This page created
26 October 2001
Pc 058
Lake Coleridge area
Canterbury Land District
Tenure review yet to be approved by Commissioner of Crown Lands
SUMMARY OF THE PRELIMINARY PROPOSAL
FOR TENURE REVIEW OF
PEAK HILL PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
[Submissions closed
with Knight Frank NZ Ltd, P O Box 142, Christchurch
on 28 September 2001]
INDEX
1. Details of reviewable instrument
2. Proposal
Appendix 1 : Plan
Appendix 2: Proposed easement
1. Details of reviewable instrument
Lease Name: Peak Hill
Lessee: MG, AM & SM Millar
Land Registry Folio Ref: 529/56
Legal Description: Run 247 'Peak Hill' Block VIII and IX
Oakden Survey District, Blocks V and IX Coleridge Survey District
Area: 1747 hectares
Local Authority: Selwyn District Council
Term of Lease: 33 years
2. Proposal
2.1 To be designated as land to be restored to full Crown Ownership and control
As conservation area, (under section 35(2)(a)(i) Crown Pastoral Land Act 1998)
Area approximately 590 ha (marked in blue on the plan appended).
Description
This area encompasses
the dominant Peak Hill, a distinctive 'sugarloaf' of hard greywacke.
With commanding views across Lake Coleridge and the Rakaia River
catchment, it is the highest point on the pastoral lease (1240
metres above sea level). This proposed conservation area extends
generally from the shores of Lake Coleridge, up the steep north-east
slopes and down to the fence above the easier downs and flats
on the south-western flanks. The area is predominantly open tussock
land with a few areas of shrubland and remnants of broadleaved
trees.
2.2 To be designated as
land to he disposed of by freehold disposal to the holder under section 35(3)
CPL Act 1998
Area: approximately! 157 ha (marked in green
on the plan appended).
Subject to Part IVA of the Conservation Act 1987, and section 11 of the Crown Minerals Act 1991 and an easement to provide public and management access to the proposed Conservation area as follows:
Documentation for the proposed
easement is appended.
Description
This is the balance of the pastoral lease. It includes the
remainder of the Peak Hill/Mt Oakden ridge within the lease, the
easier south-western slopes of Peak Hill and gentle sloping country
extending out towards the Wilberforce and Rakaia Rivers. It is
well subdivided with fences and shelterbelts and includes the
homestead and outbuildings.
APPENDICES
1. Plan
2. Proposed easement pdf doc 324k
DEPARTMENT OF CONSERVATION REPORT TO
KNIGHT FRANK LIMITED
ON TENURE REVIEW OF PEAK HILL PASTORAL LEASE
(October 1996)
PART 1 INTRODUCTION
Peak Hill is a relatively small (1,747 ha) pastoral lease located between the southern shores of Lake Coleridge and the Rakaia River.
The homestead is located on the Algidus Road some 9 km west of the Lake Coleridge Intake Road.
Peak Hill Pastoral Lease is located in the Coleridge Ecological District which was surveyed in 1990 as part of the Protected Natural Areas Programme (PNAP). The PNAP survey did not make any recommendations for protection on Peak Hill. A subsequent botanical report on the "Vegetation of the Shores of Lake Coleridge" did recommend that an area of forest and scrub at the eastern end of the lease be protected.
Peak Hill itself is a prominent landscape feature of the Upper Rakaia/Coleridge area. The lower slopes are intensively developed while the upper slopes are undeveloped but modified.
PART 2 CONSERVATION RESOURCE DESCRIPTION
2.1 Landscape Context
The bulk of the lease comprises the south-eastern-most 7km of the 17km long Mt Oakden/Peak Hill Range, from summit to base, the Lake Coleridge lake shore forming the north-east boundary of the lease. This is a very steep, glacially scoured, isolated mountain range located between Lake Coleridge and the Rakaia riverbed, and is a very prominent, dramatic and dominating feature of the upper Rakaia/Coleridge landscape. Peak Hill itself (1,240 masl) is entirely within the lease.
Part of the glacially smoothed downlands and a portion of riverflat between the range and the Rakaia riverbed, and between the range and Mt Algidus Road further east makes up the remainder of the lease. A large part of this lower altitude, easier relief area has been developed for intensive grazing, fodder crops etc. and contains the homestead area.
2.2 Landscape Character
Peak Hill pastoral lease can be grouped into 2 broad categories.
i) The Range [Peak Hill Range (south and north aspects), Coleridge Face, and Lower South facing slopes]
The Mt Oakden/Peak Hill Range is very distinctive, isolated, hardrock greywacke "sugarloaf" mountain range trending NW-SE. It is dominant and very impressive landform significantly contributing to the special dramatic glaciated character of the Rakaia/Coleridge landscape. The lease takes in the easternmost 7km of the range and includes Peak Hill in its entirety, being the highest point on the property at 1240 masl.
