16th December 2020
File ref:
Hawkins Hill Right of Way Holders
By email
Dear Hawkins Hill Right of Way Holders
Re: Hawkins Hill Right of Way Agreement
Thank you for your engagement in the Hawkins Hill Right of Way agreement process facilitated by Jon Everest and
Madeleine Taylor. I am writing to let you know the outcome of that process and to advise you of next steps. This letter is
provided to everyone that has a legal right or interest over Hawkins Hill Right of Way (ROW).
‘One Text’ Mediation Process
On the 19th October 2020 Jon and Madeleine provided ROW Holders with a final draft agreement for consideration. The
purpose of this document was to outline agreements reached between parties relating to the ROW, including how Council
Officers and ROW holders will communicate and work together on matters relating to the ROW, and how financial
contributions for planned improvements and maintenance will be calculated. This followed a series of resolutions of
Council in 2018 including a decision by Council to undertake minor improvements to the ROW and enter into
negotiations with ROW holders around a financial contribution to this. Legally all ROW Holders are required to make a
reasonable contribution to ROW maintenance and this process sought, amongst other things, to determine that
contribution.
As you know, the draft agreement was developed using a ‘one-text’ mediation process whereby all parties, including
WCC, were provided the opportunity to review and critique drafts of the framework until agreement was reached, or it
was determined agreement could not be reached. Four iterations of the agreement were provided to parties for review
and a number of you provided feedback to Jon and Madeleine.
Unfortunately we have not been able to reach agreement with all parties through this process, and it has become
apparent that there are differing views amongst ROW holders on how WCC should engage with parties around matters
relating to the ROW including a mix of support and opposition to the proposed ROW Holders Working Group. Some
ROW Holders have also sought further assurances that the planned improvements will not impede their ability to
undertake subdivision of their properties under the WCC District Plan.
Additions to Final ROW Agreement
We have considered the feedback and requests from ROW Holders along with feedback from Jon and Madeleine. In
order to find a way forward that works for all parties we are proposing the following additions to the final agreement
circulated on the 19th October (see attached):
- Addition of clause ‘11a’ stating
“ROWH’s can opt out of representation by the Working Group. PSR will engage with
ROWH who have opted out of the Working Group individually and in accordance with any direction from SPC, to
comply with legal duties and to operate within available budget.”
- Addition of clause 14a stating “T
he ROW will be improved to the level of service as set out in the 2020 Tonkin +
Taylor report, utilising the engagement process set out in this agreement. Any further land use, or subdivision
applications that impacts upon the ROW will be assessed against the applicable planning framework.”
Planned improvements to the Right of Way
As I outlined in my email to you on 30th November 2020, WCC has commenced work to scope and cost planned ROW
improvements this summer. Until such time as the Working Group is formed, we will continue to engage with all parties
on this work. As per the Final ROW Agreement PSR’s Park Service Manager William Melville will be the key contact for
all matters relating to the ROW including the improvement works.
Additional CSC Resolutions
Thank you to those of you who have responded re the two options put forward to formalise the right of way between
Hawkins Hills ROW and Sourthernthread ROW. Based on feedback received, we have instructed our Property Team to
commence the process of WCC granting a right of way in favour of itself (option 2) which will enable anyone to access the
area for the purpose of legally accessing Southernthread Right of Way.
We will be progressing the remaining CSC resolutions in 2021 including undertaking the required consultation and
process to designate a speed limit for the Hawkins Hill ROW and closing access through reserve land at Wrights Hill. We
will be in touch on both these matters in due course.
Next Steps
Please review the proposed additions to the ROW Agreement and complete and return page 6 of the agreement (also
attached separately) indicating whether you wish to be represented by the ROW Holders Working Group and whether
you wish to make annual or 5 yearly payments. Please be aware if you do not reply to this letter you will still be required
to make a reasonable contribution to maintenance of the Right of Way and will receive an annual invoice for this as per
appendix D.
I would like to take the opportunity to thank Jon and Madeleine for their work to help facilitate this agreement. This has
been a lengthy and challenging process for all parties, and I’d like to acknowledge Jon and Madeleine’s considerable
efforts to find a way forward that is acceptable to all parties.
Yours sincerely
Sarah Murray
Community Partnership Manager- Parks, Sport and Recreation
