The Crown-land owners of a popular reserve in Central Otago says "risk mitigation measures" may allow the country's largest inflatable water park to operate this summer.
Land Information NZ has provided 1News more details over a pending decision to grant a recreation permit to Kiwi Water Park this season.
The complex could face closure due to what the owners claim is "bureaucratic red tape."
The facility, located 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 right turn bay on State Highway 6 into Lowburn Reserve.
The site is also a popular spot for boaties and freedom campers.
Kiwi Water Park in Central Otago has been caught up in a six-month battle between Land Information New Zealand and Waka Kotaki. (Source: 1News)
In a follow up statement to 1News, LINZ said "we are working closely with Waka Kotahi and Central Otago District Council to assess whether risk mitigation measures may allow the water park to open again this year."'
The agency did not specify what those measures were including whether the right turn bay needed to be installed by the November 4 deadline.
Land Information NZ is the landowner of Lowburn Reserve on behalf of the Crown and decides what activities can go ahead - including on Lake Dunstan through a recreation permit - which are assessed on a "case-by-case basis."
Kiwi Water Park near Cromwell has been caught up in a six-month battle over a state highway upgrade into the facility. (Source: Breakfast)
"We previously granted recreation permits allowing the water park to operate over the 2020/21 and 2021/22 summer seasons ... however, traffic safety concerns have slowed down processing the water park's permit application for the 2022/23 season."
LINZ added, "the safety of all visitors, including freedom campers, to this popular recreation area is our top priority ... we are doing our best to have an answer for the business owner as quickly as possible."
The water park business is run by Queenstown mother-daughter duo Emily and Janet Rutherford.
"[The authorities] are worried about the entrance way and it being on a 100km/h road without a right turn bay," Emily Rutherford said.
Kiwi Water Park told 1News yesterday they were "totally willing to put money" towards the turning bay, provided they could get a long-term assurance that they could operate at the site for years to come.
Waka Kotahi said the parties involved met in June "to discuss the conclusions of [a] traffic assessment" - the right-turn bay - "and all agreed with the assessment conclusions", but that there "was disagreement" on who would be responsible for funding the upgrade.
Emily Rutherford said they have "basically run out of time" to upgrade the highway this year, instead calling for a temporary speed reduction zone instead for this season.
Public response
Kiwi Water Park has also been flooded with online comments on it's Facebook page in "support of the water park" and they've thanked "the hundreds of people who have messaged."
"This has been truly heart warming" the post said.
"After nine months of being threatened with being shut down ... and constant uncertainty about our [business'] future this has given [us] a renewed sense of purpose."
The post goes on to say, "my hope now is that [all three affected parties] will see this positive response from the public and will agree to work with Kiwi Water Park to ensure we can open this summer" and "continue to operate and get better for many summers to come."
Emily Rutherford told 1News on Wednesday, "It's great for the district. We've had people travel from all over New Zealand."
"We also work with the local schools who come and do part of their water safety training here."
The water park employs 20 people.
As part of the permit, Kiwi Water Park told 1News they pay 2% of the business' turnover to LINZ to operate at the site.
The company has also become a massive hit on the social media platform TikTok, with tens of millions of views worldwide.
"It would be absolutely devastating if we couldn't open this summer."
Waka Kotahi 'not consulted'
A Waka Kotahi NZTA spokesperson said it "was not consulted with in relation to the initial consent process".
The six-year resource consent was approved by the Central Otago District Council in 2020.
In a follow up statement to 1News, the council said "the applicant provided details regarding the anticipated volumes of traffic (50 vehicles [per day]) and stated "there would be no adverse effects on [State Highway 6] as a result."
It was believed the additional users to the reserve would be "less than minor" which meant Waka Kotahi was not considered an affected party.
Emily Rutherford said, "when we initially got our consent, it was during the Covid lockdown in 2020 .. 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."
But the council said the effects of traffic were "reconsidered" when the water park relocated to another area of Lowburn Reserve and "Waka Kotahi was involved in that process".
The park became a hit from Kiwis with 30,000 people through the gates during the hot summer months last year - a 100% increase on the year before.
The council told 1News "it was apparent that traffic volumes were up to five times the initially anticipated numbers at peak times (250 vehicles per day)."
Waka Kotahi then raised concerns after "a serious crash occurred at the access to the carpark used by the waterpark [during the first season]" which stepped in and both installed and funded "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.
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 4 this year.
Emily Rutherford believes the accident did not involve customers at the park.
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 told 1News "this is not a position we are in at this stage."
If the issue is not resolved by November 4, the park will be unable to operate legally this summer.
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