This page last modified 17 September 1999
South
Island high country
Treaty
of Waitangi & Maori claims
PHOTO:
Greenstone Valley (127K)
Analysis of submissions
on this tenure review
PANZ Monograph
Number 9
ISBN 0-9583363-8-5
Public Access New
Zealand
June 1996
Submissions are invited on these proposals
These should be sent to--
Public Access New Zealand, P.O.Box 17, Dunedin;
or fax (03) 447 3554
by 26 August 1996
1. To allocate approximately
30,000 hectares of former pastoral leasehold and Unalienated Crown
Land to the Department of Conservation (includes all mountain
lands, and floors of Mararoa, Greenstone and Caples Valleys, and
lake faces above approximately 820-850 m asl).
2. To offer a grazing licence over approximately 100 hectares
of proposed conservation estate on the floor of the lower Caples
Valley. Use to be confined to sheep grazing, subject to stocking
limitations, based on monitored condition of vegetation, water
quality and riparian areas, and impacts on adjoining conservation
lands. Public access to be over the area at all times.
3. To reclassify as 'farm land' approximately 2250 hectares of
Lake Wakatipu lower faces, terraces and Dart valley floor, and
offer freehold title subject to creation of marginal strips along
streams.
The former pastoral leases,
on the western side of Lake Wakatipu and the Dart River, cover
valley floors and mountain tops which are intermingled with forested
public conservation mountain lands in the Mount Aspiring and Fiordland
National Parks. The properties comprise the flats of the Dart,
Greenstone and Caples Rivers, Wakatipu lake faces, the head waters
of the Mararoa River and the tops of the Humboldt, Ailsa, Thompson
and eastern Livingstone mountains.
Substantial public facilities (huts and tracks) are established
on the former leasehold without any
formal protection or rights of public usage.
Distinctive physical characteristics of the area are relatively
high rainfall, cool temperatures, large inland valleys, and high
mountains.
Developed farm land against a backdrop of rugged peaks combine
to make a spectacular setting. The whole region has been heavily
glaciated over the last 500,000 years and all major valleys show
characteristic U-shaped profiles.
In 1992, at the request of the
Ngai Tahu Maori Trust Board, the government purchased the lessees'
interests in three pastoral leases covering the Greenstone, Elfin
Bay and Routeburn Stations. Small areas of freehold were also
purchased by the Crown.
Approximately 32,000 hectares were placed in a 'Land Bank' for
"possible" future settlement of Ngai Tahu land claims.
As a consequence of the Crown purchase there are no lessees or
runholders. The land is currently administered by the Commissioner
of Crown Lands (CCL) in a similar manner to former Lands and Survey
farms. The CCL administers the land on behalf of the Minister
of Justice via the Office of Treaty Settlements. The area grazed,
relative to the total area, is relatively small, and the area
intensively grazed even smaller.
In accordance with the requirements of section 51 of the Land
Act 1948, the properties were classified as 'pastoral land' under
the former leases, and remain so classified. They are held by
the Crown as Unalienated Crown Land (UCL).
The Minister of Justice has stated that any tenure review over
the properties will be identical as for a pastoral lessee seeking
a tenure review. The procedures required to be used are those
developed by the CCL entitled 'Procedures for Pastoral Lease Tenure
Review', dated 6 December 1994.
So far Government has failed in its undertaking for "identical"
procedures to those used for tenure review on pastoral leases.
This is despite repeated requests from PANZ that the review process
be commenced.
Public Access New Zealand believes that because of a long history
of public use of the stations, there is sufficient information
available now for official proposals to be publicly canvassed.
These proposals flow from the large body of resource information
that is already publicly available, and users' detailed knowledge
of the area. Most of the information presented herein is drawn
directly from official sources.
It is hoped that these proposals will provide a spur for Government to honour its commitment to properly consult the public on this issue. These proposals should also provide in a strong indicator of the outcome popularly desired.
PANZ will analyse submissions received, and review and amend these proposals in the light of those submissions, and the requirements of the Land Act 1948. We will then submit these to Government for its consideration.
The Elfin Bay-Greenstone-Routeburn area was originally purchased by the Crown in 1848 and 1853, under the 'Kemp' and 'Murihiku' agreements.
In 1991 the Waitangi Tribunal
reported on Ngai Tahu land claims over much of the South Island.
The Tribunal findings on the Kemp and Murihiku purchases relate,
inter alia, to inadequate reserves, failure of the Crown to exclude
particular lands from sale and failure of the Crown to protect
mahinga kai.
Two key elements of the grievances heard by the Tribunal related
to the western boundaries of the Kemp and Murihiku purchases by
the Crown. Ngai Tahu claimed that the western boundaries were
the foothills above the Canterbury Plains, and the Wairau River
in Fiordland. In other words they claimed that all the Canterbury
and Otago high country now occupied by pastoral leases, Arthurs
Pass, Mount Cook, Mount Aspiring and Fiordland national parks,
etc., had never been sold to the Crown.
