Mountain bike policy

Introduction

This policy establishes guidelines for Auckland City Council to manage mountain biking in parks, reserves and other open space.

In this document, public space refers to parks, reserves and open-space lands owned or managed by Auckland City.

1.0 Objectives

Auckland City's objectives for managing mountain biking on public space are as follows.

1. To support, encourage and acknowledge mountain biking as a worthwhile recreation and competition activity.
2. To accommodate mountain biking on public spaces where it does not compromise the archaeological, ecological, geological, landscape and recreational values of the land, or impede public access or use.
3. To minimise conflict between mountain bikers and other public-space users by directing mountain bike use to appropriate locations, implementing signage, and promoting a code of conduct.
4. To establish criteria for selecting public spaces that are appropriate for mountain biking activity.
5. To build community support for mountain bike trails by encouraging public involvement in developing and maintaining them.

2.0 Background

Auckland City's Cycle and Walking Strategy (1999) identified that "a large number of Aucklanders own bicycles which they only use for recreational purposes". This includes cyclists who ride off-road on mountain bikes designed for rough terrain.

Mountain biking has developed as an extremely popular activity nationwide. The Auckland Regional Council responded in 1997 by adopting the Auckland Regional Mountain Biking Network Plan for managing biking in its parklands. Within Auckland city there is no comparable scheme and the city's cyclists must travel long distances to find purpose-built tracks. Many have resorted to public spaces managed by Auckland City for casual riding, particularly the volcanic cones. This is not ideal, as it is resulting in degradation of the landscape and archaeological features.

3.0 Policy

This policy provides strategic direction for mountain biking in Auckland city (including the inner city and Hauraki Gulf Islands) to alleviate informal riding practices in urban parks, particularly volcanic cones. It lists criteria for assessing whether public spaces are suitable for mountain biking trails and for ensuring adequate distribution of mountain biking sites, and details actions required to implement this policy, with an implementation programme. Education and enforcement are also discussed.

Developing guidelines for mountain biking on public space ensures consistent management across the city. Where there is any confusion, the relevant reserve management plan under the Reserves Act 1977 will take precedence over this policy.

Auckland City Council's policies regarding mountain biking in Auckland city are as follows.

1. To provide a variety of mountain biking opportunities within the city's public space.

Mountain biking is recognised as a worthwhile recreational activity in Auckland city, but there are a lack of riding opportunities. People ride mountain bikes for a variety of reasons, including exercise, appreciation of the outdoors, adventure, competition, and as a primary means of transport. Mountain bikers also prefer varying of levels of difficulty, often depending on their experience levels. This policy attempts to provide opportunities that cater for these varying needs.

2. To balance the provision of mountain bike opportunities with the needs of other users of public space.

Although there is always potential for conflict between users of public space, Auckland City has a responsibility to ensure this potential is minimised. Methods including user education, signage and well-planned track design will be used. Where necessary, Auckland City can enforce the provisions of this policy under the Consolidated Bylaw 1998.

3. To direct mountain bike use to public spaces where the risk of conflict with other users can be minimised.

The potential for conflict is related to the number of people using an area, with contributing factors including track widths and visibility. Auckland City will encourage mountain bikers to make use of trails located away from high-use areas.

4. To promote a code of conduct that minimises conflict between mountain bikers and other users of public space.

The code of conduct is a key mechanism for minimising conflict between users. It will also minimise environmental damage multiple-use reserve land. It is important that all users are encouraged to act responsibly and be considerate towards the needs of others.

5. To direct mountain bike use to public spaces where environmental degradation and damage to significant features can be minimised.

Some areas, particularly the volcanic cones, are more susceptible to environmental degradation than others and should be protected. Trails will be located away from sensitive sites, including those with significant archaeological, ecological and geological features. Physical vulnerability depends on factors such as soil consistency, conservation values, aspect, slope, drainage, soil structure, vegetation type and track construction. Where track improvements are not possible, directing mountain bike use away from these areas is a priority.

6. To encourage volunteer involvement in implementation of the policy.

Auckland City will encourage voluntary groups and local mountain biking clubs to be involved in constructing, maintaining and gaining funding for tracks, and assisting in mountain bike safety and education programmes. This will ensure facilities meet riders needs, and that changing riding behaviours, preferences and participation patterns will be identified.

