"My motivations and concern for the landscape and community interests have not changed, but I now have extensive expert landscape and legal advice so am far more informed about the legal and resource consent implications of the proposal.
"It is now very clear that removing the track is not as simple as we or others thought, and nor will it achieve an outcome to everyone's satisfaction. We are simply not prepared to take a direction that will leave the land in a worse condition and one that involves us in further contentious arguments about whether the track should be closed."
Wilding said, however, that it would enhance the area and allow the track to remain and could possibly be delivered under the conditions of the winery's existing resource consent.
That would involve allowing a section of the eastern slope to be rehabilitated into a natural habitat delivering significantly improved and sustainable outcomes including enhancing biodiversity and bird habitat, while reducing the visibility of the track.
"To my mind, this is the only option that makes any sense. It achieves a positive outcome for the whole community and meets all of the relevant requirements of the RMA and the district plan."
For this option to go ahead, Hastings District Council and mana whenua would need to agree, and the consent could still be subject to judicial review, although unlikely.
Yet Environmental Defence Society (EDS) chairman Gary Taylor said the option was not acceptable.
"Craggy Range has misled the community – they promised to remove the track and now they are saying it can't be done, but it can be."
Taylor said EDS was going to have its landscape architect look at the options and would be seeking a meeting with Hastings council and the iwi to see if a straightforward way could be found to resolve the issue.
He said restoration of only a part of the track would still create a different landscape, potentially compromising the status of the hill.
In response Wilding said he was "far more interested in doing the right thing for the community here in Hawke's Bay than pandering to threats from Auckland."
He said the company had been transparent with the remediation assessment.
Resource Management barrister John Maassen assessed the report and said he advised Craggy Range that they needed to ensure any outcome was appropriate for the landscape and recognised the values that the community had placed on it in the district plan, including cultural, recreational and experiential.
"It's obvious the people who are really enjoying using the track put a high value on the recreational and experiential aspects, while EDS do not seem to be putting any importance on that whatsoever - they're looking at it as a landscape without those values."
He said that the area was considered an outstanding natural landscape, but had a lot of pasture and rural activities associated with it.
"If you have indigenous Hawke's Bay native plantings and biodiversity you are making it more natural".
He said it was not a problem that could be solved by the law, that the solution would come from people coming together.
Wilding said the next steps were now up to the Hastings District Council and mana whenua.
"For the sake of the community and so this issue doesn't continue to cause divisions or cost ratepayers in legal action against the council, I hope the Treaty partners can see their way to making the right decision together.
"Otherwise, we will have no option but to continue to rely on our consent and implement the subdivision to meet our contractual obligations relating to the purchase of the land."
Ngāti Kahungunu chairman Ngahiwi Tomoana did not respond to requests for comment.