During the hearing of the claim the Crown's counsel dismissed
these claims as "myths" and "without any factual
foundation" (The Press 1/7/88).
The Tribunal found that the claimant's grivances over western
boundaries were not sustained.
There is no basis in the Tribunal's findings to support the use of the Greenstone Valley area for settlement of so-called 'grievances' that have been disallowed. The Tribunal found that the Crown had lawfully purchased these lands. Where other claims were upheld these were for distinctly different areas or resources.
It is only findings of fact, and recommendations based on such
findings, that the Crown is obliged to consider--
"Honesty of purpose calls for an honest effort to ascertain the facts and reach an honest conclusion." Richardson J in New Zealand Maori Council v Attorney-General. [1987] 1 NZLR at p 682
From full reading of the Tribunal's report it is apparent that the Crown has no obligation to settle with Ngai Tahu using these particular lands. The Tribunal held that there was no breach of the Treaty in regard to the high country in general; that the Crown had in fact lawfully acquired the land.
Ngai Tahu state that the land has spiritual and cultural significance to them, with well-publicised opportunities for development and economic benefit as well. However such 'significance' or 'importance' does not, by virtue of the Treaty of Waitangi, or from their claim heard before the Tribunal, create any greater 'right' or entitlement to preferential allocation of the land than for anyone else. Other people attach spiritual, recreational and commercial importance to the area as well and could make equal 'claim' to the area.
The Government does however have the discretion to use,
or not use, these or any other lands for settlement of proven
Treaty claims. Quite independently of Treaty-related considerations,
the Crown has the discretion to re-alienate all or part of these
lands to any one it chooses, including Ngai Tahu. However that
must occur within the limitations of the law governing the administration
of Crown land--the Land Act 1948. It is up to Government to decide
who, if anyone, should gain title to any part of the land concerned.
PANZ does not have a particular view on this. What primarily concerns
PANZ is that Government fulfils its obligations to the public
to ensure that the public interest is properly accommodated in
any changes to the status of the land. Our proposals are designed
to that end.
Archaeological sites are limited
to an important Maori site at the Dart Bridge on river bed land
adjacent to the former Routeburn pastoral lease; some possible
Maori ovens; the remains of a sod hut near the Taipo hut in the
upper Mararoa, and a hut in the fork of Scotts Creek, on the former
Routeburn pastoral lease, which may be of historic interest.
There are almost no Maori place names recorded for this area on
topographical maps. It is unlikely that the Greenstone Valley
was named because of a Maori association with the route from the
west coast to the greenstone sources in the Dart Valley. It is
likely that it is one of surveyor James McKerrow's names since
he named all the surrounding ranges.
A Ngai Tahu response to the paucity of archaeological evidence
of Maori occupation is that "the lack of visible clues of
human occupation understates the true importance of the region
to the tipuna and their descendants today...viewed holistically
there are strong cultural links to the area".
The Ngai Tahu Maori Trust Board emphasises a strong spiritual
attachment or importance to the Wakatipu region, rather to the
particular lands subject to this review. This is implied to validate
their claim to these lands despite the rejection of this by the
Waitangi Tribunal.
A moderately large run on the
western shore of Lake Wakatipu. Approximately 3000 ha of grazeable
country in two distinct areas--the lake faces and the Caples Valley.
A further small area of the lease on the true left of the Greenstone
River is grazed by the neighbouring property, Elfin Bay. Access/stock
control difficulties render grazing by Greenstone Station impractical.
There is approximately 1000 ha of improved (mainly topdressed
and oversown) pasture on the lake faces and the Caples flats also
have introduced grasses and legumes present.
Other than approximately 100 ha of flat around the homestead area
and 300 ha up the Caples Valley, the property is all steep to
very steep.
Of the former pastoral lease, 3700 ha has been retired from grazing
(and fenced) under a Government subsidised soil and water conservation
farm plan.
It is not a particularly attractive property from a pastoral aspect
with the majority of carrying capacity being on the lake face
country which has a high maintenance requirement (topdressing
and bracken control). Although a sound unit at just over 6000
stock units, the property would support very little indebtedness.
Some potential exists in the Caples Valley, however, access difficulties
plus tramper/recreationist conflict mean this is likely to be
very limited.
Caples Valley
The 1500 stock units carried here could not be transferred to
elsewhere on the property. In addition, these stock are some of
the most profitable (low running costs). Given the high cost of
farming the lake faces country, loss of the Caples Valley would
render the Greenstone Station property uneconomic as a stand alone
unit.
Recreation Reserve (321 ha)
This includes some of the better country and loss of this area
would have a significant adverse effect, however, the property
would still be a sound unit.
Lake Faces
Similarly to the recreation reserve, loss of a modest area (say,
less than 500 ha) while having a significant effect, would not
render the unit uneconomic. Anything beyond that would.
A large run property of approximately
22,000 ha based on the western shore of Lake Wakatipu.
