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tyred
Scuffed
Joined: May 02, 2008
Posts: 359
Location: On the western front
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 Posted: Sun 18th May 10:00am Post subject: Penalty For Riding In Waitakere Ranges? |
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Sorry if this has been discussed before, had a look and couldn't find anything. I'm wondering what the fine/penalty is for riding MTB in the Waitakere ranges on some of the walking trails....have asked around and nobody seems to know - have heard of a $50 fine, others have said $250, one guy told me they were talking about taking your bike off you  .
Ive checked out the ARC website, couldn't find anything in the management plan or heritage bill.
I figure they would give you some sort of warning if you pleaded ignorance, but would be nice to know what the exact rights were, if someone was to go riding in the ranges...
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wachtourak
Mangled
Joined: Dec 09, 2002
Posts: 30,550
Location: Skulking about
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| Posted: Sun 18th May 10:05am Post subject: |
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Just don't get caught and you'll be fine
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tyred
Scuffed
Joined: May 02, 2008
Posts: 359
Location: On the western front
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| Posted: Sun 18th May 10:16am Post subject: |
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Yeah that is an option - only riding on weekdays etc. I would like to know what I'm getting myself into before I go breaking any laws though (call me old fashioned...)
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Spokes
Wrecked
Joined: Nov 13, 2005
Posts: 4,676
Location: Loving LA
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| Posted: Sun 18th May 11:26am Post subject: RE: Penalty For Riding In Waitakere Ranges? |
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| tyred wrote: | Sorry if this has been discussed before, had a look and couldn't find anything. I'm wondering what the fine/penalty is for riding MTB in the Waitakere ranges on some of the walking trails....have asked around and nobody seems to know - have heard of a $50 fine, others have said $250, one guy told me they were talking about taking your bike off you .
Ive checked out the ARC website, couldn't find anything in the management plan or heritage bill.
I figure they would give you some sort of warning if you pleaded ignorance, but would be nice to know what the exact rights were, if someone was to go riding in the ranges... |
All you will do is F@#k it up for anybody trying to get a proper consent to set up trails. There are some very active Greenies that live around the Waitaks. I was up at a mates place once messing around with a chainsaw motor, we were going to put it on an old bike(seemed like a good idea at the time). We cranked it up and with in 5 mins 2 guys turned up saying we could not cut down any trees and did we have council consent to do so, and if we did why were they not told.
Get permission!! 
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neels
Slightly below average
Joined: Sep 05, 2007
Posts: 854
Location: Waiting for the great leap forward
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| Posted: Sun 18th May 11:47am Post subject: |
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You do realise that by posting what you have you have already formed intent to break the law 
Not a good start to your defence if you get caught
And as per the previous post, not helpful to the cause in the long term 
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sham
Scuffed
Joined: Apr 05, 2008
Posts: 295
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| Posted: Sun 18th May 12:51pm Post subject: |
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sheesh... feeling the angry vibes! no one said they were going to do anything... tyred was simply asking a hypertheticle question about a hypertheticle person hyperthetically riding in the waitakere ranges...
Sorry i cant answer your question either...
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tyred
Scuffed
Joined: May 02, 2008
Posts: 359
Location: On the western front
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| Posted: Sun 18th May 4:00pm Post subject: |
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I haven't posted any intent to break any laws. Besides, as such a small infringement of societies laws, it would fall under strict liability and would therefore be irrelevant what the riders mens rea (guilty mind, intent) was at the time. It may also, as an ARC rule, fall under delegated legislation (ie not the criminal court, parking fine) and would therefore most likely be strict liability.
For example; its similar to parking in the wrong spot - you will get fined under the idea of strict liability and the court would not have to prove you had intent to commit the crime, just evidence of the actes reus (the act of the crime). Posting on an internet site that you had intent would largely be irrlevant as the crime is one of strict liability; intent does not come into it.
However, a ranger in the field who came across you may prefer not to fine you (a lot of rangers I know wouldn't) and make a decision to give you a warning and let you go.
As for the argument about going 'softly softly' until we eventually get legal access - interesting, with some merit, however as I have read before, its going to take some time (if ever). In the meantime I hypothetically would not have a major issue with a very careful, slow riding cyclist riding on selected wide walking trails in certain parts of the ranges. I'm not saying I am that rider; I just want to know what the penalty is if somebody got caught and was prosecuted under the full extent of the law. It may be that there is no penalty - just a warning.
