Media Release

8 March, 2007

Independent adjudicator awards lease of Laingholm reserve to Muddy Creek Riders

A two year dispute between two rival riding clubs in Waitakere has led to a leading barrister deciding that one of them, the Muddy Creek Riders, will have the lease of Owens Green Reserve, in Laingholm.

After two years of failed attempts to resolve the differences between the feuding clubs, the council believed it was in an impossible position.

Accordingly, in November 2006, it commissioned a senior legal counsel, Matthew Casey, to conduct an impartial investigation into which club should have use of the Reserve.

Mr Casey has recommended that the Muddy Creek Riders should be given the lease.

It had been held by the Laingholm Riding Club from 1992 until it expired in 2006.

The Muddy Creek Riders was formed in 2005 by former members of the Laingholm Riding Club – citing differences with the club that could not be resolved.

The two clubs came into dispute over which of them should have the lease to Owens Green Reserve and were supported by different members of the local community.

As a result, the council, in the best interests of the community, undertook a two year resolution process, seeking a win-win outcome for both clubs.

This ultimately failed when one of the clubs refused to accept mediation.

Given this background and the bitterness of the divisions, the council felt that it could not arrive at a decision that would be seen as impartial, and retained Mr Casey.

Mr Casey designed and conducted a public submission and hearings process to enable the clubs and the public to state their cases.

He has now issued a 22 page report of those proceedings.

In the report he says that the structure of the Muddy Creek Riders Club was more “democratic” than that of the Laingholm Riding Club and therefore, it was in a better position to achieve ‘the best community outcome’ criterion required under the Reserves Act 1977.

He was also more impressed with the Muddy Creek Riders’ future management plan for the reserve.

His decision was that the lease shall be given to the Muddy Creek Riders.

He recommended that the decision not be implemented for three months to give both groups time to make new arrangements.

“This was a pretty emotive local issue, particularly for the members of each club,” says Christine Shepherd, chairperson of the Waitakere Community Board.

“But we had to take the heat, the personalities and the emotion out of the dispute. Mr Casey is an expert in the law and has many years experience in evaluating evidence to arrive at a decision which is based on the facts and not on emotion,” Mrs Shepherd says.

“It is most unfortunate, however, that this issue could not have been resolved amicably. That would have been preferable, there would have been an agreed outcome. As it is we have a decision but it may take some time to heal the wounds."

ENDS

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