Within the lease area, the range landscape has a high degree of naturalness and intactness over its whole length. It is a distinctive and impressive landform, with its sheer steep slopes and glaciated surface, enhanced by the predominant tussock grassland cover virtually unbroken by visible human modifications. The aspect and altitudinal variation in the vegetation of the range is also of landscape interest.
ii) Downlands
This landscape category is predominantly all the land below 700m at the southern side of the property. This area includes river flats of the Rakaia, highly developed undulating slopes above the Rakaia River and dissected, hummocky landforms of glacial outwash which have been developed as farm land.
2.3 Geology and Landform
Peak Hill is a distinctive "sugarloaf" hill of hardrock greywacke. The lower slopes are covered with glacial outwash or till. The landform is distinctive and Peak Hill forms part of the Mt Oakden/Peak Hill Range. The NE slopes of Peak Hill rise steeply out of Lake Coleridge, while the SW slopes are gentler at the lower altitudes on the Rakaia side.
An earthquake fault line runs northwest-southeast through the property above Lake Coleridge.
2.4 Vegetation
Introduction
Nearly half of the Peak
Hill consists of developed paddocks. The vegetation over the remainder
of the property - on the slopes of Peak Hill and the north western
extension of this hill system consists of short tussock grasslands,
shrublands, tall tussockland and very small remnants of broadleaved
trees.
Short Tussock Grasslands
Short tussockland-q
of fescue tussock, browntop, sweet vernal and hawkweeds are extensive
over the Range Block. Low matagouri (< lm) and bracken is scattered
throughout as sparse individual bushes. In gullies and lower hillslopes
bracken with matagouri forms thick patches making access very
difficult around the lower hillslopes and to the lake - particularly
in combination with the cliffed nature of the lakeshore.
On the south facing slopes cotton daisy (Celmisia spectabilis) is present, in some areas reaching a cover of over 25%. The other main native species found in there short tussock grasslands are blue tussock, herbs of Leucopogon fraseri, Raoulia subsencea, occasional snowberry (Gaultheria novae zelandiae), harebell Wahlenbergia albomarginata), Luzula rufa and the native blue grass, Elymus rectisetus. Overall, however, the percentage cover is small compared with the introduced species (generally the % cover of intertussock species that are native is less than 10%)
On the shady, often damp, southfacing slopes of Peak Hill itself, matagouri is common in these tussockland-q, particularly between 800-900m. At this altitude there are occasional scattered broad leaved snow tussock-q (cover is less than 5%) with occasional blue tussock. Cotton daisy, bracken, and king devil hawkweed hieracium lepidulum) are the other most frequent species in these lower altitude shrub tussockland-q, as well as the pink tendrils of exotic parasitic plants. Clover dodder Cuscata epiphyta), is also conspicuous on these shady tussockland-q and around on the eastern end of Peak Hill.
Tall Tussocklands and Shrub
Tussocklands
On south facing slopes
of the main Peak Hill block, above approximately 800m and on northfacing
slopes above approximately 1,000m, snow tussock-q begin making
an appearance. The main species is broad-leaved snow tussock (Chionochloa
flavescens) but on the very top of the hill and in upper slope
hollows there are some sparsely covered areas of slim leaved snow
tussock (Chionochloa macra). At mid-altitudes on the shady
face the tussock-q are mainly Chionochola rigida. The Rakaia
River is recognised as the possible northern boundary of C. rigida.
Higher upslope, on the midslopes between 900-l000m, broadleaved snow tussock, fescue tussock and blue tussock increases in cover and matagouri becomes scattered. At altitudes above approximately 1050 to just below the summit, subalpine shrubs of turpentine scrub (Dracophyllum uniflorum), and mountain flax are increasingly dominant with snow tussock. The main ground cover species in these subalpine shrub tussockland-q are cotton daisy, snowberry (Gaultheria novae zelandiae), tussock hawkweed (Hieracium lepidulum) Raoulia subsencea, fescue and blue tussock, browntop and herbs of catsear and Leucopogon fraseri.
On north facing mid-slopes above approximately 950m there is a reasonably extensive area of broadleaved snow tussock - covering much of the more gentle sloping hillslopes at the eastern end of Peak Hill. Here, the main inter-tussock species are cotton daisy, Leucopogon fraseri, L. colensoi, Pentachondra pumila, Carmichaelia monroi, fescue tussock, Raoulia subsericea, occasional golden Spaniard and exotics of catsear, king devil and tussock hawkweeds. On this north-eastern end of Peak Hill, in a depression in the undulating ice-scoured hillslopes and forming a mosaic within these broadleaved snow tussock-q, is an area of slim leaved snow tussock (Chionochloa macra). The main intertussock species in these latter tussocklands are cotton daisy, blue tussock and abundant tussock hawkweed (Hieracium lepidulum) reaching a cover of around 3040%.