7. To keep the policy under continuous review.

The policy will be kept under continuous review and adapted to changing circumstances and increases in knowledge.

4.0 Selection of public spaces for mountain bike activity

The Reserves Act 1977 outlines Auckland City's functions and powers in respect of the city's open spaces, including the ability to prescribe, restrict and prohibit activities that occur in reserves. As such, all public spaces shall be closed to mountain biking unless identified for this purpose by Auckland City.

It is an offence under Section 94 (l) of the act to trespass with any vehicle on any reserve without being authorised by the administering body. A vehicle is defined by the act as "a contrivance equipped with wheels or revolving runners upon which it moves or is moved; and includes a contrivance from which the road wheels or revolving runners have been removed."

For areas not subject to the act, the Consolidated Bylaw 1998 specifies that Auckland City can enforce penalties to regulate activities, particularly in the case of public nuisance.

4.1 Access limitations

Parks officers may close or re-route tracks for safety purposes and to protect the natural and heritage features of the park, and information on closures and restrictions will be made available to the public. The public will have the opportunity to make submissions on permanent closures and restrictions.

Some public spaces have no access or access through private property only. These will remain closed until formal access is secured and will only be made available for mountain biking if the space is suitable under the terms of this policy.

4.2 Criteria

The criteria for assessing which public spaces will be available for mountain biking are, in order of priority, as follows.

1. Consideration of environmental and recreational values
2. Consideration of cultural and historic values
3. Physical capacity
4. Multiple-use capabilities (safety of all track users)
5. Public demand

1. Consideration of environmental and recreational values.

Factors for assessing the impact of mountain biking on the environmental and recreational values of public spaces are:

• whether the predominant use of surrounding reserve (grazing, passive, sports park, community use) supports mountain biking
• impact on ecologically significant areas
• presence of native vegetation and wildlife on or close to the proposed track
• extent to which the affects can be reduced by imposing controls, regulating use or by altering the facility

2. Consideration of cultural and historic values.

Factors for assessing the impact of mountain biking on the cultural and historic values of public spaces are:

• impact on sites of cultural significance, eg waahi tapu
• impact on heritage and archaeological sites on or near the track (measured against the impact of other users)
• extent to which the affects can be reduced by imposing controls, regulating use or by altering the facility

3. Physical capacity.

Factors for assessing whether a track can physically sustain use by mountain bikes are:

• track slope (to a maximum value)
• soil compaction and wearability
• ability of soil to drain and dry out quickly
• presence of existing track
• presence of steps
• presence of obstruction
• current track condition

4. Multiple use capabilities (safety of all track users).

Factors for assessing whether mountain bikers can use a track safely with other track users are:

• estimated number of pedestrians and other users year round, eg high-use pedestrian routes, booked picnic sites
• range of other users, eg walkers, horses
• width of track
• visibility along tracks
• complexity of tracks
• amount and quality of signage

5.0 Code of conduct

Cyclists will be encouraged to observe the Off-Road Code advocated by the New Zealand Mountain Bike Association, which promotes safety, responsible riding and a respect for other reserve users (see appendix one). The key elements of the Off-Road Code are:

• maintain control
• ride within the conditions
• give plenty of warning
• limited visibility - slow down
• keep left where possible
• pass with care
• be courteous
• always give way
• avoid skidding
• minimum impact code
• avoid sensitive areas
• get permission
• shut the gate
• do not run livestock
• respect areas closed to mountain biking

6.0 Enforcement

Enforcement of this policy will be through part 20 of the Auckland City Consolidated Bylaw 1998. This part controls public facilities such as grass verges, garden areas, reserves, accessways, parks and recreation grounds. It also controls activities within public places, which may have an adverse effect on other users. Provisions relating to bicycle riding in the city are set out below.

6.1 Part 20.3.1(o)

A person shall not:

• ride a bicycle in a manner which endangers or is likely to endanger any other person or cause or be likely to cause damage to any property, natural feature or flora or fauna in a public place

The infringement fee for the use of a bicycle in a public place in a manner:

1. Which endangers or is likely to endanger any person shall be sixty dollars ($60.00);
2. Which damages any property, natural feature, flora or fauna, or injures any person shall be as provided for by the Fourth Schedule of the Land Transport Act 1998 ($750.00)

Council reserves the right to restrict all bicycles to formed roads or specially designed paths on volcanic cones, and cycling is not permitted on recreational walking tracks unless specifically permitted or provided for.

