Ontrack to dictate terms (via deed of grant) for level crossings
There are a great many people who will be adversely affected by these intentions. Obviously no farmers will be keen to lose the use of the rail crossings they currently use. Nor will they be keen to pay for the privilege of crossing a set of rails whose presence bisecting their land is an ongoing inconvenience, even as things stand.
I would like to think this issue is one that is immediately recognised as something that is a threat to concepts that most NZers hold dear: the continued right to unfettered access to their own land.
It was in 1903 that the land here in Scargill was bisected by the newly arrived rail system. This was an imposition permitted by the Public Works Act. The establishment of the NZ Rail System was no doubt an accomplishment of considerable public good. The bisection of the farmers land back then would have been a major nuisance. One can only imagine the consequences if such was to befall our own properties today. The inconvenience and potential danger in being able to cross these rails in a strictly limited number of places, is not something that has diminished over time.
Liability for straying stock (even where the fault lies with causes other than the farmer) is squarely levelled at the farmer.
Ontrack who now administer the rail wish to escape responsibility for fires that spread from the rail to adjacent farm land. I am told by our Member of Parliament (Colin King) that farmers in part of his electorate have been sent letters in which Ontrack divest itself of all responsibility in the event of such fires.
I have seen the effect of the run-off of powerful herbicides after rain, that have killed swathes of pasture that have remained bare long enough for metre deep erosion to develop.
With these observations in mind it is astounding to witness the degree to which things have changed. From a situation where the rail system entered the farmers life and psyche, provided services at countless small rural locations, stockyards, sidings, goods shed and stations, to today where regard for the collective good has evaporated and the boot is entirely "upon the other foot." The rail dictates to the farmer as if the farmer were beholden to "it."
*NO* new rail crossings will be established. This precludes all farmers from entertaining the notion of establishing any further subdivision of their land where access to such subdivision would only be possible by the establishment of a new rail crossing. This is a severe limitation. I know of one in Omihi who has given up such a dream because of that impediment.
The case that bought this topic to my attention is the proposed purchase of 25 Hectares of land from my uncle. That land is bisected by the railway, and the proposed house site (in a location with sufficient elevation to provide line of sight connection to broad-band internet) is across the rails.
Only when the Hurunui District Council dictated that the subdivider obtain an "unconditional acceptance" by Ontrack did we learn of the difficulties involved. They have made it clear that it will be mandatory to enter a Deed of Grant. They have done nothing to enlighten us about the cost or conditions nor have they stated that the continued use of the crossing will be guaranteed subsequently. They have also not stated what will happen to uncles other existing crossing.
Taking into regard Ontrack's Statement of Corporate intent to the effect that they propose to close as many private rail crossings as possible, their intention would impact adversely upon all effected land owners.
Action must be taken to prevent or at least reach compromise. I encourage land owners and others effected by this issue to contact Ontrack, contact their MP and make a noise for if we don't.....
