The Russian billionaire, the endangered duck, and the promised public access that remains elusive

Friday, 19 July 2019

Ten years after Russian billionaire Alexander Abramov bought the land for his luxury estate north of Whangarei Martin van Beynen goes looking for the promised access to the breeding grounds of a rare duck.

On holiday in Northland recently, I had a hankering to see some pāteke (brown teal duck) and I knew just where to find them.

They were on a 214-hectare property perched on the magnificent coastline of Helena Bay about 40 kilometres north-east of Whangarei.

Apart from endangered ducks, the property has other interesting features. The once scraggy bit of farmland has been turned into an exclusive estate complete with a luxury lodge that charges about $2000 a night.

**READ MORE:

* Russian billionaire owner of Helena Bay Lodge puts superyacht on market

* Helena Bay Lodge in Northland named the world's best new luxury hotel

* Billionaire's water request extended to smooth Māori concerns

* Singer Donny Osmond celebrates 60th birthday at luxury Northland retreat

* New Zealand luxury lodges offer 'beauty, tranquility'**

Unsurprisingly the property has a big steel gate, an intercom system and warnings about video surveillance. Bird watchers are not made to feel especially welcome.

I knew about the pāteke because over the years I've written a few stories about the property's owner Alexander Abramov and the property which now hosts the Helena Bay Lodge.

He bought the land through a trust in 2009 after getting the required Overseas Investment Office (OIO) approval and has much improved it with planting and protection of existing bush.

The OIO set certain conditions, one of which was that he offer the Walking Access Commission an easement over a formed and signposted path from the property's entrance to a pāteke viewing point.

It's not quite as simple as that, but, 10 years since the purchase, I was still expecting to see a little carpark, a sign and a formed track to the pāteke. Instead, after several drive pasts, there was nothing - nothing obvious anyway.

According to Helena Bay's managing director Chris Seel, who worked with Abramov in Moscow and who I spoke to this week, the carpark and track does exist, and so does a sign, but he did not want to elaborate further on why it was so hard to find.

'We have complied 100 per cent with the OIO conditions,' he said. 'Let's leave it at that.'

He also made some unflattering remarks about the media and said it was sad the focus was not on the environmental and employment benefits Abramov's investment had provided.

When Abramov bought the property in 2009, he agreed to offer the Walking Access Commission much more than the 200-metre track to the ducks.

The original agreement was he would offer public access from the property entrance along a marked route to Mohei Bay and then along the coastline to Otara Point.

This had been worked out after talks with the Department of Conservation (DOC), the local Mokau marae and Mokau kaumātua. The track's route was DOC's idea.

Over 2009 the proposed conditions went through a number of changes with the result that the Ngātiwai Trust Board, in whose rohe the land falls, got the walking easements. The Mokau hapu also got control to access over parts of the track to the beach and along the coastline.

Nevertheless I should still have been able to see the ducks. What had happened?

It appeared that ten years after Abramov bought the land, the general public had been completely shut out.

Clearly this was a benefit to both local Māori and Abramov, who remain on very good terms, but not what was intended when the OIO granted approval.

I went back to work and made some Official Information Act requests and looked back through my own file.

From the documents it's not entirely clear what happened but the main developments were obvious enough.

Abramov's representative, Chris Seel, first wrote to the Walking Access Commission on June 11, 2009, offering the required easements.

The easement went from the property's entrance to the coast. Some of the track would be formed, some would just be marked and some would be unmarked.

The commission responded that it wanted to 'pursue' the offer but by August the offer had changed.

Seel emailed OIO suggesting a better way to handle public access. He proposed one public access right over the land to be managed by DOC, Ngātiwai and Abramov interests. It would be simpler if the walkways commission was not involved because that would simpler, he said, and nothing would be lost.

On the same day, Shaughan Anderson, DOC's visitor assets manager, emailed his superiors, saying the report he had written for the OIO (outlining the track) had created some 'angst' between Abramov interests and Ngātiwai.

Despite the consultation with the Mokau marae and local kaumātua, some cultural issues had been overlooked, he said. He suggested a similar arrangement to that proffered by Seel.

Later in August, Ngātiwai produced a cultural impact assessment mentioning sensitivity around the pā and wahi tapu (burial) sites on the Abramov land.

'We propose a walking access covenant in favour of DOC in which a tri-party management of the covenant is further documented,' it recommended.

By the middle of September (we are still in 2009) the OIO had agreed to new conditions but in October yet another proposal emerged.

This gave the walking commission an easement to the pāteke pond viewing platform but the rest of the easement would be in favour of the Ngātiwai Trust Board with special rights to the Mokau hapu.

