The owners of Cromwell’s Kiwi Water Park fear they won’t be able to open this summer due to bureaucratic red tape.

The popular water park, located on a reserve shared by freedom campers and boaties off State Highway 8 in Lowburn, is caught up in lengthy delays and indecision between Land Information New Zealand (LINZ), Waka Kotahi NZ Transport Agency (NZTA) and the Central Otago District Council (CODC) over a right-turning bay into the reserve area.

If the issue isn’t resolved by November 4, the park won’t have a licence to legally operate this summer, the owners said in a statement provided to media.

“We have been waiting for six months for a decision over whether we need to install a right turn bay into our park, or if the speed limit should be lowered instead, to legally operate – but no one will give us an answer,” Kiwi Water Park co-owner and marketing manager Emily Rutherford said.

“In the meantime, our business planning and recruitment of staff for this season hangs in the balance – we’ve got two months till we open and we need action urgently.”

Established in 2020 by Emily and her mother Janet Rutherford, the water park has gained a national following over the past two summers. Last summer saw 30,000 people through the park – a 100 per cent increase on the previous year.

LINZ has yet to decide whether or not the park will be allowed to operate this summer

Kiwi Water Park was originally granted a six-year consent by CODC to operate at the Lowburn Reserve – an area frequented by campers and boaties as well as water park users. Last season, the Rutherfords shifted the park to a more sheltered area at the reserve and had to apply for a variation to their consent. At the time, Waka Kotahi raised concerns about the amount of vehicles entering the reserve, so a temporary speed reduction along the stretch of road was installed.

“To get the amended consent we made an agreement with CODC, LINZ and NZTA that we would monitor the amount of traffic the water park customers brought in, and LINZ would monitor the overall area and count numbers of freedom campers staying there overnight,” Emily said.

Research concluded that the majority of traffic was caused by freedom campers and boaties – and that a right turning bay was needed. The parties reconvened in April this year, with LINZ suggesting that the area would become a no-freedom-camping zone, she says.

“Myself and NZTA staff left this meeting assuming that this was what was happening. Since then LINZ has stated they have not decided what they are going to do and whether or not they are going to allow us to operate or not.”

 Earlier this month the Rutherfords wrote to LINZ Minister Damien O’Connor in desperation – he replied saying that LINZ is still considering the application.

“We were given a six-year consent to operate, so in good faith we’ve invested hundreds of thousands of dollars in equipment and infrastructure for the enjoyment of many. But in reality we’ve only been given two years. That’s not fair,” Emily said.

Kiwi Water Park’s amended resource consent conditions, set by CODC, states that “any improvements/alterations required as a consequence of this process must be completed to the satisfaction of council no later than 4 November 2022”.

The Rutherfords say they’re happy to contribute towards some of the costs for the right turning bay – so long as they can be guaranteed a longer lease period. However, even if this was to go ahead, a turning bay would not be completed by the November deadline.

The Rutherfords have also suggested Waka Kotahi could lower the speed limit in the area – but this suggestion has also been stonewalled by the authorities.

“This whole process has been incredibly frustrating. Kiwi Water Park has received zero public funding and has been a success story out of Covid – we have received phenomenal support from the local community and thousands of people love the park,” Emily said.

“Living with the constant threats from LINZ, CODC and NZTA that they may shut us down is completely unfair. It’s now two months before we’re due to open and we should be busy recruiting locals for another summer season and contributing to the local economy.”