The country's largest inflatable water park in Central Otago could face closure this summer due to what the owners claim is "bureaucratic red tape".
Kiwi Water Park, just north of Cromwell, has been caught up in a six-month battle between Land Information New Zealand (LINZ), Waka Kotaki NZTA and the Central Otago District Council over a state highway upgrade into the facility.
The tourist attraction was first granted both a resource consent from council and a permit from LINZ in 2020 to operate on Lake Dunstan at Lowburn Reserve.
The reserve is also a popular spot for boaties and freedom campers.
It's run by Queenstown mother-daughter duo Emily and Janet Rutherford.
Kiwi Water Park near Cromwell has been caught up in a six-month battle over a state highway upgrade into the facility. (Source: Breakfast)
"[The authorities] are worried about the entrance way and it being on a 100km/h road without a right turn bay," Emily said.
If the issue is not resolved by November 4, the park will be unable to operate legally this summer.
The water park has seen significant growth, with 30,000 people through the gates during the hot summer months last year - a 100% increase on the year before.
The company has also become a massive hit on the social media platform TikTok, with tens of millions of views worldwide.
"It's great for the district. We've had people travel from all over New Zealand just to come to Kiwi Water Park," she said.
"We also work with the local schools who come and do part of their water safety training here."
But Emily said while conversations have been happening for a year and a half, the last six months have been challenging.
"We've just been passed around the different organisations and nobody can give us an answer to the plan or what we can do to make this summer happen."
With a short deadline until the inflatable structures have to be installed, the park's owners are now calling for a temporary speed reduction zone on State Highway 6 for this season only so they can operate.
"We've basically run out of time for a right-turn bay for this summer," she said.
"It's extremely difficult. I've put my entire life into this business and all my money and Mum's put a lot of money into this.
"This is hundreds of thousands of dollars worth of investment and several years of work."
Waka Kotahi 'not consulted'
A Waka Kotahi NZTA spokesperson told 1News that it "was not consulted with in relation to the initial consent process".
Emily believes she knows the reason why.
"I think when we initially got our consent, it was during the Covid lockdown in 2020," she said.
"I don't think many people anticipated that people would turn up and come to the water park and that's why I think it wasn't considered."
Waka Kotahi said it also had concerns after "a serious crash occurred at the access to the carpark used by the waterpark [during the first season]", resulting in the agency stepping in and both installing and funding "temporary traffic management at the access for the remainder of the season".
"This included warning signage and cones to reduce speed past the site and regular checking and maintenance to ensure measures were in place and working safely each day," the spokesperson said.
After the first season, conditions were added, with the owners ordered to improve access signage, fencing and monitoring access use to find out if any upgrades were needed.
A traffic counter was also installed during last year's season.
A report concluded a right-turn bay "was required to ensure safe and efficient access from the state highway" and had to be installed by November this year.
Emily believes the accident did not involve customers at the park but said they were "totally willing to put money towards a right-turn bay", provided they could get a long-term assurance that they could operate the site for years to come.
Upgrade disagreement
Waka Kotahi said the parties involved met in June "to discuss the conclusions of the traffic assessment and all agreed with the assessment conclusions", but that there "was disagreement" on who would be responsible for funding the upgrade.
"If no agreement is reached on the access upgrade requirement process, the consent conditions stipulate that the final decision sits with CODC as the consent authority."
The council's Planning and Regulatory Services manager, Lee Webster, told 1News the water park “currently has a resource consent issued by Central Otago District Council enabling it to operate.
"We understand it also requires a recreational permit from LINZ.”
The owners also wrote to the Minister for Land Information, Damien O'Connor, earlier this month in desperation, who replied that "they [LINZ] are considering the application".
LINZ Head of Crown Property, Sonya Wikitera, told 1News they are "considering an application to operate a water park on Lake Dunstan".
"We are aware of the approaching summer season and will respond to the applicant as soon as we can."
The Rutherfords hope a resolution will come.
"It would be absolutely devastating if we couldn't open this summer. Thousands of New Zealanders love [it]," Emily said.
"We would like to see it going."
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