“Walkers are being funnelled into conditions that can involve deep water, strong currents and limited escape routes.
“This creates a foreseeable drowning risk … I am deeply concerned that the current configuration materially increases the likelihood of serious injury or loss of life.”
Julian Batchelor, who owns 3.5ha in the area including Oke Bay Lodge and the first few hundred metres of track, posted a video on YouTube showing three New Zealand trampers recently struggling in thigh-deep water on the new route.
The video shows Batchelor guiding the trampers back to safety.
Once on land, one tramper said she thought she would drown, and her friends agreed the route was “pretty gnarly and dangerous”. They were all confused about the directions.
Batchelor told the Northern Advocate he went to help them as he “heard shouting”.
The new route is longer and dangerous, he said, and there were thousands of New Zealanders and international visitors who walked the track each year.
“It’s absolute insanity.”
Batchelor claimed for half of the days in each month, the track cannot be safely used during the two‑hour window around high tide.
“Imagine how pissed off people will be if they arrive here and they can’t walk it because the tide is too high.”
A warning about the new route was published on the DoC website on December 15, saying the old route crossed private land which is no longer permitted.
The 16.3km track, which takes about eight hours to traverse, has been a co-operative venture between the Te Rāwhiti 3B2 Ahu Whenua Trust and DoC since 2001.
Changes have been made to the start of the Cape Brett track, meaning trampers now have to navigate tides to walk along Oke Bay.
Six kilometres of the track is on public conservation land and 10km passes over private land owned largely by the trust, which is run and maintained by the trust’s agent, Cape Brett Walkways.
“They are responsible for track route decisions on their land,” DoC regional director of operations Phelan Pirrie said.
Pirrie said DoC collects a $50 fee from people to walk over the private land.
“We take a commission of 15% for running the website and booking system, and the balance is paid to Cape Brett Walkways.
“What they do with the money after that is between them and any other landowner.”
There is a separate booking system for the Cape Brett hut, which is on public conservation land.
Batchelor, who fronts the group Stop Co-Governance, said Cape Brett Walkways paid him $3 per person for walking over his section of land.
Julian Batchelor at a Stop Co-Governance meeting in Kerikeri in 2023. Photo / NZME
He said they stopped payments.
“They said they were changing the direction of the track and didn’t give any reason.”
Batchelor claims the change was political because of his views that “co-governance is not in the Treaty and I have been outspoken about that”.
“The track should not be political; it shouldn’t be weaponised. It’s a public walking track.”
Cape Brett Walkways owner Peter Stuart said the route was changed so it wasn’t going over private land.
As for Batchelor’s claims it was because of his association with Stop Co-Governance, Stuart said “no comment”.
Stuart didn’t think the track was dangerous.
“If people read all the online information about the track, it is classed as an advanced tramping track.
“We’re not walking the Hātea Loop here.
“Once they dive into the classification of the track they’ll have a better understanding.”
Pirrie reiterated that the Cape Brett Track has always been classed as an advanced tramping track that requires a high level of fitness.
“Upon being notified of the changes to the track, the department took immediate steps to warn the public on its website of the safety issues related to the new route.”
Pirrie said because it is private land, public consultation was not required.
“The section of track in question is not administered by DoC.
“However, the department is improving the track on the 6km it administers.
“Construction work to upgrade the Oke Bay staircase will take place in May 2026.”
A petition on Change.org calling on DoC to reinstate the original track has so far gained more than 400 signatures.
Pirrie said, “that is a decision for the trust and its agent”.
Jenny Ling is a senior journalist at the Northern Advocate. She has a special interest in covering human interest stories, along with finance, roading, and social issues.