This page created 29 August 2003 / last modified 8 October 2003
Pastoral Occupation
Licence
St Marys Range - North Otago
Otago Land District
Tenure review yet to be approved by Commissioner of Crown Lands
CROWN PASTORAL LAND ACT 1998
DOMETT DOWNS REVIEW OF OTHER CROWN LAND
NOTICE OF PRELIMINARY PROPOSAL
Notice is given under Section 43 of the Crown Pastoral Land Act 1998 by the Commissioner of Crown Lands that he has prepared a Preliminary Proposal for the review of other Crown land currently held under Pastoral Occupation Licence by Brian Henry McCone.
Legal description of land concerned:
Crown land Section 2 situated in Block V Domet Survey District comprising 575 ha.
General description of proposal:
575 ha (approximately) to be designated as land to be retained in full Crown ownership and control as a conservation area pursuant to Section 86 (5) (a) (i) Crown Pastoral Land Act 1998.
Further information including a copy of the plan is available on request from:
The Manager
DTZ New Zealand Limited
PO Box 27
ALEXANDRAPhone: (03) 448-6935
Fax: (03) 448-9099
E-mail: alexandra@dtz.co.nz
Submissions:
Any person or organisation may send a written submission on the above proposal to the Commissioner of Crown Lands, C/- DTZ New Zealand Limited at the above address.
All submissions are being collected and held by LINZ either directly or through its agents or contractors.
Submitters should note that all written submissions may be made available, in full, by LINZ to its employees, agents and contractors, the Department of Conservation and the public generally.
Closing date of submissions:
Closing date for written submissions must be received no later than 3 October 2003.
SUMMARY OF THE PRELIMINARY PROPOSAL FOR THE
REVIEW OF OTHER CROWN LAND COMPRISED IN DOMETT DOWNS
PASTORAL OCCUPATION LICENCE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
1. Details of land under consideration.
2. Proposal.
3. Description of proposed designations.
4. Discussion of proposed designations in relation to the objects of Part 3 CPL Act.
Appendices:
Appendix 1: Designations plan.
Details of land under consideration:
Crown land (Pastoral Occupation Licence):
Licence name: Domett Downs (00095)
Licensee: Brian Henry McCone
Location: In the upper reaches of the Otiake River, Kurow
Land Registry Folio Ref: CIR OT7658
Legal Description: Section 2 situated in Block V Domet Survey District.
Area: 575 ha (more or less)
Local Authority: Waitaki District Council
Term of Licence: 5 years from 1 July 2001, expiring 30 June 2006 with no right of renewal.
2. Proposal:
2.1 To be designated as land to he retained in full Crown ownership and control as a conservation area (under Section 86 (5) (a) (i) Crown Pastoral Land Act 1998):
Area: 575 ha (approximately) (outlined in pink on the plan appended).
3. Description of Proposed Designafions:
3.1 Land to be retained in full Crown ownership and control:
Total area:575 ha (approximately).
3.2 An area of approximately 575 ha (shown edged pink on the plan attached as Schedule A in Appendix I) to be retained in full Crown ownership and control as a conservation area (Section 86 (5) (a) (i) CPL Act).
This area comprises all the land currently contained in this Pastoral Occupation Licence. The licence ranges in altitude from 580 metres in the Otiake River to approximately 1144 metres. The property adjoins conservation land (formerly part of the licence) to the northwest and freehold farmland on the other boundaries. The land lies generally to the southeast. The Land Use Capability of the block has been assessed as 26% Class VI, 72% Class VIIc, 2% Class VIIe.
The POL contains a range of inherent values many of which are signiificant in themselves and more particularly in the context of the overall landscape.
The significance of this area is well summed up as follows:
"Although this POL only incorporates 575 ha, it contains an assortment of natural landscape features that are worthy of protection. The diversity of landforms is derived from the complexity of the local geology as a transition occurring between schist and greywacke bedrock. The legibility of natural features that include a colluvial flat, steep tip slopes, solifluction process and scree faces culminate in a diverse back country landscape.
The POL has been subdivided into several grazing blocks and inherent values are mod)fied due to localised stock pressure. However, generally the vegetation is intact with a full altitudinal sequence still remaining along the southeast slopes of Mount Domett.
All of landscape units 1 and 2 (the faces associated with the Otiake River) and part of landscape unit 3 (in the Lone Hill Creek catchment) contain a suite of landforms and land cover which alone or collectively sustain the special natural quality and integrity of the North Otago landscape, especially the indigenous component".
The geology which gives rise to these special landscape features is further identified as being of significance with a fault line and a range of rock formations and functions that are related to this.
The vegetative cover is special, largely in its diversity and high level of naturalness. Incorporated in the tussock grasslands is a very good sub-storey with a wide range of species. At various locations throughout the block are shrublands with a diverse species range including some more typically associated with alpine vegetation. Contained within the vegetation range is the threatened broom, Carmichaelia vexillata which is class)fied as a vulnerable plant in the listings of threatened and uncommon plants. Also present is the coral broom (Carmichaelia carassicaule) which is considered to be a declining plant species. While these brooms have been identified in a number of field surveys in North Otago and the eastern ranges of Central Otago the extent and presence of these species on this block is considered sign)ficant. It is also noted that the shrublands contain species that are uncommon in this ecological district.
A range of fauna were also observed on the property including lizards and a diverse range of invertebrate fauna. The complexity and interaction of this fauna indicates a relatively intact ecosystem. No indigenous fish species of significance were recorded on the property.
While no specific archaeological or historic sites are recorded on the property it is believed that this area would have provided an important food source area for local Maori.
The interaction and complexity of the natural values of this POL together make up a total landscape which represents a range of significant inherent values.