Approximately 9000 ha of grazeable pasture. Of this, 1000 ha is
topdressed and oversown. All the river valleys also contain introduced
clovers and grasses. This includes approximately 700 ha of river
flats in the Greenstone Valley and over 2000 ha of flats in the
Mararoa Valley. Other than these river flats, plus approximately
150 ha of flat around the homestead, the property is all steep
to very steep.
The property is a difficult one to farm because of access and
distances involved. Bracken fern reversion on the lake faces is
also an ongoing problem.
There is a large potential in the Mararoa Valley, but this would
require development of separate facilities (yards, woolshed) at
that end of the property and access from the south. Conservation
considerations, as well as economics, are likely to preclude any
major moves in that direction.
The property runs around 6300 stock units and if run on extensive,
low cost methods is a sound unit, though it would support only
a very modest debt level.
Potential
There is limited potential for
significant increase in carrying capacity. The lake faces have
been topdressed and oversown, but have a bracken fern problem
and already require regular maintenance topdressing. Further intensification
would be marginal economically.
Some intensification of grazing could probably be sustained in
the Greenstone, but already conflict with recreation use is occurring.
A large potential exists in the Mararoa Valley but access and
conservation considerations make realisation of this impractical.
Lake Face Area
Loss of this area would render the unit completely uneconomic
and impractical. Apart from the loss of approximately 2000 stock
units of carrying capacity this area includes all the essential
young stock country.
Greenstone Valley
Loss of this area would seriously effect the unit. Some of the
approximately 1300 stock units could be transferred by intensifying
grazing in the Mararoa Valley though this would lead to conservation/water
quality concerns affecting this land and Mavora Lakes Park.
Despite the difficulties involved the property would still represent
a sound unit.
Mararoa Valley
In addition to the present stocking of approximately 1800 stock
units this is also the winter country for adult cattle. Loss of
this area would reduce the property to an uneconomic size.
Thompson Mountains
(Slyburn and Pond Burn Valleys)
Although only 500 stock units, this area winters the ewes. Although
some replacement grazing is probably available further south (Trenchburn?),
distance/mustering would create major difficulties. The ewes could
not be transferred to the lake faces without significantly reducing
overall carrying.
Loss of this area would significantly affect the property, though
it would still represent an economic unit.
A moderately large property
in a somewhat remote locality 28 km from Glenorchy and 80 km from
Queenstown. Despite remoteness, it is a high public use area with
the road access to both the Routeburn and Greenstone Tracks passing
through the property.
The unit consisted of a 2525 ha pastoral lease plus 437 ha of
other tenure, mainly freehold or Deferred Payment Licence.
Known as Routeburn "Station" but is really more of a
large farm than the traditional "run". The majority
of grazing is obtained from flat to easy rolling country. Crossbred
sheep are run (the property is not suited to merinos) and large
quantities of hay are made.
The property has a full range of sound buildings located on freehold
tenure.
Total carrying is over 7000 stock units, which represents a sound
unit, even in this high cost locality (transport and maintenance
fertiliser).
The property is predominantly steep to very steep, running from
360 metres to over 2100 metres altitude.
The easterly faces have been oversown and topdressed up to 800
metres with good results, however, reversion to bracken fern is
vigorous and an ongoing problem. This area provides the bulk of
grazing on the lease.
Above 800 metres, useful grazing is available to about 1000 metres
and in the upper Scott Creek. This is utilised as winter grazing
for wethers and dry cattle. It is suited to summer grazing, however
this is not the restricting period on this property and in addition
the snow cap removes potential mustering/stock straying problems.
The pastoral lease had an overall stock limit of 1950 stock units.
It does not represent an economic unit on its own nor does it
have the potential to become one.
Removal of grazing above 1000 m
Given the present management this area provides very little grazing
and removal would have negligible effect on the overall carrying
capacity of the unit.
Removal of grazing above the existing top fence (800-850 m)
Although only providing probably 500 stock units of grazing and
having a limit of 970 stock units, the value of this grazing is
enhanced by being utilised in winter. Loss of this area would
significantly affect the property, though it would still remain
an economic unit of around 6000 stock units carrying capacity.
Were the Elfin Bay property to lose either:
it would be rendered an uneconomic unit.
The logical development then would be to add the lake face country
to either Mt Nicholas to the south or Greenstone to the north.
Both would be practical.
Loss of the Caples Valley would
make the property uneconomic.
The logical move would be an amalgamation with the Elfin Bay front
country.
Mt Nicholas is already a very large and very strong unit (over
30,000 stock units).
If any of the grazing losses eventuate, an amalgamation of the Elfin Bay-Greenstone remainders is favoured. This would form a sound unit and while difficult to manage it would be no more so than the existing units.
The Greenstone and Caples are
glaciated valleys with a characteristic U-shape. Steep valley
sides rising to over 2000 m in the Ailsa and Humboldt Mountains
are forested in beech with alpine tussock grassland, herbfield
and fellfield at higher elevations. Active glaciers still exist
along the Humboldts. The terraced flat valley floors are in exotic
pasture species with shrublands. Short but spectacular gorges
are a feature of the lower Greenstone and mid Caples. Glacial
outwash terraces are also a feature of both valleys, into which
the rivers have been incised.