6.2 Part 20.8.

20.8.2 An authorised officer may:

Restriction on use or closure for maintenance

(a)Restrict or close entry to all or any portion of a reserve during such times as are considered necessary to prevent damage to, or allow maintenance of the reserve. Such restrictions or closure shall be advertised by appropriate signs placed at the entrances to the reserve or adjacent to the place where the restriction or closure is in force as may be appropriate in the circumstance;

Exclusive use of reserves

(b)For such periods as are considered appropriate set aside the whole or a part of a reserve for the exclusive use of particular groups or for particular types of recreational activities. The Council may charge for the right to have exclusive use of any reserve or part of a reserve.

20.8.3 A person shall not on any reserve:

Access

(a) Enter or leave the reserve except through the opening, gateways, entrances or exits provided;

Disturbing behaviour

(b) Act in a manner which would be likely to disturb the enjoyment of the reserve by other persons lawfully using the reserve.

Request to leave a reserve

20.8.4 Any person found to be committing a breach of the provisions of Clause 20.8 shall, upon request by an authorised officer, immediately leave the reserve and shall be prohibited from returning to or being upon the reserve for such period as the authorised officer deems fit. Any person so ordered to leave shall still be liable to be prosecuted for any breach of the Auckland City Consolidated Bylaw 1998.

20.8.5 Any person who fails to comply with reasonable speed to a request made by an authorised officer in accordance with Clause 20.8.4 shall be guilty of a further offence.

7.0 Specific actions

The following lists some of the actions to be implemented between publication of this policy and the next policy review in 2006, to provide safe riding opportunities for mountain bikers in Auckland City.

1. Evaluate, in consultation with stakeholders, the feasibility of developing recreational mountain bike trails in public spaces. Emphasis will be on an even distribution of trails across the city. Initial scoping has identified Hamlins Hill, Craigavon Park and Grafton Gully as sites for further investigation.
2. Evaluate, in consultation with stakeholders, the feasibility of developing an area primarily for use by mountain bikers for recreational use and organised events.
3. Produce brochures promoting the policy, code of conduct and enforcement provisions, and distribute them throughout the city via outlets such as cycle shops and mountain bike clubs. Subsequent maps will be produced showing the most suitable areas and tracks for mountain biking for different experience levels.
4. Develop and implement Living Parks signage that provides track information on route, direction, grade and operations, eg track closed for maintenance. This will be designed in consultation with mountain bike groups and other agencies. Emphasis will be on using vandal-resistant signage.
5. Monitor track use by mountain bikers to assess the impact on the track surface and surrounding vegetation, and ascertain track-use patterns, carrying capacities and areas requiring track development.

8.0 Implementation programme

# It is generally difficult to determine costs until investigations have been undertaken.

^ Depends on factors such as terrain, extent of vegetation and soil type.

* Depends on factors such as terrain degradation and volume of use.

9.0 References

Auckland City Council (1999) Grazing Policy,Auckland: Auckland City Council

Drake, A (1998) Mountain biking in Auckland Regional Parklands, Auckland: unpublished

Kennett, P; Kennett, S; Kennett, J (1996) Classic New Zealand Mountain Bike Rides, Wellington: Kennett Bro's

LA4 Landscape Architects (1997) Volcanic Landscapes And Features Management Strategy, Auckland: Auckland City Council

Auckland City Council (1999) Auckland City Council Cycle and Walking Strategy, Auckland: Auckland City Council

Wellington City Council (1998) Off-Road Mountain Bike Policy, Wellington: Wellington City Council Publication and Design

Two hundred written responses to a questionnaire distributed by the Auckland Mountain Bike Club provided substantial local information for developing a draft policy and for future projects.

Appendix 1

Code of conduct (Source: Kennett et al., 1996; Wellington City Council, 1998)

Prepared by Auckland City Council. Approved by the parks and recreation committee of Auckland City Council on 28 September 2001.

Please direct all enquiries to the Community Planning Group, Auckland City Council, Private Bag 92 516, Wellesley Street, Auckland 1.

ISBN 0 908834 52 7

Printed November 2001.