Harsher penalties could be on the way for those committing "ecological vandalism" by driving on Marlborough's east coast beaches.
By Kira Carrington, Local Democracy Reporter
Marlborough District Council unanimously voted on Thursday to publicly consult on whether to review the East Coast Beach Vehicle Bylaw, and whether the review should cover the whole bylaw or target specific sections.
The embattled bylaw, established in 2023, restricted or prohibited the use of vehicles along sections of the coast because the sand dunes were a major biodiversity hub, hosting species that were entirely unique to the area.
Under the bylaw, all vehicles were banned from the red zone, yellow zones were restricted to all-terrain and utility-terrain vehicles such as quad bikes and side-by-sides, and all vehicles were allowed in the green zone.
A report presented to councillors in January revealed widespread flouting of the bylaw, with 156 return trips in a red zone between December 11 and January 7.
At the time, Mayor Nadine Taylor labelled the breaches “ecological vandalism”.
The council’s general counsel, Setareh Masoud-Ansari, told councillors that one of the main issues the community would need to weigh in on was how the bylaw was enforced.
Previously, the council had preferred an “engagement” approach to enforcement, Masoud-Ansari said.
Enforcement could involve fines, and there was also a potential court process, she said.
“So it is being lightly enforced in that there [is] signage, there are officers that will say this is a prohibited area, don't take vehicles down this area,” she said.
“However, we don't have the ability to take the next step [and] take people in and issue infringement notices, and part of this review would be, if you would like to do that, to create instruments and processes so that we're able to.”
Infringement notices would only be issued as a "last resort", Masoud-Ansari said.
The council had agreed to conduct a review of the effectiveness of the yellow zone this year, but was now wondering if they should conduct a full scope review of the entire bylaw.
The council would be reaching out to the 193 submitters who participated in the original bylaw consultation to ask them to weigh in again, Masoud-Ansari said.
“We have commenced our discussions with affected tangata whenua as well as other communities such as landowners and other users of the area.”
Public consultation would open on July 24 and close on August 28.
Taylor said that if a full scope review was deemed necessary, the council wanted the public’s input on “what [we should] be considering as we move forward into potentially a new bylaw design”.
Councillor Gerald Hope said he thought they were “doing the right thing”.
“It’s an area which has a high degree of sensitivity, but... it's an area which is highly valued by all people, and that’s the key to this,” Hope said.
“It’s not about who owns what or whatever, it’s about a highly valuable, accessible area, and therein lies the problem. So we’re going to deal with it one way or the other.”
Councillor David Croad said it was important to note that there were people who “treasure that coastline and do the right thing”.
“There are still people that... just think it’s theirs and they can do what they want. But in reality, there’s definitely a reduction in motor vehicles being put on the beach compared to what was happening prior to [the bylaw].”
Croad said he had done some research into Tauranga City Council’s Beaches Bylaw, which required permits to use all-terrain and utility-terrain vehicles for fishing on Papamoa Beach.
Marlborough iwi Rangitāne o Wairau challenged the bylaw in court in 2023, claiming it prevented them from exercising their customary right to fish along the coast, but their claim was dismissed last year.
The iwi had planned to appeal, but had halted proceedings pending the council’s proposed bylaw review.
– LDR is local body journalism co-funded by RNZ and NZ On Air
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