A new $15 million commercial wharf and floating pontoon in Thames will stay closed to the public despite outcries from residents over why the gates to it remain locked.

Thames-Coromandel District Council has opted to maintain access restrictions after it agreed to undertake a feasibility study on providing pedestrian access to the Kopu Marine Servicing and Business Precinct.

The gates have been shut and locked since its official opening in June.

At a council meeting on Tuesday, district councillors voted unanimously to keep the facility closed.

Council staff with input from the Kopu project manager from engineering consultancy Urban Solutions had considered the feasibility of providing pedestrian access to the wharf and recommended a course of action based on safety considerations, community interest and legal obligations.

The report identified two access options: maintaining restrictions or allowing unrestricted access to the wharf and pontoon.

After an assessment of safety and compliance, staff recommended maintaining restricted access measures.

The feasibility report presented at the meeting said that approach was “essential to uphold public health and safety obligations and effectively manage activities that could contribute to public nuisances”.

“Additionally, the external funding and business case for the project were specifically based on supporting commercial activity usage.

“To accommodate diverse needs, a separate recreational boat ramp and pontoon were established to clearly delineate and manage commercial and recreational activities.”

Deputy Prime Minister Winston Peters and Resources Minister Shane Jones at the official opening of the Kopu Business and Marine Precinct in Thames. Photo/Al Williams

The meeting heard there had been little commercial use of the wharf since its opening.

District councillor Peter Revel, who raised concerns at a council meeting in August, prompting an investigation after residents had been telling him they wanted pedestrian access, said he understood points made in the report but it would not alter the fact a lot of people wanted to go on to the wharf.

District councillor John Grant said Whangamatā and Whitianga had faced similar arguments over wharf access, and while looking at the original business case for the Kopu facility, he had noted a significant difference in what was forecast and the results to date.

“We are not hitting our budget plans for the case put forward, we are being inconsistent in the way we treat these facilities.

“We have poured millions of dollars into it [Kopu], is it time we look at some public use rather than sitting there waiting for things to happen? Is it time to review the original business case and use the facility for the benefit of the community?

“It is not being used in the way it was envisaged.”

The $15.58 million facility under construction in September 2023. Photo / TCDC

Thames Community Board chairman Adrian Catran said the board agreed the facility was underutilised.

“My concern is the lack of commercial use. My hope is that by Christmas it will be used.”

He said the council needed to install clear signage, explaining why the facility was closed to the public.

The meeting heard there had been several boats docked at the facility, but not at the volumes anticipated.

The council-owned facility opened on June 21 and includes three new maritime facilities: a commercial wharf, commercial slipway, recreational boat ramp, and parking for vehicles and trailers.

At the Kopu Marine Precinct, operations include in-water vessel servicing, vehicle movements (such as trucks), crane lifting activities (typically utilising Hiab cranes mounted on service vehicles), and refuelling procedures.

Those activities were generally classified as hazardous and subject to strict regulatory oversight.

The report said it was uncommon for such operations to be permitted in areas accessible to the public.

Both the operators of commercial vessels being serviced and the service vehicle operators were responsible for managing the hazards associated with their operations, including those affecting contracted personnel.

As the owner of the Kopu Marine Precinct, the council authorised those activities and could potentially bear liability in the event of a serious incident occurring on the wharf.

During the development of the business case and subsequent design development phases of the project, consultation and engagement was undertaken that identified the need and desire to have the commercial and recreational activities separated for safety and to control nuisance, the report said.

In 2022 the Kopu Marine Precinct was said to be the project closest to shovel-ready status in New Zealand. Photo / TCDC

The funding grant provided by central government agencies and the resource consent of the marine structures and carparks was based on clear separation of the activities, with priority for funding based on supporting commercial activities.

“Granting public access to the wharf is not a straightforward matter of opening the gate. Uncontrolled access would expose the public to significant safety risks, including hazards that could result in serious harm or even drowning. The primary danger is the risk of falling into the Waihou River, which is characterised by turbid water and strong tidal currents.

“Once caught in the current, individuals may be unable to reach the shoreline unaided without life vests or a safety boat.

“Even if they manage to reach the shore, the presence of deep, soft marine mud and dense mangroves along the coastline presents additional challenges, making safe exit extremely difficult.”

Additionally, allowing uncontrolled access would expose the council to a potential breach of its obligations under the Health and Safety at Work Act, which placed a duty on the council to ensure, so far as is reasonably practicable, the health and safety of all people accessing the site.

Failure to manage the risks appropriately could result in significant legal, financial and reputational consequences for the council.

Public access to the water for recreational activities such as boating and fishing was accommodated through a separate, purpose-built boat ramp and pontoon, the report said.

In cases where public access to the commercial wharf was required, such as for charter boat operations or private boat needing in-water servicing, operators could apply for a permit to use the facilities.

The project was 10 years in the making. Photo / Supplied

If uncontrolled access was provided to the wharf, as a minimum, the council would likely need to consider appointment of a permanent warden under the supervision of a harbourmaster to be present to co-ordinate operations and activities.

Modification to the wharf would also be required, such as a ladder, life rings, alarms and potentially a safety boat and suitably qualified skipper. The gate would also likely need to be locked after-hours on a daily basis.

The wharf was officially opened by Deputy Prime Minister Winston Peters and Resources Minister Shane Jones.

The project was 10 years in the making after a survey of Kopu business operators in 2013 identified infrastructure and service needs for the business park upgrade and gateway concept.

The 80m-long structure was designed to enable in-water marine servicing and vessel loading.

The project value was $15.58 million, the largest portion being $8.2m Regional Economic Development and Investment Unit funding.

Another $4.05m came from the Three Waters Reform Better Off funding from the Department of Internal Affairs.

A further $565,000 was granted from the Waikato Regional Council’s Regional Fund, while the Thames Community Board contributed $1.4m.

TCDC contributed $530,000 and Thames-Coromandel District Community Board ratepayers contributed $565,000.

Another $270,000 came from the Provincial Growth Fund.

Project timeline

2024 - Kopu Marine Servicing and Business Precinct opened.

2020 - $8.2m approved by the Government for the development of a marine and business precinct in Kopu.

2018 - A feasibility study for Kopu was completed and an application to the central government Provincial Growth Fund for a business case to progress the project was approved.

2015 - Kopu Doing Business Better programme was launched. A working group was established with representation from TCDC staff, NZ Transport Agency, Waikato Regional Council, iwi and the Kopu Landowners Association. In conjunction with BECA, a professional services consultancy, a draft Kopu development concept plan was produced. The draft Kopu development concept plan was submitted to the council’s Proposed District Plan.

2014 - With input from the working group, BECA produced a draft Kopu development concept plan - Stage 1 report was presented to Kopu businesses on in March 2014 for their comment and submission to the Proposed District Plan. Thames Community Board submitted to the Proposed District Plan in favour of the concept plan. This concept plan was intended to be a development framework that would form an additional layer of detail to the Kopu to Thames Structure Plan.

2013 - A survey of Kopu business operators was conducted that helped identify infrastructure and service needs and ideas for the Kopu business park upgrade and gateway concept. The survey resulted in the Kopu Concept Plan Analysis Summary.

-Waikato Herald.