On the broad rounded summit of Peak Hill slim leaved tussock is the main tussock species, but the tussock-q themselves are very sparse - less than 5% cover although they are denser on the northern side of the fence. Rather, this area is a herbfield with scattered tussock-q. The main vegetation cover is abundant cotton daisy (around 3-40% cover), Leucopogon fraseri, Pentachondra pumila, Carmichaelia monroi and occasional fescue tussock.
Shrublands
Shrublands are not common
on Peak Hill. They are mainly restricted to scattered shrubs amongst
tussockland-q, except at the eastern end of Peak Hill with matagouri.
Also at this end, at approximately 950m altitude, is a small area
of shrubland ( < 0.75 ha) on one side of a talus covered narrow
gully or fault scarp (see map). The main shrub species are matagouri,
Coprosma propinqua, Corokia cotoneaster, porcupine shrub,
occasional manuka and yellowwood (Coprosma linariifolia) as
well as bracken, golden Spaniard and climbers of bush lawyer (Rubus
schmidelioides) Clematis forsteri and pohuehue (Muehlenbeckia
australis).
Surrounding these are the herbfield-q and sparse snow tussockland-q described above.
Below about 900m on these north facing slopes short tussock grasslands continue in most parts to the lake edge. Slopes are extremely steep and broken by long narrow erosion scars and bracken fernlands.
Immediately above the lake edge are small localised patches of shrublands and occasional forest trees occupying a narrow zone on very steep cliffed slopes. Matagouri and Coprosma propinqua are the most common shrubs, but there is also porcupine shrub, Coprosma propinqua, Olearia avicenifolia and scattered bushes of kowhai, broadleaf, lancewood and cabbage trees. Frequent climbers on some of these trees and shrubs are hairy leaved bush lawyer Rubus schmidelioides, pohuepu Muehlenbeckia complexa and the mistletoe Ileostylus micranthus growing on kowhai and Coprosma propinqua.
The biggest remnant patch is on the south eastern extremity of the lease. It extends along the lake edge for approximately 500m. Here, along with the species already mentioned, are some marbleleaf, Helichrysum lanceolatum, Coprosma linarifolia and several rata trees hanging out over the water.
2.5 Fauna
Introduction
A thorough investigation
of fauna was not undertaken as part of the field inspection. However,
fauna encountered were noted. In addition, any existing resource
information and the knowledge of local field staff and the lessee
are incorporated in this report.
Bird species observed during
the survey were:
* bellbird
* fantail
* silvereye
* harrier hawk
* paradise shelduck
* pipit
Other sources have observed bellbird, fantail and silvereye in the mixed angiosperm forest near Salmon Bay and the Coleridge PNA Survey report notes that "the scrub along the shore of Lake Coleridge (southern shore) is rich in forest and shrub dwelling birds."
Peak Hill adjoins the Rakaia Riverbed which is an important breeding habitat for several species of indigenous birds, namely wrybill, black-fronted tern, banded dotterel and black-billed gull.
Freshwater Fisheries
There are no significant
watercourses within the pastoral lease. The biggest stream is
Cardinal Stream which flows into the Rakaia River. There is no
database information available for this stream.
Other streams in the vicinity are known to contain a range of native species, but due to its size and the modification of its surrounds it is unlikely to be an important fisheries habitat.
However, the pastoral lease bounds Lake Coleridge and the Rakaia River, both very important trout and/or salmon fisheries. These values may be affected by land use decisions made on Peak Hill, especially on the steep northern faces of the Range Block alongside Lake Coleridge.
2.6 Historic Values
No European historical sites are known to be of interest to DOC on the property. Maori history and sites have not been identified at this point and formal Ngai Tahu inspections still need to be carried out.
2.7 Existing Land Status
Peak Hill lies within the Selwyn District and is under the Selwyn Transitional Plan. Under this Plan the property is zoned Rural C and provides for extensive pastoral farming, recreation, tourism and tree planting. Appendix 2 of the Plan has identified 2 areas of significant natural conservation value on adjoining lands. Appendix 10 identifies the property as being in its entirety within an "Outstanding Landscape Area". The Plan identifies an earthquake fault line on the property.
2.8 Recreation/Access
Peak Hill is situated alongside popular recreation areas (Lake Coleridge, Rakaia River) but recreational use of the actual property is low. The lessees receive the occasional request for access to the Rakaia River and Lake Coleridge, largely by anglers.
Future recreational use is likely to continue to centre on the lake and the Rakaia River. Lake Coleridge is an important high country fishery, while the Rakaia's outstanding value as a salmon fishery is recognised in the granting of a NWCO for the river from source to sea. The river attracts salmon and trout anglers from throughout the country.