Water quality is high. The rivers run clear and pure down from
the Ailsa and Humboldt Mountains.
The valleys and mountains have a high degree of naturalness, with
the only man-made intrusions being the foot bridges, tracks and
five huts. The upper Caples Track is rudimentary and ill-defined.
The four pastoral lease homesteads (except for the historic Caples
homestead--now disused) are on the lake shore, not in the valleys.
Most of the area is unsuitable for grazing.
For several hundred years visitors have walked the Greenstone
Valley crossing of the southern alps. Firstly there were Maori
en-route to the pounamu (greenstone) resources of the west coast.
For the last 100+ years there have been trampers, hunters and
anglers. This is an unroaded, readily accessible, low altitude
walk within the capability of most people. The Greenstone and
Caples valleys now attract at least 2000 trampers per year. There
is also a walkway to the Mavora Lakes via the Mararoa Valley.
Public use is not confined to following a few popular tracks.
There is a lengthy history of informal 'wander-at-will' over much
of the properties. Technically this has been trespassing.
Recently a draft National Water Conservation Order was notified
which recommends that the Greenstone and Caples rivers be "preserved
in their natural state"--the highest level of protection
available, because of their outstanding trout fisheries, ecosystem
and natural qualities.
In a report on 'conservation values' the Department of Conservation
identified the following recreational features--
The area contains examples of
the following features which are of national, rather than just
regional importance.
Red tussock
Tussock grassland of red tussock (Chionochloa rubra) occurs in
both the North and South Islands, in bogs, on alluvial soils of
valley floors, and for the most part at a relatively lower altitude
than other dominant Chionochloa species. Nationwide, its extent
has severely diminished, much of its habitat being attractive
for farm development. Chionochloa rubra subsp. cuprea is the red
tussock of Canterbury, Otago, and Southland but only pockets of
its former, broad expanses remain. Where the plains and low hills
of Southland must once have had landscapes of red tussock, today
there are often merely relic roadside clumps. Red tussock grassland
is still to be found in the heads of some large valleys in Southland,
including the Windon Burn, and at Burwood Reserve in the south
of the Livingstone Ecological District.
Red tussock is locally extensive in the Mararoa and Greenstone.
These valleys offer a rare opportunity to protect red tussock
grassland that is still in good condition, on a sizeable scale
and on the valley floor landforms characteristic of the vegetation
type. Furthermore, the red tussock grassland here is not confined
to floor plains and the distal parts of fans and terraces, but
demonstrates gradations to moist lower hillside and bog habitats,
as well as intergrades to hard tussock and narrow-leaved snow
tussock, across a broad gradient of rainfall.
Short tussock
Short tussock grassland, dominated by hard tussock (Festuca novae-zelandia),
is also well represented on a diversity of river flat, scarp,
outwash, stream fan, and colluvial surfaces in the Mararoa and
Greenstone. Hard tussock grassland is widespread on lower montane
hillsides in the eastern South Island, but has been greatly altered
by pastoral use or removed in the course of intensive farm development.
While some of the hard tussock grassland of the Greenstone and
Mararoa has been altered by grazing and invasion, especially by
sweet vernal and browntop, there are also extensive areas in these
valleys where the hard tussock maintains a healthy density and
where the characteristic associated native plants are still abundant.
Wetlands
Wetlands are of national importance virtually wherever they occur.
They are biologically rich communities, yet it has been estimated
that New Zealand retains 10% or less of the wetlands it once had.
While the loss nationwide has been especially of the lowland wetlands,
those of montane valleys are equally vulnerable to nutrient enrichment,
trampling, and invasion by naturalised plants. The wetlands of
the Mararoa and Greenstone Valley have a high conservation value,
containing a large number of native plants, and are extremely
diverse in composition.
Examples of valley floor turf, sward, pond, and stream vegetation
are numerous, and there is particular value in that bog and flush
vegetation are still common on landforms that are elsewhere intensively
developed.
Kettleholes on the Mararoa moraines are important on a national
basis. These examples, together with those on the nearby Oreti-Von
divide, are the southernmost such kettleholes in New Zealand,
there being some 10 comparable areas in inland eastern South Island,
as far north as Marlborough. The string bog in the Mararoa is
a small but interesting example of a wetland type that is characteristic
of arctic latitudes, but of very limited extent in New Zealand
except in the southern Garvie Mountains.
Shrublands
Several of the shrublands are of national importance. Celery pine
(Phyllocladus alpinus) is widespread in New Zealand as a component
of many vegetation types, but of much more local occurrence as
the dominant species of woodlands on cold sites. Such a community
is well developed in the Greenstone on rockfall debris and morainic
surfaces.