What did the walking commission think of this? On October 15, an official wrote to Seel insisting on the easement going to the commission with DOC as the controlling authority. But: 'If there are areas where Ngātiwai want to have an absolute veto right over public access, these areas would not be consistent with a walkway easement.

'We would be happy for the walkway not to extend to such areas provided the walkway extends at least to the viewing area. Access to such land would then be a matter between Ngātiwai and the landowners which could take whatever form they wished.'

Whether he knew it or not, the official had, with that breezy statement, given away public access to the coastline.

The question then was whether anyone else would step in to protect the public interest.

In November a DOC official, probably Anderson (names are redacted from documents), emailed Seel to say the proposed easement to the hapu for most of the walk did not 'achieve pubic access'.

'If you wish to covenant or gift the pā to iwi that is fine but the walkway (down to Mohei Bay and around to Otara Point) needs to be to the Walking Access Commission.'

Seel quickly responded suggesting they carry on with the proposal, adding more clarity by adding the Mokau Marae's walking access had to include the 'public of New Zealand'.

That appears, according to the documents anyway, to be the end of DOC opposition.

On December 7, 2009, Seel wrote to the OIO outlining new public access conditions. The walking easement had been split into four sections.

The first went from the road to the pāteke pond viewing platform and was in favour of the walking commission.

The next section was from the viewing platform to the pā. The easement would be in favour of the Ngātiwai Trust Board and provide access to the Mokau hapu and guests including the public of New Zealand.

The following and probably most important section of the walkway to the coast would be covered by easement in favour of the Ngātiwai Trust Board and grant walking access along an unformed and unmarked track to Mokau hapu and invited guests.

'The intention is that genuinely interested members of the public may request permission from Ngātiwai to pass over this route.'

The easement over the last section, stretching from Moturoa Island to Ōtara Point, would be structured so only Mokau hapu and special guests (not the general public) would have walking access.

Seel would have to wait until April, 2010 for the OIO to approve the new conditions.

A year later Seel emailed the walking commission saying the path to the viewing platform was finished although the carpark was still to be fenced and signage installed.

The documents don't show whether the commission responded and in the meantime construction of the luxury lodges at Otara Bay continued. The land was also subdivided into five lots and Abramov interests leased the neighbouring land owned by members of the Mokau hapu. By July, 2014 the walkway to see the pāteke duck pond was still under discussion.

In January 2015, the Walking Access Commission met with Seel due to questions Stuff had asked about public access to the property.

The commission official, according to his report, observed the walkway to the viewing platform was unmarked and had no entrance sign.

'I would not have known where to go without guidance,' he noted.

He said Seel believed the owners had honoured the OIO conditions by forming the track but were not interested in promoting general public access.

'They see that as WAC's role but it was clear to me that their preference would be to have no general public access. Their view is that the property is open to the public on a commercial basis via payment for the experiences and services provided.'

However Seel agreed to fund an entrance sign following discussions over wording.

The commission official also noted Ngātiwai were not keen on public access to the pā via the easement but accepted the easement gave public access.

'Nevertheless Ngātiwai have no intentions of marking the track to the pā and thus the public will continue to have no knowledge of it and how to get there.'

He concluded the walk to the viewing platform was of minimal value unless it continued to the pā lookout, especially since the ponds could not be seen due to regrowth.

He flagged the need to clarify Ngātiwai's obligations to provide formed or marked access and whether it had veto rights.

The documents do not show what happened to those queries but by March, 2015 the walking commission has confirmed it did not want the easement offered and understood 'public access will be secured by [the easement] becoming part of the Ngātiwai Trust Board easements'.

Fast forward to 2019 and, for a duck fancier like me, no public access appeared to exist and I was looking for it.

This week I asked the chairman of the Mokau Marae, Hepi Haika, who has nieces and nephews working at Helena Bay lodge, how the marae managed public access over the Abramov land.

He was not sure but said visitors could use the intercom at the entrance's locked gate and go up to a building.

'If you go any further, it's up to them.'

He referred me to Mokau Marae trustee Clive Stone who lives up the road from the Abramov property and who is in charge of public access.

Stone, also unsure of the exact terms of the easement, said the Mokau hapu did not want people going up to the pā site without prior approval but it was his understanding the track went around the pā.

His attitude was 'walk where ever you want but stay off the pā because we want to protect them'.

'If you skirt round the pā, I think that is open to anybody.'

If he had no worries about public access, why were there no signs? I asked.

'That's a question you need to ask them Russians.'

That still left the question of how to get onto the public access easements from the road. In other words you need to know about the track to the duck viewing platform to get to the second stage of the track to the pā.

Anyway let's end with some good news. The ducks are apparently doing very well.