Access to Lake Coleridge's southern shores is limited between the intake and the head of the lake. Public access to the shingly beach with a bush backdrop (locally called Salmon Bay) on the eastern boundary of Peak Hill would enhance public use of the lake in this area.
Access along the shores of the lake within Peak Hill is very difficult, and in some places impossible, because of steep slopes and bluffs.
There are extensive views of the entire Coleridge Basin and the Upper Rakaia, Mathias and the Wilberforce Rivers from the Peak Hill Ridge. A ridgewalk across Peak Hill, and beyond it to Mt Oakden would be an attractive day trip. (See also section 2.1)
2.9 EXISTING MANAGEMENT
Weeds
Hawkweed is present
over much of the property. Wilding pines are present on Peak Hill
and some form of control will be required in the future.
Wild Animals
Some wild animals do
occur in the area:
PART THREE CONSULTATION
Peak Hill was discussed at a meeting with NGOs on 22 June 1995.
NGO representatives had visited the property and proposed that
the following values/areas be protected:
PART FOUR: RECOMMENDATION
AND JUSTIFICATION
(October 1996)
The significant ecological and landscape values on Peak Hill are the remnant tall tussock grassland and lakeside shrublands. The Department of Conservation's recommendations for Peak Hill are as follows:
1. Peak Hill Summit
An area of some 250 (approximately) hectares be transferred to the Department of Conservation to be managed as Scenic Reserve. This land would be fenced and retired.
This area includes the tall tussock grassland above 800m on the shady faces and 950m on the sunny face. This area would protect the remnant tall tussock grasslands of Chionochioa macra and C flavescens as well as the numerous (30+) inter-tussock species. Also the subalpine shrubs are of considerable ecological importance.
The summit of Peak Hill from a landscape perspective has a high degree of naturalness and intactness. This landscape has been identified as being regionally significant and this dominant, highly visible hill should be protected.
Spectacular views of the Rakaia and Wilberforce Valleys and the Lake Coleridge/Craigieburn area are possible from the summit. Recreation access to the summit and a traverse along the main ridge could be future attractions.
2. Lake Coleridge Faces
This narrow strip below 950m encompassing part of the lakeside Peak Hill block lakeside 1 and lakeside blocks could be protected by an open space Covenant. It is recommended that the CCL approach the Queen Elizabeth National Trust with a view to protecting the broad open landscape. Grazing and normal farming practices would continue, the only restrictions would be on earthworks, building and tree planting. These activities would adversely affect the current landscape character.
3. Lakeside Shrubland
It is recommended that a narrow band of shrubland above Lake Coleridge be protected as Scenic Reserve. This shrubland is extensive in the SE corner of the property and is patchy above the lakeshore in places. While a continuous extended reserve above Lake Coleridge is desirable, total protection may be impractical.
Protection of the shrubland would enhance the scenic backdrop of Lake Coleridge as well as protect remnant vegetation that is not common at lower altitudes or alongside water bodies.
These shrublands, although small, and non continuous do provide habitat for a variety of native birds.
4. Public Access
Access routes are necessary into the proposed Conservation Area, Scenic Reserve and Recreation Areas. Access easements are necessary to formalise these proposals. The key access easements sought are:
i) Access easement from the Algidus Road to the proposed Conservation Area around the summit of Peak Hill. An easement along the ridge towards Mt Oakden would provide for future recreational opportunities. This access is a focal point for walkers/trampers and provides spectacular panoramic views over the surrounding area.
ii) An easement from the Algidus Road along the southern boundary would provide access to Lake Coleridge (Salmon Bay). This access route would cater for anglers, picnickers and walkers.
Access to Lake Coleridge is restricted elsewhere outside the property and there is already an existing demand for this route. This route would also provide access to the marginal strip around Lake Coleridge. Although this marginal strip is steep there are some opportunities for anglers to spread out.
iii) Rakaia River access off the Algidus Road near the southern boundary along an existing farm track is desirable. This access easement would be free year round access for walkers and vehicle access would be with permission of the landowner. A demand already exists for salmon and trout fishing and this route would formalise this. The Rakaia River's braided system is also an attraction for ornithologists and this route would allow access into an area of considerable conservation value.
Summary of Recommendations
That:
i)
a) The summit crest of Peak Hill some 250 ha be transferred to the Department of Conservation as Scenic Reserve.
b) and that this area be fenced and destocked.
ii) The lakeside shrubland be protected as Scenic Reserve under the Reserves Act 1977.
iii) The Lake Coleridge faces be freehold but the high landscape value be protected by an Open Space Covenant or under the District Scheme.
iv) Easements under the Conservation Act be formalised for walking access from the Mt Algidus Road to:
a) the summit of Peak Hill and northward along the main ridge;
b) Lake Coleridge (Salmon Bay)
c) the Rakaia River over an existing farm track and that vehicle access is on a by permission basis only.