Bog pine (Halocarpus bidwillii) is also widely but patchily distributed
in New Zealand, yet dominant only on particular types of site,
including bogs, but especially on infertile, often old soils of
glacial outwash. Bog pine woodland with a characteristic assemblage
of associated heath plants, mosses and lichens, is scattered through
inland Canterbury, Otago and Southland. The vegetation type is
well represented in the Greenstone and the Pass Burn area.
The shrubland of Hebe propinqua in the Mararoa is also of special
interest. It occupies an old soil surface on a large outwash terrace,
the sort of habitat which bog pine can occupy in other parts of
the South Island. Hebe propinqua may reach its western limit at
this site.
1 Those portions of the Caples,
Greenstone and Mararoa which are of high biological conservation
value include most of the open valley floors of the Greenstone
and Mararoa with the exception of the more extensive segments
of hard tussock-sweet vernal mixed short tussock grassland, which
in its entirety cannot be rated highly. The fact that the delimited
areas are extensive is a reflection of the diversity of habitats
and plant communities on valley floors. These have high conservation
value, as a network of interrelated communities along a complex
of edaphic, temperature, and disturbance gradients.
2 Also catchment areas integral to maintenance of valley floor
biological conservation values. These areas of higher country
would provide for complete altitudinal sequences of vegetation
and landform.
3 On other parts of the properties substantial red beech forest
remnants remain, notably on the Humboldt Mountains, and intact
snow tussock grasslands, shrublands and fellfields on all alpine
and subalpine vegetation zones. Mountain beech and manuka become
more common south of Lake Rere along the eastern Thomson Mountains.
The Weka Flat grazing licence located within Mount Aspiring National
Park, whilst being predominantly covered in a sward of pasture
grass would regenerate to shrubland and eventually beech forest
if grazing ceased.
The impacts of previous grazing regimes, and the effects of current grazing of cattle and fallow deer on the valley floor vegetation communities, vary with altitude, landform and vegetation type. The plant communities on river terraces, fans and flood plains in the Caples Valley (330 m-500 m asl) are relatively stable under the existing grazing regime, although grazing at current levels will not prevent the spread of matagouri or introduced scrub weeds. In contrast, both the Mararoa (640 m-850 m asl) and the Greenstone (490 m-6l0 m asl) are at higher elevations and contain more diverse landforms and communities.
Continued grazing will result in a loss of biodiversity and a decline in the condition of natural values and the consolidation and spread of hawkweeds and scrub weeds.
Terrestrial invertebrate fauna
studies are limited to collections made early this century by
prominent entomologists such as Hudson. Collections were made
by him and others mostly from Bold Peak, a landmark behind Kinloch.
This location is the type locality, ie, where the original specimens
were collected and subsequently described for many species of
Lepidoptera typical of the Humboldt Mountains which were then
new to science.
The Southland Fish and Game Council has listed aquatic invertebrates
from collections made in the Mavora Lakes Park, and it has commented
that streams outside the park, but within the Mararoa catchment,
contain similar invertebrate communities. The Council identified
17 invertebrate groups or species. Their presence and species
diversity are key indicators of high water quality environments.
Vertebrate surveys from 1982-1984,
and more recently by DOC, have recorded conspicuously high bird
numbers with some rare species present.
Of special interest are good populations of falcon and kaka as
well as yellow-crowned parakeets, yellowheads, and South Island
robins in the DOC managed Wakatipu forests. Yellowheads favour
forest flats in the upper Caples Valley. Several inconclusive
sightings and subsequent unconfirmed sightings indicate that a
remnant population of South Island kokako may persist in the Mararoa-Greenstone
Saddle and Fraser Creek areas. In September 1992 DOC surveyed
the forests for brown kiwis as part of the national kiwi survey
but none were recorded.
Notable bird species of open country include vulnerable species
such as falcon, kea and rock wren. The latter species is considered
to be endangered in this area and deserves special study. No comprehensive
bird survey has been undertaken of the upper Mararoa Valley but
it is noted that black-fronted terns are possibly breeding in
the mid Mararoa riverbed and utilising the waterways in that valley
for foraging.
Habitat protection, be it forest, riverbed or grassland, is a
critical factor in meeting the conservation management needs of
such species.
The major introduced fauna issue
relates to the fallow deer herd management in the Wakatipu forests
and margins, in the Caples and Greenstone Valleys.
Issues
There are several aspects which have generated conflict between
landholders and hunters/visitors, which have either been resolved
or compromises made, namely:
Concern over the effect of stock grazing on forest margins prompted
the New Zealand Forest Service to install an electric fence in
the upper Caples Valley. This fence costs DOC several thousand
dollars annually to maintain.
The Otago Fish and Game Council
submission on the recent Kawarau National Water Conservation Order
hearing contains substantial resource data and is summarised as
follows.
The Greenstone/Caples offer some of the best rainbow trout fly-fishing
in New Zealand in a wilderness setting. The fishery attracts 800-900
anglers per season about half of whom are overseas anglers, many
of them from USA, Europe and Britain, confirming the fishery's
international appeal. The remaining anglers are mostly New Zealanders
who live outside the Southern Lakes region.
