New Zealand / Auckland Region

Walkers injured after part of track closed due to council vs landowner stoush

14:59 pm on 15 November 2023

The owners of a property by a walkway from Takapuna to Milford have put up a fence because of a council dispute. Photo: Tom Kitchin/The Detail

Walkers traversing slippery rocks to get around a closed section of a popular coastal walking track on Auckland's North Shore are reporting injuries.

The owners of a derelict cottage have fenced off part of the Takapuna to Milford walk that runs through their property, while they battle the city's council to remove its heritage status.

Devonport-Takapuna Local Board chairperson Toni van Tonder said at least one person had broken their wrist slipping on rocks to get around the closed path, and she heard another had suffered a concussion.

"It's deeply concerning. It's a really perilous part of the walkway and we don't want people going across there whatsoever because it's slippery and we don't want people injuring themselves."

People have been warned not to walk on the rocks, and can instead take a detour around residential streets.

When the fence appeared, van Tonder and her husband had walked around the rocks to find out first-hand what that entailed.

"We're still agile enough to tackle rocky walks but we both slipped, he actually ended up with a cut in his leg and was bleeding so we turned around and went back."

The 2.5 kilometre Takapuna to Milford walk is part of Te Araroa trail, with sweeping views of Rangitoto Island and the Waitemata Harbour.

Some of the walk, including the closed stretch about half-way along, is on private property.

The late Paul Firth allowed the public to freely walk through his property after a public bridge was washed out in storms 12 years ago.

A year ago, the family inheritors offered to give part of their property to the council for the walkway, so long as the heritage status was removed and $78,000 rates owing wiped.

With no resolution on the table, last month the owners put up a fence, blocking any public access through their property.

Acting for the family, lawyer Alex Witten-Hannah earlier said the cottage's heritage status was questionable.

"Dilapidated, asbestos roof, not insulated, it can't be rented because it doesn't even come close to meeting the healthy homes standards. It's been broken into recently... it's not suitable for preservation."

Unable to be demolished, he said it reduced the property's value - waterfront land with a $6.8m capital valuation.

"If the heritage listing wasn't there they could sell the property for at least $6m and the rates wouldn't be an issue. This is not a about the rates," Witten-Hannah said.

"They want the heritage listing that is on the old near derelict cottage on the site, to be lifted so that they can sell the property because no one's going to buy it while there's this heritage listing."

He said the family would remove the fence when there was progress.

"Just as the council is scrambling now, people are scrambling around the lava rocks to get around the fence," Witten-Hannah said.

"There needs to be a clear indication that council is getting on with doing it."

Council's planning, environment and parks committee will consider options for resolving the dispute later this month.

Meanwhile, van Tonder said reinstating the walkway through the property was the safest option.

"We support sitting back at the table with the legal representative and the beneficiary to find another way to gain access because their conditions aren't tenable," she said.

"We're all just waiting till the end of the month so we can get a way forward."