PART 4: (Amended)
RECOMMENDATIONS AND JUSTIFICATIONS "FOR OFFICIAL USE ONLY"
(June 1999)
4.1 RECOMMENDATIONS
4.1.1. That the proposals described below be submitted to the CCL's Agent. during the consultation process on the preliminary proposal for this tenure review, as representing the views developed under delegated authority from the Director General of Conservation
4.1.2 Note that statutory consents will be required before the CCL can include (in the preliminary proposal for this tenure review) the designations set out in paragraph 4.2.5. 1
4.1.3 Note that any disposition of land by the Crown will be subject to the relevant provisions of Part IVA Conservation Act.
4.2. PROPOSALS AND JUSTIFICATIONS
4.2.1 Land to be Restored to or Retained in Full Crown Ownership and Control
4.2.1.1 Peak Hill
Existing Status: Pastoral Lease
Authority: Section 35 (2) (a) (i) Crown Pastoral Lands Act
Proposal: That an area of approximately 500 hectares be designated as a conservation area to be managed by the Department of Conservation.
Description: The slopes of Peak Hill above the 800 metre contour on the shady, southern face and down to Lake Coleridge on the northern face. Tall tussock grassland occurs above 800m on the southern face and 950m on the northern face. Below 950m down to the lake edge short tussock grasslands predominate.
Justification: The land is characterised by areas that
have the following significant
inherent values:
Management and Boundary Issues:
Management issues to
be taken into account if this proposal proceeds include:
Fencing- None needed provided existing fences around Peak Hill
can be utilised.
Track/access maintenance-Some maintenance of the 4wd track will
be needed.
Animal pest control -There will be a need to extend control work
already carried out in the area.
Fire control- Firebreaking may need to be carried out adjacent
to the freehold areas. The department could be expected to meet
half the cost of the breaks
Weed control-Wilding pines may become a problem.
4.2.2. Land to be Restored to or Retained in Crown Control
(Qualified Designation)
Not applicable.
4.2.3. Existing Reserve
Not applicable.
4.2.4. Existing Conservation Area
Not applicable.
4.2.5. Land Being Disposed of Subject to a Protective Mechanism
4.2.5.1 Lake Easement
Existing Status: Pastoral Lease
Authority: Section 40 (1) (c) Conservation Act [Crown Pastoral Land Act]
Proposal: That an area of approximately 2 hectares be designated as land that may be disposed of subject to the creation of an easement for the purpose of public access.
Description: The existing track that follows the south-eastern boundary of the lease from the main road to Lake Coleridge.
Justification: To provide access to the lake for 4wds, fishermen and walkers.
Management and Boundary Issues: Maintenance of the track should be a joint arrangement between the lessee, users and the department. Double fencing the track where it passes through the freehold land should be considered. Signposting of the track should be undertaken.
Type of Protective Mechanism: An easement under section 7 (2) of the Conservation Act.
Terms and Conditions: Attached
4.2.5.2 Peak Hill Range Easement
Existing Status: Pastoral Lease
Authority: Section 40 (l) (c) Crown Pastoral Land Act
Proposal: That an area of approximately 4 hectares be designated as land that may be disposed of subject to the creation of an easement for the purpose of public access.
Description: An easement along the top of the range from the conservation area boundary near Peak Hill to the freehold boundary near Mt. Oakden.
Justification: To provide access along the range for walkers with the possibility of extending the route to Mt. Oakden in the future.
Management and Boundary Issues: Signposting of the track should not be needed until the extension is undertaken.
Type of Protective Mechanism: An easement under section 7 (2) of the Conservation Act.
Terms and Conditions: Attached
4.2.6 Other Qualified Designations
4.2.6.1 Crown Access
Existing Status: Pastoral lease
Authority: s.36(3)(b) CPLA
Proposal: That the designation of land under s.35(3)CPLA, for disposal, be subject to the creation of an easement in favour of adjacent Crown land.
Description: The existing track that follows the south-eastern boundary of the lease from the main road to Lake Coleridge.
Justification: The easement will provide access for Crown agents to the Conservation Area and allow maintenance of the track.
Management and Boundary Issues: Same as for public access.
Type of Qualification: Easement in favour of adjacent land.
Attachment: Terms and conditions.
4.2.7 Exemption or Variation of a Marginal Strip Width
Not Applicable.