The Greenstone River is renowned for its catch rate, containing
the fourth highest trout density per kilometre of river in New
Zealand. Many anglers practice a "catch and release"
philosophy. Comments from a recent angler survey include statements
such as--
These comments apply similarly to the Caples River where the smaller
fish population is compensated by fish of larger size.
There are few rainbow trout sports fisheries in the world which could provide a more highly valued experience.
Stock grazing, especially in the valley floors, is having an adverse
effect on wetlands through trampling and tracking and is contributing
to river bank erosion. Trampling of small tributary streams also
has the potential to damage developing trout ova during the spawning
season.
The only native fish record is for koaro, which is described as
rare.
The Southland Fish and Game
Council considers this river and lake system as one of its most
important fisheries. The Mararoa River drains into the Mavora
Lakes, and there is a suggestion that a national water conservation
order over the total water system should be considered. The council
and DOC both consider that the protection of the very high aquatic
and fishery values of the Mavora Lakes can only be retained by
adopting sympathetic and complementary land use practices in the
entire lakes catchment including the upper Mararoa River. To achieve
this the catchment should be maintained in its natural state to
minimise soil erosion and nutrient enrichment.
The water in the lakes is ultra-oligotrophic, ie., contains very
low organic matter due to low nutrient concentrations. Seasonal
influences dominate water quality and mask the effects of non-point
source pollution such as low density cattle grazing. The council
notes the extensive red tussockland communities would be at risk
from agricultural use, especially from continued cattle grazing.
Inorganic fertiliser application in the Mararoa Valley should
not be permitted because of the downstream risk to the Mavora
Lakes. The north Mavora Lake would act as a sink for nutrients,
quickly degrading its water quality.
Published results from angler surveys reveal 2700 angler visits
were made to the Mavora Lakes in the 1991-92 season, with about
half of the total anglers residing outside Southland. The council's
postal survey of anglers in that season estimated the use at 4800
visits per year. The Mavora Lakes fishery contains both brown
and rainbow trout and is ranked as the sixth most popular fishery
in Southland. The upper Mararoa River is described as a wilderness
brown trout fishery. No details on angler use are available. An
increase in rainbow trout numbers in the lakes will also in the
future enhance the upper Mararoa fishery.
The native fishery is notable for the presence of alpine galaxiids
which are found only in the Mararoa and Oreti headwaters in Southland
and in high altitude streams of Canterbury.
A study by Carl Walrond (1995) of wilderness fisheries management in the upper Greenstone Valley found that fishers are very sensitive to encounters with others, and the social carrying capacity in a wilderness fishery setting is very low (maximum of 3 encounters per day). "Fishing lodges and increased levels of guiding will lead to increased levels of user pressure and more aircraft use which will seriously alter the character of the area".
Walrond concluded that on wilderness rivers, like the Greenstone, the "fishery" is not only the river and the fish but the whole environment experienced by anglers.
Walrond also concluded that land tenure plays a crucial part in
the management of wilderness fisheries. Those fisheries that fall
within the conservation estate have their environmental and habitat
aspects best protected. "Any legislation such as the proposed
amendment to the Land Act that allows for...freeholding of lands
adjacent to wilderness fisheries should be firmly opposed".
Major Tracks
Includes the Caples and Greenstone Tracks and the Mavora Walkway.
Usage of these tracks is both by New Zealanders and overseas trampers
in approximately equal numbers. The Greenstone and Caples Tracks
are being considered by DOC for "Great Walk" status.
The Caples-Greenstone Circuit is particularly important for overseas
visitors with a fixed travel timetable arriving early in the tramping
season. The lower altitude of this track circuit makes it an attractive
and negotiable alternative to the high altitude Routeburn and
Rees-Dart Tracks early in the season when late spring snow prevents
safe use. It also appeals to some users, being less strenuous
and less crowded than the Routeburn.
Minor Tracks and Routes
There are at least eight well-known minor tracks which are traversed
frequently in combination with part of the Caples and Greenstone
Tracks, and some provide more challenging variations when combined,
for example, with the Routeburn Track. All except Kay Creek and
Fraser Creek are partly on Crown or former pastoral leasehold
land.
Based on the trophy fallow deer herd in the Greenstone and Caples Valleys, the recreational hunting area attracts hunters from throughout New Zealand. The bush edges adjacent to the former pastoral leases are favoured hunting. Hunting interest is increasing for the five month season, now necessitating balloting for blocks in the first two months. A total of 192 hunters were permitted in the 1992 season.
The rainbow trout fly-fishing
opportunities for the Greenstone River, and to a lesser extent
the Caples River, have international recognition amongst the angling
fraternity. About 50% of anglers are from overseas and a total
of 86% reside outside of the Southern Lakes region. Eight hundred
to nine hundred anglers fish the rivers annually. The Greenstone
River is ranked fourth nationally for fish abundance and over
80% of anglers practice a "catch and release" philosophy.
