Kāwhia beach access - what’s going on?

Kāwhia beach access - what’s going on?

Access to Kāwhia beach via the boat ramp has been an ongoing issue for many years (and to a lesser extent, beach access via Aotea).  This page summarises the issue and what Council is doing.

So what’s the issue?

There are several issues at play.  Vehicles on beaches provide recreational access, which comes with pros and cons.   As long as drivers abide by good practices, having access to the beach can provide many recreational and wellbeing benefits.  However, we are seeing an increase in some bad behaviour and poor judgements leading to:

-            damage to sensitive environments

-            “hooning” on the beach

-            vehicles being taken on the beach that are not designed for that use

-            vehicles getting stuck

There is often debate and strongly held beliefs (especially on social media) as to whether the damage is from locals or visitors.  Regardless of where the driver or vehicle is from, it is the poor decisions and bad behaviour of individuals which is causing the problems – rather than where they are from.

This issue is not unique to Kāwhia, and often plays out at vehicle-access beaches around Aotearoa with strongly divided communities (for and against). 

What are the rules?

The Kāwhia/Aotea coastal foreshore is a high complex area to manage, involving multiple agencies, multiple bits of legislation and owners of Māori land. 

Ōtorohanga District Council – Road Controlling Authority

All beaches are classified as legal roads under the Land Transport Act, unless restricted by local bylaws. 

ŌDC allows vehicle access on the Kāwhia beach under our Traffic Management Bylaw (Bylaws | Ōtorohanga District Council | Ōtorohanga | Waikato | NZ).  Under this bylaw, traffic is limited to 20kph and the “beach” (the area below high tide) is classified as a legal road  in the Land Transport Act.  As such, normal road rules apply.  Importantly ŌDC does not have any powers to enforce breaches of the bylaw – as a legal road, the NZ Police have the powers and responsibility for enforcing any breaches of speed or driver behaviour.  The beach operates exactly the same as any other formed road where Council is responsible for the physical road as the “road controlling authority” and NZ Police are responsible for driver behaviour.  Any observations of bad / unsafe driver behaviour or breaches of the 20kph speed limit should be reported directly to NZ Police.

Waikato Regional Council – Environmental Management

WRC is the agency that which manages adverse effects on the environment.  Separately to driver behaviour, if there is damage to sensitive ecological or heritage areas below high tide, or any discharges (e.g. oils and fluids form stuck vehicles), WRC have the powers to enforce the applicable rules below high tide under their Regional Coastal Plan (Proposed Waikato Regional Coastal Plan | Waikato Regional Council).  Above high tide the WRC rules under their Regional Plan apply.  Any observations of environmental damage should be reported directly to WRC  Report environmental incidents | Waikato Regional Council.

Landowners

Maori land titles extend down and into the “hard sand area” where drivers typically prefer to drive.  As defined “Māori land”, under the Marine and Coastal Areas (Takutai Moana) Act 2011, there is in fact no legal right of vehicle passage across these titles  - but there is right of general public (non-vehicular) access. 

Coast Care Groups

Coast care groups are community-led voluntary organisations who seek to enhance coastal ecology.  They generally have no statutory powers, but they play a very important role in maintaining and enhancing coastal ecology, usually through many hours of volunteer work. 

Note that sometimes people also refer to the “Queens Chain” or the “Kings Chain”.  These are obsolete terms which were replaced in 1991 by esplanade provisions under the Resource Management Act, and coastal public access under the Marine and Coastal Areas Act.  There is in fact, no legal “Kings Chain”. 

What is being done?

Following a well-attended public meeting on beach access held at Kāwhia on 13th February 2025, the Kāwhia Community Board endorsed a 3 stage approach to this issue:

Stage 1: Signage -Install better informational signs to inform drivers of the risks of getting stuck. 

Status as at June 2025.  In progress.  A sign has been designed, and ŌDC staff are working with Maketu Marae over the location, with installation to occur over winter 2025.

Stage 2: Investigate the feasibility of alternate access through Tainui Kāwhia Incorporated forestry land, from Tom French Reserve (offered by TKI).

Status as at June 2025. In progress.    ŌDC is working with TKI on progressing an independent access feasibility assessment.  This is expected to be completed by Spring 2025. 

Stage 3: Review the Traffic Management bylaw, if appropriate, in light of the outcomes of the feasibility study.

Status as at June 2025.  Awaiting the feasibility assessment.  Following completion of feasibility, staff will report the findings back to the Kāwhia Community Board.  We anticipate that key considerations will be consenting requirements for an alternative access, funding the formation and on-going maintenance, and any restrictions or limitations over use (e.g. type of vehicles, closure during extreme fire risk).  If the bylaw is amended, there is a full public consultation process which ŌDC must follow and which allows any member of the public to submit on the proposed changes.

Queries? 

As this is such a complex area, it cuts across several of Council’s core functions.   For any queries, we therefore ask that you contact Council through the usual way, and we will then allocate to the right person for follow up.