PART 5 ATTACHMENTS
5.1 Additional Information
(i) Terms and conditions of protective mechanisms
5.2 Illustrative Map
5.2. 1 Boundaries
October 26, 2001
Commissioner of Crown Lands
c/- Knight Frank NZ Limited
P O Box 142
Christchurch
Fax (03) 379 8440
Submission on Peak Hill Review Preliminary Proposal
On 25 September 2001 I advised that I had only just received requested official information on this proposal, and consequently PANZ had insufficient time to make informed commentary within the due time. I subsequently requested and obtained the Commissioner's approval for extension of time for submission until Friday 26 October. This is our substantive submission.
Without our access to a large body of official information, it would have been very difficult to make informed commentary on the proposals. The summary of the proposals released at the time of public notification is short on detail. Reliance on this alone would not allow critical evaluation of the proposals.
Summary
The main recreational
characteristics of the Peak Hill pastoral lease are the hill itself
and the spectacular views it affords; potential for walking opportunities
on the hill and beyond; the steep Lake Coleridge faces as the
dominant backdrop for uses of the lake; and the lake margins and
the Wilberforce River as settings for a variety of recreational
activities. This is a very prominent, dramatic and dominating
feature of the upper Rakaia/Coleridge landscape. It therefore
provides a natural focus for recreational interest.
The importance of the above characteristics is well recorded in the official papers supplied to us, however the Preliminary Proposal only partly provides for their protection and/or public recreation.
We seek the following amendments to the Proposals
1. The shrubland backdrop to Salmon Bay included in the area for retention in Crown ownership.
2. The Lake Coleridge faces proposed to the freeholded, made subject to a landscape protective mechanism that prevents vehicle tracking or other earth disturbance, forestry development, and the erection of buildings.
3. The creation of a 'return' public foot easement along an existing vehicle track, from the ridge crest near the proposed western boundary of the conservation area, to the Mt Algidus Road.
4. That easement 'B' not be established until connecting easements and/or conservation areas on Mt Oakden are provided, however this future easement alignment should be protected from obstruction.
5. That a vehicle, foot and cycle access easement is provided from the Mt Algidus Road to Salmon Bay.
6. Vehicle access is secured from the Mt Algidus Road to the Wilberforce River along an existing legal road alignment.
Salmon Bay shrublands
The DOC Conservation
Resources Report states that "the biggest remaining patch
(of native shrublands) is on the south eastern extremity of the
lease. It extends along the lake edge for approximately 500m".
This area was also described as "a mixed angiosperm forest"
which is "rich in forest and scrub dwelling birds".
This clearly has 'significant inherent values' which DOC recommended for public reservation in 1999. However the reservation of this area has been dropped from the Preliminary Proposal. The only official explanation we have found for this is that the holders "expressed their wish to obtain freehold title to lakeside land at the south-eastern end of the lease" (Report on Consultation, pg. 2). We believe this not to be a relevant consideration under the Crown Pastoral Lands Act and expressly contrary to section 24(b)(ii) because it freeholding does not "enable the protection of significant inherent values of reviewable land".
There is also recreational interest in Salmon Bay and access to this bay. Lakeside areas, especially where there is ready public access, are always popular for recreation. Public reservation of this area would therefore be consistent with Section 24 (b)(i), the "securing of public...enjoyment of reviewable land".
Lake Coleridge faces
From a landscape perspective,
the steep lake faces on both Peak Hill and Mt Oaken pastoral leases
are of almost uniform gradient and vegetative character. The only
distinguishing feature, of those faces proposed for freeholding
on Peak Hill, is that the ridge crest is lower than elsewhere.
The Rakaia side of the range is more varied in topography and
has had extensive pasture and shelter belt development on the
lower slopes. None of this has occurred on the Lake Coleridge
side. The retention of a uniform landscape character, given its
great prominence from the Coleridge basin, should be a high priority.
As DOC has observed it "is a very prominent, dramatic and
dominating feature of the ... landscape" (Conservation Resources
Report, pg. 1).
Independent of the question of the sustainability of continued primary production on the proposed freehold lake faces, we believe that the landscape character of this face is an inherent natural value that requires protection by a protective mechanism under the CPLA. In October 1996 DOC recommended a QEII Covenant over these faces with prohibitions on earthworks, building and tree planting. For unexplained reasons this proposal has been dropped. We have little confidence in the QEII Trust protecting such important landforms, however we strongly recommend covenanting either under the Reserves or Conservation Acts.
Public access provisions
We fully endorse the
intention to provide walking access from the proposed conservation
area along the ridge crest towards Mt Oakden. While Mt Oakden
is not in the tenure review programme, and there is no guarantee
that it will join or that a connecting easement would be agreed
if it were in the programme, the Crown should take a long-term
view of these opportunities. The tenure review programme is almost
certainly the last major reallocation/subdivision of high country
land to occur in New Zealand. If the opportunity to establish
a ridge-crest public access route is foregone, it is most improbable
that any future public authority would instigate such in the future.