More than 2700 anglers fish the Mavora Lakes area per season which
is predominantly a brown trout fishery The upper Mararoa River
is considered to be a wilderness fishery and is the sixth most
popular fishery in Southland.
There are four DOC licensed
concessions operating on DOC-administered land and on the properties.
The major enterprise is the Greenstone Valley Walk Ltd concession,
owned by Routeburn Walk Ltd. The company has two 40 bunk lodges
in the Greenstone Valley, on former pastoral lease land. Two walking
options are offered by the company involving either the Greenstone
Valley three day walk or a combined Greenstone-Routeburn five
day walk. About 250 and 400 clients respectively are accommodated
each season. In comparison, 800 clients use the Routeburn Walk
option annually.
The three other concessions are currently low-key enterprises
based on guided walks. A trial guided fishing concession is also
operating. There are two recreation permits issued under the Land
Act authorising guided safari hunting on Routeburn and Elfin Bay
Stations. Several of these enterprises were partly owned by the
former lessees.
There is significant potential for increased commercial activity,
especially in the Mavora Lakes-Greenstone Valleys. Other opportunities
are currently under consideration, eg, heliskiing, guided hunting
and fishing. Some of these will require aircraft landings.
Over the last 20 years government conservation agencies have constructed seven huts, 16 foot bridges, electric fencing and signs. Approximately 140 km of major walking tracks and many kilometres of minor tracks are maintained. Much of this development has, of necessity, occurred on the former pastoral lease land, to utilise logical routes or hut sites.
There have been and will be continuing conflicts of expectations between differing uses of the land, affecting both DOC administered lands and former pastoral leaseholds. Public recreation and commercial tourism operations transcend existing tenure boundaries and occur where the opportunity to do so exists. This use attracts an important national and international recreation tourism market and is highly valued in terms of user experience. Recreation tourism use generates substantial economic and employment benefits to the region, which will expand in line with the increased visitor numbers predicted.
1. Some recreational facilities
have been constrained in their development by pastoral farming
operations.
2. Many recreational facilities have been developed on pastoral
land by former government conservation agencies, and large sums
of tax-payers' money were spent, without legally securing this
investment.
3. Public access for many recreational activities, especially
hunting and fishing requires "wander at will". This
is additional to the retention of existing marginal strips and
the creation of additional marginal strips along the Greenstone
River, etc.
4. Adverse public reactions to the presence and impacts of cattle
on the recreational experience. Many complaints are made by recreationists
about the appropriateness of cattle grazing in an area which has
become nationally and internationally renowned for the quality
of its recreation experience. This situation also applies to some
valleys in Mount Aspiring National Park.
5. Minor tourist developments, eg, lodges, already occur in the
Greenstone Valley. Further developments will need to be carefully
assessed in order to avoid compromising the overall wilderness
experience, or to prevent displacement of non-clients from hunting
and fishing opportunities.
6. Major tourist developments proposed in recent times include
a Greenstone Road and a monorail to link Queenstown and Milford
Sound. Both proposals would have severe environmental impacts
in the Greenstone Valley and adjacent Fiordland National Park--
Previous attempts to develop
a road link have generated intense and very divisive public debate.
It is inevitable that this debate would reoccur if this proposal
was promoted again.
7. Loss of public recreational use of the properties. This is
a hypothetical situation that may not arise. Assuming that it
did eventuate, there would be some predictable consequences--
8. Existing legal access through all three valleys consists of
unsurveyed, unformed legal roads and marginal strips but the latter
do not exist at all in the Greenstone Valley. The "paper
roads" approximate the existing 4WD vehicle track in the
Mararoa and the walking tracks in the Caples-Greenstone Valleys.
It is likely that the chief surveyor would rule that these existing
tracks be adopted as the legal accessways, except for the lower
Caples and lower Mararoa where the accessways do not approximate
the line of the existing tracks.
There is potential for future
commercial tourism operations to become established.
DOC has identified future concessions interest possibly in the
Mavora/Greenstone area involving mountain biking and extended
horse trekking. Also some interest in guided hunting and fishing
operations is expected, as well as for heliskiing, with consequent
demand for aircraft landings.
Some of these activities in more popular areas may pose problems
of either over-use or conflict with existing users, both commercial
operators and public recreationists. There will be increased localised
demands for additional facilities, eg, camp sites with toilet,
rubbish disposal or other facilities.
Landcorp has identified the granting of freehold or leasehold title over the former pastoral leasehold land as creating opportunities for establishing hunting and fishing lodges with the potential to control or prohibit public entry to those localities. Exclusive hunting and fishing lodges on the former leaseholds have been identified as having "very high potential".
It is clear from both past recreational management experience, and various development proposals, that there will continue to be conflicts in expectation between differing uses of the land. These conflicts and impacts affect both existing DOC administered land and the former pastoral lease land.
The granting of preferential or exclusive commercial development or use rights to a new landowner or occupier is certain to cause intense social division and public acrimony. Destruction of egalitarian principles by rationing the enjoyment of natural resources and recreational opportunities through exclusion by private interests, or the ability to pay, is the primary concern of most recreationists.
