The Central Otago District Council is seeking legal advice regarding its responsibilities around the fencing of a legal road that provides access to a river and private property through farmland.
The property is owned by Wayne and Billee Marsh but is accessed by a formed track through the neighbouring property of Tarras farmers Beau and Ann Trevathan - a paddock in which cattle are grazed.
Council roading manager Julie Muir said the Marshes asked the council to form and fence the legal access last December, but were told the road did not meet council criteria.
So, they formed the road themselves, in May this year, without formal approval from the council.
The road formation required removal of some fences and a gate that ran across the road by Mr Marsh without council consent or the Trevathans' knowledge.
They requested the council require the Trevathans to fence the road to protect it from stock damage and so they would not need to drive through cattle.
Ms Muir told the council's roading committee the immediate issue was containing the cattle and she suggested an interim measure of allowing three gates to be installed by the Trevathans until August 15 when the committee could consider its obligations with legal advice.
However, Mr Marsh, speaking at the meeting, described the recommendation to install the gates as biased and flawed.
He said the cattle were being contained, and what they were after was safe and secure access to their property and public access to the nearby river.
"Why would you impose three gates on the road ... It was only fences that crossed the road, not gates, so why put gates in?"
Also at the meeting, Mr Trevathan said he was confident of the information Ms Muir had given to the council about the issue and there was nothing more he could add, except he agreed the cattle were being contained.
"There does seem to be some confusion around what council responsibilities are," Ms Muir said.
She warned councillors any decision they made could set a precedent as there were other similar roads throughout the district, Waikerikeri Valley Rd, for example.