This is due to a lack of voluntary negotiating power and a reluctance
to confiscate private property rights, no matter what Government
holds office.
There are however practical considerations arising from establishment of easement 'B' when it would be confined to Peak Hill, with nowhere for the public to go 'legally' once at the western end. After descending 1500 feet from the summit of Peak Hill and then climbing 800 feet to the easement termination point near Trig U, most people would be reluctant to return by the same route and would either continue along the ridge or descend to the road near the boundary fence between the properties. This would not be a very direct route and would take walkers close to the Oakden homestead block, with the likelihood of stock disturbance. On reaching the Mt Algidus Road, walkers would then face the difficulty of returning to their starting point at easement 'A' some 6 km away. We do not think that this is an attractive option as a round trip.
We are firmly of the opinion that there is need for a round trip walking route on Peak Hill irrespective of the potential for extended ridge walking. The creation of a 'return' public foot easement along an existing vehicle track, from the ridge-crest near the proposed western boundary of the conservation area to the Mt Algidus Road, would achieve this. The upper section would be on freehold, however the rest could be inside the lower conservation area boundary at the base of the hill, away from heavily utalised pasture land. Another option to achieve a return route would be to extend the conservation area downslope to incorporate all the track, however we believe that an easement on the same terms as easement 'A' would be satisfactory.
PANZ has considered what long-term access may result if Mt Oakden is subject to tenure review and how the current Peak Hill proposals would fit in. The ridge steadily rises from Trig U to Trig V, then drops to a relatively low saddle before a major climb to Mt Oakden. This saddle provides the first practical and most obvious opportunity to descend either to the Mt Algidus Road or to a large fan on the shores of Lake Coleridge. The climb onto Mt Oakden is a far more serious proposition than the comparable amble along the ridge from Peak Hill. Any future access to this mountain would most probably be from the 'low saddle' already described.
The distance between the 'low
saddle' and the proposed Peak Hill conservation area is not great.
It is only about 5-6 km or 1.5 hours walking time. Therefore if
such access were available in future there would not be much point
in an easement down the station boundaries.
If there is a return access from Peak Hill, we believe that until
such time as further access is negotiated on Mt Oakden, there
is no point in establishing easement 'B'. However provision must
be made now for future establishment of this easement.
We recommend that easement 'B' is not established until connecting easements and/or conservation areas on Mt Oakden are provided. However a non-revocable memorandum of agreement must protect this future easement alignment with the holder and successors in title committed to register an easement, on the terms currently proposed, when and if a connection is established. This should include an enforceable condition that the holder will not undertake developments along or across the proposed alignment that cannot be remedied by gates or stiles.
If access arrangements are not made on Mt Oakden, our proposal for a return route on Peak Hill would still satisfy public needs while avoiding inevitable trespass onto freehold land.
Access to Salmon Bay
DOC has identified three
locations with 'recreation value' in their Conservation Resources
Report. One was the summit of Peak Hill, the others Salmon Bay
and the Rakaia River. However only Peak Hill has been incorporated
into the Preliminary Proposal.
In October 1996 DOC recommended
"key access easements" including
"An easement from the Algidus Road along the southern boundary
[which] would provide access to Lake Coleridge (Salmon Bay). This
access route would cater for anglers, picnickers and walkers.
Access to Lake Coleridge is restricted elsewhere outside the property
and there is already an existing demand for this route. This route
would also provide access to the marginal strip around Lake Coleridge.
Although this marginal strip is steep there are some opportunities
for anglers to spread out".
We can only endorse the above comments and do no see why this "key" access should be omitted at this stage. However we see no necessity to exclude vehicle access, as there is a pressing need for such on the western shore of the lake. We note that the nearest legal access is at the hydro scheme intake, over 3 km away. The access that DOC previously recommended provides the only new opportunity for practical access along the entire western shore. Without additional access the existing legal road on the shoreline, and marginal strips yet to be created, will remain inaccessible. As marginal strips are created from 'reviewable land', there is a duty under section 24 CPLA to "secure public access to and enjoyment of such reviewable land".
Access to Wilberforce and
Rakaia Rivers
Another "key"
access was for "access off the Algidus Road near the southern
boundary along an existing farm track." "This access
easement would be free year round access for walkers and vehicle
access would be with permission of the landowner. A demand already
exists for salmon and trout fishing and this route would formalise
this. The Rakaia River's braided system is also an attraction
for ornithologists and this route would allow access into an area
of considerable conservation value".
This has also been dropped from the Preliminary Proposal.
We strongly endorse the need for access to the river and its margins, however we question whether this is the best route. Half the length of this proposed access is through Rural Section 8043 which is not within the pastoral lease and no status check were done on it. Therefore it is unknown if this is part of the Peak Hill holding and potentially available for negotiated access. In any event we believe that there is need for 'as of right' vehicle access to the river.