There is scope for future development in a number of activities
which complement existing opportunities. This potential development
has to be done in a manner which enhances rather than reduces
the quality of the recreation experience and avoids conflicts
between different activities. There will need to be more refined
and sophisticated management systems to be put in place such as
the completion of a workable air access strategy and the defining
of acceptable carrying capacities for particular recreation opportunities.
The proposal to confine freeholding
to lower altitude farming lands is consistent with the reclassification
provisions of the Land Act 1948. The areas recommended for freeholding
consist of cultivated or cultivatable riverflat or terrace pastures,
oversown and topdressed bracken fern and fescue tussock hillsides,
and improvable fescue hill slopes to a maximum altitude of 850
metres. These areas are so modified that little of nature conservation
or recreational value remains.
In contrast, the balance of the properties have either severe
limitations to pastoral use, or the continuation of grazing or
pastoral development would severely impact on natural and recreational
values. The latter are of national and international importance.
The lower Caples Flats are the only exception, as these are highly
modified. Grazing by sheep, provided this is carefully controlled,
should be able to continue without significant detriment to natural
values in that locality.
Removal of stock from the bulk of the three properties will make
these non-viable as stand-alone pastoral units. However by combining
the better farm land along the lake faces and flats a viable farming
unit should be possible, or alternatively areas combined with
adjoining pastoral leases. In the latter case full-property tenure
reviews should be undertaken on those properties to rationalise
land use, tenure and boundaries.
Returning the bulk of the properties to full Crown ownership would reverse the historic misallocation of these mountain lands to pastoral farming. By today's standards most areas are clearly unsuited to continued pastoral use.
Allocation to the public conservation estate would provide long-overdue recognition of the importance attached to the area by generations of recreational visitors. It would also assure present and future New Zealanders that they will be able to freely enjoy this outstanding heritage, irrespective of ethnicity, privilege, or economic standing.
News Media Release
30 January 1996
Public Access New Zealand spokesman
Bruce Mason today warned members of Parliament's primary production
committee that Government has no mandate to proceed with the Crown
Pastoral Land Bill. The committee is meeting in Dunedin to hear
submissions on the Bill which affect the future ownership and
public access to 20 percent of the South Island high country held
under pastoral leases.
Mr. Mason said that, if passed, the Bill will trigger the most
blatant disposition of Crown land this century. "This is
a cynical move by a Government desperate to beat the onset of
MMP. The Government has no mandate from the electorate, and no
consensus among the major stakeholders, for this course of action".
Lands and Conservation Minister, Denis Marshall, is on record
as saying that he wants the Land Act changed before an MMP election
because non-agricultural stakeholders' interests will be enhanced
under MMP. "This statement, and the haste with which the
Bill was introduced, show the Minister's real intent", Mr.
Mason said.
PANZ believes that the Bill will sanction unconstrained freeholding
of up to 2.5 million hectares of some of the most scenic lands
in New Zealand. "The Bill amounts to a huge increase in runholders'
rights without compensatory provision for public reserves and
access", Mr. Mason said.
PANZ submitted to the committee that the Bill is so badly draughted
that it is beyond redemption, and that it should be abandoned.
Mr. Mason warned the Committee that if the Bill becomes law the
controversy is bound to become an election issue.
"The public has not forgotten Government's promises before
the last election to drop proposals for exclusive private leases
over the Queen's Chain. We will be reminding the electorate that
Government has failed to honour those promises and of its even
greater privatisation agenda for the South Island high country".
"If we loose this round of the battle and the Bill becomes
law, its handful of runholder beneficiaries will need to think
again. I believe there will be support within future Governments
for compulsory resumption of lands that should have been retained
in public ownership, rather than freeholded through abuse of the
present discredited Parliamentary system", Mr. Mason concluded.
As introduced, the Bill allows
anything "capable of productive use" (undefined)
being freeholded. This is a huge increase in the rights of runholders.
Denis Marshall sees 'productive use' as synonymous with 'commercial
use'.
Only lands with "high inherent values" may be
restored to full Crown ownership as a result of tenure review.
Creates an open-ended category of "other lands"
that will allow any land to be sold or leased, rather than being
allocated to DOC or retained in some other Crown ownership. There
is a duty to try to dispose of such lands.
Makes extensive provision for leasing for farming, forestry
and other purposes, including over lands with "high inherent
values". Conservation lands may be created however these
may be leased as a condition of their creation (ie., they could
be no better than pastoral leases).
Provides no assurance that public access will result from
tenure reviews. There is likely to be only constrained access
rights amounting to privileges, on terms dictated by land occupiers.
Only Walkways are planned--these can be closed at any time, with
hunters, cycles, vehicles and horses excluded.
Provides for covenants to protect 'public interest values'
over freeholded land. Government has not answered grave concerns
about the lack of security of such mechanisms. Instead it is placing
almost total reliance on them instead of public ownership.
Analysis of submissions on this tenure review