The thing that irks me the most is that the dog walkers can take their pooches anywhere in the ranges, scaring/killing native animals, running off the leash (even though they are not meant to) digging up the trails, parcping everywhere(ruining my park experience), and some of the main reasons for banning bikes is that we supposedly dig up trails, ruin other users park experience and scare the animals.
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FeHT
Ridden
Joined: Feb 24, 2008
Posts: 185
Location: In the bush
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| Posted: Sun 18th May 4:49pm Post subject: |
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Cooties
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neels
Slightly below average
Joined: Sep 05, 2007
Posts: 854
Location: Waiting for the great leap forward
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| Posted: Sun 18th May 6:34pm Post subject: |
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| tyred wrote: | | I'm not saying I am that rider; |
Actually I think you did | tyred wrote: | | I would like to know what I'm getting myself into before I go breaking any laws though (call me old fashioned...) |
It's good to see that someone with a good understanding of the law has the attititude that it's more important to establish what the penalty is before breaking the law than obeying it.
| tyred wrote: | | The thing that irks me the most is that the dog walkers can take their pooches anywhere in the ranges, scaring/killing native animals, running off the leash (even though they are not meant to) digging up the trails, parcping everywhere(ruining my park experience), and some of the main reasons for banning bikes is that we supposedly dig up trails, ruin other users park experience and scare the animals. |
Agreed, dogs are a pain in the esra, unfortunately to a lot of people so are mountainbikers.
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j0e90
Worn
Joined: Dec 16, 2005
Posts: 638
Location: Papacompton, Auckland
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| Posted: Mon 19th May 2:57pm Post subject: |
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FFS, another bloody thread about riding in non-sanctioned areas.
We have enough bloody trouble getting the people that count ( yes the mindless council drones ) to take us seriously, all it will take is one complaint from some old fossil out walking to undo any efforts to get some official trails going.
If it is a $5 fine or a $5000 fine should make no difference, we aren't meant to ride there then we don't.
Yes it is frustrating to see all that great land being 'unused' but if we don't treat it with respect what next, all the MX guys on their bikes start tearing the forest up?
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hickie
Back to the Jungle...
Joined: Nov 09, 2005
Posts: 1,851
Location: Down the Hutt
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| Posted: Mon 19th May 3:12pm Post subject: |
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Of course it's much better that Aucklanders hop in the vehicles and drive down to Rotorua even weekend rather than ride in their own local forests.....
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j0e90
Worn
Joined: Dec 16, 2005
Posts: 638
Location: Papacompton, Auckland
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| Posted: Mon 19th May 3:18pm Post subject: |
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Or go riding in Riverhead, Woodhill, Whitford, Hunua.
It's not as if there isn't anywhere to ride in the Auckland region!
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DEAD
Flogged
Joined: Apr 16, 2007
Posts: 3,324
Location: agginz wanna front, who got your back? (BIGGIE!)
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| Posted: Mon 19th May 3:21pm Post subject: RE: Re: Penalty For Riding In Waitakere Ranges? |
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| Spokes wrote: | | tyred wrote: | Sorry if this has been discussed before, had a look and couldn't find anything. I'm wondering what the fine/penalty is for riding MTB in the Waitakere ranges on some of the walking trails....have asked around and nobody seems to know - have heard of a $50 fine, others have said $250, one guy told me they were talking about taking your bike off you .
Ive checked out the ARC website, couldn't find anything in the management plan or heritage bill.
I figure they would give you some sort of warning if you pleaded ignorance, but would be nice to know what the exact rights were, if someone was to go riding in the ranges... |
All you will do is F@#k it up for anybody trying to get a proper consent to set up trails. There are some very active Greenies that live around the Waitaks. I was up at a mates place once messing around with a chainsaw motor, we were going to put it on an old bike(seemed like a good idea at the time). We cranked it up and with in 5 mins 2 guys turned up saying we could not cut down any trees and did we have council consent to do so, and if we did why were they not told.
Get permission!! |
sounds like you did a good job of gnikcuf it up for people. good one
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thorg
Gozzies: the new black
Joined: May 20, 2004
Posts: 12,712
Location: Looking for gozzies - have you seen any?
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| Posted: Mon 19th May 3:43pm Post subject: |
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 You obviously have an understanding of the legal principals - so go look up the Reserves Act. You will find the potential consequenses quite enlightening. The aurthority of warrented park officials are rather wide ranging. . .
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Owen
Failing.
Joined: May 06, 2003
Posts: 2,986
Location: Welly town
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| Posted: Mon 19th May 4:35pm Post subject: |
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| thorg wrote: | | You'll get us all fisted. |
Exactly 
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