The obvious alternative is an existing legal road from the Mt Algidus Road between the Mt Oakden and Peak Hill homesteads, just west of Cardinal Stream. This road forks after a few hundred metres, with the left fork leading directly to the riverbed. The Due Diligence Report states that this is formed and "of variable standard", however "it tends to deviate from the legal position". We believe that this latter advice is unreliable for two reasons
1. The advice portrays alignment as the determinate of legal status. This is based on an invalid assumption that definition by survey is the prerequisite to 'legality'. However 'dedication', by a variety of means, is the key factor in determining legality of roads (see Mason 1991. 'Public Roads: a guide to rights of access to the countryside'). Usually definition by 'right-lining' survey action is an indicator of legality, but as a subsequent action after dedication (consider most State Highway realignments these can be surveyed years after formation and being 'thrown open' to the public at large. No one questions the legality of these once in use).
2. In this particular case, the first part of the road has been defined by survey (SO 8381), and the formation appears to be on this alignment. However the balance of the road is an unsurveyed 'Crown Grant Road 100 links wide', the alignment of which is adopted from Topo 32P, an 1881 plan that merely shows a sketched single pecked line. The double solid line 'legal road' now shown on the most recent definition plan (SO 13948), and that on the Preliminary Proposal Plan, approximates what was already an approximation of an existing track or route. The alleged 'deviation' of the current road formation may not be a deviation at all. The key monument or evidence of alignment is the original alignment, irrespective of what the currently applicable survey records depict. Therefore, with clarification from evidence on the ground, and signposting, this road may be readily available for as-of-right public use by vehicle or other means. This would satisfy a key need for public access to the river and the Crown's duty to secure public access to newly created marginal strips out of 'reviewable land'. We recommend that active steps be taken to clarify the legality of the existing alignment, and redefine by survey if necessary, so that this become the primary public access to the river in this locality.
Marginal Strips
PANZ is extremely disappointed
with the way marginal strips have been dealt with on this property.
A memorial on the certificate
of title reads
"Pursuant to Section 58 of the Land Act 1948, a strip of
land one chain in width along the banks of all streams and rivers
is excluded [present tense] from the within lease". This
is in accord with the provisions of the Land Act at the time the
lease was issued, and currently. Whereas official advice, with
one exception where a strip is "laid off' on a survey office
plan, is that strips do not exist and now require action under
the Conservation Act to create them.
We take particular exception to a variation of the terms of the pastoral lease, registered in 1988, which "extended" the term of the lease by 33 years, rather than renew the lease. There are express provisions in the Land Act for lease renewal which we believe preclude the 'extension' of the terms of existing leases. The Land Act only permits 33 year term pastoral leases, not for 66 years which the Peak Hill lease now purports to be. This raises an issue over the current legality or existence of this lease, and all others that have been similarly treated.
It is well established in law that the granting or renewal of a lease is a 'disposition'. Such dispositions of lands of the Crown require the establishment of what are now know as marginal strips.
We believe that the decision made to 'extend' the term of the existing pastoral lease was a willful move to avoid the laying off of marginal strips, so subverting the intent of Parliament and the interests of the public of New Zealand. If so this would be is a scandalous abuse of power, one that we understand has been applied throughout Canterbury.
Average width verses 'over'
3 metres
There is the universal
view held by DOC, surveyors, LINZ and contractors that it is only
where streams and rivers are 3 metres or more in width that marginal
strips are required.
The Due Diligence Report, in relation to marginal strips and riparian rights, twice misquotes statutes by stating that strips are required along rivers and streams "of 3 metres width or greater". SO 13948 has an incorrect notation that "Run 274 is subject to Sec. 58 of the Land Act 1948 along lake edge rivers and streams over 3 metres wide".
Section 24 (3) Conservation Act and Section 58 Land Act require strips to be reserved along streams and rivers with "a bed that has an average width of 3 metres or more"(s24) or with "an average width of not less than 3 metres" (s58).
For the banks of the Wilberforce and Lake Coleridge this erroneous interpretation would have no effect on the extent of strips reserved, however for small streams it could result in strips ceasing at the point where the bed width first narrows to 3 metres. An average is a mean, not a minimum. Therefore strips should extend further upstream to the point where the bed is an average of 3 metres along the full reach of the bank subject to disposition.
In view of entrenched misapplication of law, we have little confidence that the provisions of Part IVA of the Conservation Act will be properly applied as a result of this tenure review.
We therefore submit that
Yours faithfully
Bruce Mason
Researcher and Co-Spokesman
More photographs
Peak Hill and Mt Oakden Stations - Rakaia faces 760 k
Peak Hill and Mt Oakden Stations - Lake Coleridge faces 670 k