4. Discussion of proposed designafions in relation to the Objects of Part 3 CPL Act:
Section 83 Ohjects of Part 3:
The objects of this part are:
Promote the management of Crown land in a way that is ecologically sustainable;
(b) to enable the protection of significant inherent values of Crown land; subject to paragraph (a) and (b) to make easier;
(i) the securing of public access to and enjoyment of Crown land;
(ii) the freehold disposal of Crown land capable of economic use.
This area of Crown land has the potential to be managed in a number of ways that would be ecologically sustainable. The proposed restoration of the entire area to the Crown for conservation purposes is one option and it is assumed that in the absence of grazing animals tussock and shrubland ecosystems will be sustained. It is however noted that the altitude of this block, together with the Land Use Capability resulting from previous surveys of the block and the soil types present suggest that this block is also capable of being ecologically sustainable under a grazing regime. While very little of the land has received any inputs in terms of fertiliser or seed in the past much of the block would be amenable to enhancement by these inputs. The question of ecological sustainability has not been an issue in the designations recommended in this particular case. The proposal outlined in this report is strongly focussed on the protection of sign)ficant inherent values contained on the Crown land. As outlined in the previous section a number of sign)ficant inherent values are present on the land, but the most important feature is the POL as an overall landscape unit. The vegetation and geographic features proposed for protection in this report are not well represented within the protected areas of New Zealand and while not particularly relevant under the Crown Pastoral Land Act this is also increases the significance of the inherent values and therefore the desirability of protecting them through restoration to the Crown.
Public access within the land is presumed as an outcome of restoration of the land to the Crown as a conservation area. Access to the block is a slightly more difficult question and cannot be addressed within the bounds of this review. There is no practical legal access to the block at present. The land does however adjoin existing conservation lands and as part of the management of these lands in the wider context, access will need to be considered. The provision of public access is not however an outcome from this review.
The freehold disposal of Crown land capable of economic use would have been considered if it were not for the sign)ficance of the inherent values located on the block. The land is clearly capable of economic use but as noted in Section 83 of the Act this object is subject to the preceding objects of ecological sustainability and protection of significant inherent values. It is not considered in this situation that the significant inherent values would be adequately protected through either freehold disposal (even if subject to protective mechanisms) or disposal on special lease. In this case the survey for the Conservation Resources Report clearly identified that grazing animals were having a negative effect on the inherent values.
Related Tenure Review Documents
[Unavailable on LINZ web site- 29/8/03]
PANZ has but not on this web site (yet) -
Conservation Resources Report
Plans attaching to the Conservation Resources Report
Fish & Game Report
Due Diligence Report
Proposed Designations Report
Plans attaching to the Proposed Designations Report
3 October 2003
Commissioner of Crown Lands
C/- DTZ New Zealand Limited
PO Box 27
ALEXANDRA
Fax (03) 448 9099
Domett Downs Tenure Review Preliminary Proposal
Public Access New Zealand wishes to make the following comments on this review.
The area under review, although adjoining an existing conservation area, is landlocked with no legal access. From a public use perspective, the proposed reservation of all 575 hectares without access serves little purpose.
We note that the Scoping Report states that "hopefully" legal access will be negotiated outside the review" but no further indication is given in any official papers of the likelihood of this being achieved, or even if official efforts are in progress. Given that an object of tenure review is the "securing of public access to and enjoyment of Crown land", one might expect some effort to provide access. However the Summary of the Preliminary Proposal states that "the provision of public access is not an outcome of this review". It should be.
There is a pressing need for public access to the southern St Marys Range conservation area centred on Little Domet and Mount Domet. Domet is essentially an isolated massif that is separated from the rest of the range by dissected range crest. It is most unlikely that anyone would attempt to climb Domet by traversing along the range from the north, where there is legal access. There are only two practical routes. One is from the south via the Otekaieke River, however this is freehold and dependent on owner consent. I believe that this is not always forthcoming. The other approach is from the east from Domett Road, which ends in Lone Creek. This is directly under the east face of Little Domet and only two kilometres distant from the existing conservation area boundary. This is a very good approach; one that I used during by formative mountaineering years, by busing from Dunedin and walking all the way from the Duntroon-Kurow Road. This is challenging winter climb and good snow craft training for novice climbers.
It is unlikely that anyone will want to directly access the conservation area that will result from this review, however there is certain to be demand, if provision were made, for access to Little and Mt Domet from the east. How this could be negotiated "outside of the current review" is problematic if there is nothing to offer in return. We presume that the preferred access route, being the land between the end of Domett Road and the lower conservation area boundary below Little Domet, is part of the same farm holding as the former POL under review. If so, there may be something to "trade" in return for public access.
In the Scoping Report, 335 hectares of the reviewable land was recommended for freeholding, however this proposal was dropped from the Preliminary Proposal. It consists of the eastern half of the former POL, part of which has been previously oversown and topdressed.
We submit that the inherent values be reassessed over the eastern area to see if parts are capable of economic use. If so these should be offered as freehold (with or without protective mechanisms) to the adjoining land holder in return for public access. This should be from the end of Domett Road to the existing conservation area along the leading ridge north east of the summit of Little Domet. This access need be for foot only. It should be a dedicated footpath rather than a DOC whimpy easement. The former provides the only secure access so far devised.
No doubt LINZ will howl that all this is outside the provisions of the Crown Pastoral Land Act and therefore "cannot be done". As the many parallel "outside review" actions that take place during tenure review involving DOC and LINZ demonstrate, anything is possible given a little imagination and will. We recommend that the officials concerned exhibit some of both commodities and see what results. If all parties are agreeable what is the problem?
Yours faithfully
Bruce Mason
Researcher
