Health and safety paralysis holds back walkway

Closed: Austin Oliver and Angus Robson at the cordoned off entrance to a once popular walking track. Photo Diane McCarthy E5761-06

Diane McCarthy

About 100 people crowded into the Whakatāne District Council chambers yesterday in a  show of support for the restoration of Ōhope Beach’s iconic West End walkway.

A second meeting room with video and audio links to the chambers was opened to accommodate supporters of Austin Oliver and Angus Robson’s proposal to allow volunteers to restore the track.

Four years after the section of Ngā Tapuwae o Toi walkway between Otarawairere Bay and West End, Ōhope was closed by slips, the track around a steep, rocky point providing one of two access points to the secluded Otarawairere Bay remains closed.

Mr Oliver and Mr Robson told the Beacon they had been in communication with the council for about a year with their proposal, which they estimated to cost about a tenth of the $451,000 the council has been allocated through the Ministry of Business, Innovation and Employment’s Tourism Intrastructure Fund for the track’s repair.

“What we are getting is officers of the council saying volunteers can’t do it because of health and safety,” Mr Robson said.

They asked the council not to allow liability fears to be a handbrake to community projects.

Hands up: Supporters of repairing the West End track were asked to raise their hands at a packed council chambers yesterday. Photo supplied

“Angus and I have been blown away by the amount of support we have received from the community,” Mr Oliver said.

“We wish to work with the council to resolve this issue in a safe and practical manner.”

Mr Robson said the council’s concerns had set him off into a “major deep dive” into why  community projects throughout New Zealand were being knocked back on health and safety grounds.

“What I have learnt is that if we follow health and safety protocols there’s no more risk to the council than if contractors did the work. We should be encouraged to do it because the rates saving is so huge and the community engagement is so positive.”

Rangitaiki ward councillor Gavin Dennis agreed community groups should be partnering with council to improve the district, but referenced the charges laid against helicopter pilot Mark Law by WorkSafe after he flew out to Whakaari during the 2019 eruption to rescue people on the island.

“I agree with you about what it says here in the law that you can’t eliminate all risks, but it won’t stop WorkSafe going after you like a rabid dog, will it?”

Mr Robson had spoken at length to WorkSafe and some of the country’s top health and safety lawyers over the past few weeks.

“I think everyone learnt something from the Whakaari [eruption], including WorkSafe.

“I doubt very much that you will ever see a shotgun approach like you saw there.”

Mr Robson said he had spoken to people from the Department of Conservation, which had managed to navigate the use of volunteers to maintain its tracks when it could no longer afford to carry out the work itself.

“So there’s no reason our council shouldn’t navigate it as well.”

Happier days: The West End track was once part of the annual Toi’s Challenge race, won in 2021 by Liam Dooley. File photo 

He presented a petition yesterday signed by 500 people supporting their proposal.

“Not because we could only get 500 people, but because they were the first 500 people we approached. So far we have received almost 100 percent community support.”

Many of those people had ticked a box on the petition offering help with the project, whether it was through giving money, physically helping or providing expertise.

“We’ve got all the skills and all the money and all the will in the world.”

Mr Oliver acknowledged Ngāti Awa as tangata whenua and Ngāti Hokopu as mana whenua of the area during his presentation.

Māori ward councillor Toni Boynton also acknowleged the significance of Kāpū te Rangi, the area where the track is located, to Māori as “site of the ancient pa of Toi ... one of the cradles of Māori civilisation”.

Mayor Nandor Tanczos said the council would make a decision in the new year when it had engineering reports and various associated reports presented to council.

“Those reports will then be released to the public.”

The council’s community experience general manager Alexandra Pickles said it had not ruled out involvement from volunteers in reinstating the walkway. However, the work involved complex landslip remediation in a high-risk area and the council had health and safety obligations to ensure any work was done properly and safely, regardless of whether it is carried out by contractors or volunteers.  

“If volunteers wish to be considered as part of the solution, they will need to go through the standard procurement process alongside other options once the council determines its preferred reinstatement approach.”

Support the journalism you love

Make a Donation