good ride and I was very suprised that the gates were open.
Infact, there were some gates that looked like they had been bulldozed or rammed.Good news for us all!
I did take a few wrong turns and these ended up in Farmers fencelines but all in all it is an awesome playground...I found a lodge, a lake and some pump houses too, so it was good days exploring and will definitely do it again, the next time I may explore left and right off Leslie Road.
That forest is big, I cannot imagine what it would be like in the Kaimanawa Forest! Explore that for days I bet....
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