This page created
13 August 2002 / last modified 16 August 2002
Po 053, Po 188, Po 192, Po 193, Po 237, Po 365
Lindis Valley
Otago Land District
Tenure review yet to be approved by Commissioner of Crown Lands
CROWN PASTORAL LAND ACT 1998
LINDIS GROUP TENURE REVIEW
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 put a preliminary proposal for tenure review to the holders of the following group of properties:
(1) Matthew Robert McCaughan holder of Geordie Hill Pastoral Lease.
Legal description of pastoral lease land:
Part Run 675 Cluden and Lindis Survey Districts being the land comprised and described in Folio No OT338/71 (Otago Land Registry) comprising 2096.9578 hectares.
(2) Longacre Station Limited the holder of Longacre Pastoral Lease.
Legal description of pastoral lease land:
Part Run 237G and Section 1 SO Plan 23198 being the land comprised and described in Folio No OT386/83 (Otago Land Registry) comprising 3340.7978 hectares.
(3) Shirlmar Station Limited the holder of Shirlmar Pastoral Lease:
Legal description of pastoral lease land:
Sections 2 - 4 SO Plan 23198 being the land comprised and described in Folio No OT386/79 (Otago Land Registry) comprising 3521.8300 hectares.
(4) Gerald Raymond Goodger, The Trustees Executors & Agency Company of New Zealand Limited and Mary Josephine Goodger the holders of Merivale Pastoral Lease.
Legal description of pastoral lease land:
Run 676 Cluden and Lindis Survey Districts being the land comprised and described in Folio No OT386/76 (Otago Land Registry) comprising 2667.0807 hectares.
(5) John Clement Anton Lucas, Elizabeth Ann Lucas and Helen Lesley Pledger and Elizabeth Ann Lucas the holders of Timburn Pastoral Lease.
Legal description of pastoral lease land:
(6) Part Run 237G St Bathans Survey District, Cluden Survey District, Lindis Survey District being the land comprised and described in Folio No OT386/119 (Otago Land Registry) comprising 5131.6795 hectares.
James Gordon Lucas, Marion Lesley Lucas, Miles Cameron White and Mark James Cunningham Faulks the holders of Nine Mile Pastoral Lease.
Legal description of pastoral lease land:
Sections 1, 3, 5 and 6 Block XIII Lindis Survey District and Sections 11 and 15 Block II Cluden Hill Survey District being the land comprised and described in Folio No OT338/61 (Otago Land Registry) comprising 2233.3037 hectares.Legal description of freehold land:
Section 2 Block XIII Lindis Survey District being the land comprised and described in Certificate of Title OT6C/328 (Otago Land Registry) comprising 8094 square metres.
General description of proposal:
(1) 3 ha (approximately) to be designated as land to be restored to full Crown ownership and control as a recreation reserve under Section 35 (2) (a) (ii) Crown Pastoral Land Act 1998. This area lies between the Lindis River and State Highway 8.
(2) 5 ha (approximately) to be designated as land to be restored to full Crown ownership and control as a conservation area under Section 35 (2) (a) (i) Crown Pastoral Land Act 1998. This area adjoins Short Spur Creek.
(3) 15 ha (approximately) to be restored to full Crown ownership and control as a conservation area under Section 35 (2) (a) (i) Crown Pastoral Land Act 1998. This area adjoins Coal Creek.
(4) 10.8094 ha (approximately) to be restored to full Crown ownership and control as a historic reserve under Section 35 (2) (a) (ii) Crown Pastoral Land Act 1998. This area comprises the Lindis Hotel site and adjacent gold workings.
(5) 2094 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder of Geordie Hill Pastoral Lease under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to Part IVA Conservation 1987 Act and Section 11 of the Crown Minerals Act 1991.
(6) 3341 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder of Longacre Pastoral Lease under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to Part IVA Conservation Act, Section 11 of the Crown Minerals Act 1991, public foot access easement, conservation management easement, and a conservation covenant.
(7) 3517 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder of Shirlmar Pastoral Lease under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to Part IVA Conservation Act, Section 11 of the Crown Minerals Act 1991, public foot access easement, public motor vehicle access easement, reserve management easement, conservation management easement, and a conservation covenant.
(8) 2667 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder of Merivale Pastoral Lease under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to Part IVA Conservation Act 1987, Section 11 of the Crown Minerals Act 1991, public foot access easement, public access and parking easement, conservation management easement, and reserve management easement.
(9) 5117 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder of Timburn Pastoral Lease under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to Part IVA Conservation Act 1987, Section 11 of the Crown Minerals Act 1991, public foot access easement, conservation management easement, and a conservation covenant.
(10) 2223 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder of Nine Mile Pastoral Lease under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to Part IVA Conservation Act 1987, Section 11 of the Crown Minerals Act 1991, and a public access and parking easement.
Protective mechanisms:
(i) An easement to provide for carparking and public foot and mountain bike access from the Lindis River to Lindis Peak.
(ii) An easement to provide for public foot and mountain bike access from the Lindis River via McPhies Ridge to Goodger Road.
(iii) An easement to provide for public vehicle access from Goodger Road to a carpark within the Merivale Pastoral Lease.
(iv) Easements to provide for public foot and mountain-bike access from the carpark in the Merivale Pastoral Lease to Dunstan Creek, along the Chain Hills, and to Dunstan Pass.
(v) Easements to provide for conservation management access to the conservation areas in Short Spur Creek and Coal Creek and also to Dunstan Creek.
(vi) Conservation covenants over parts of the proposed freehold from Shirlmar, Longacre and Timburn pastoral leases under Section 40 (1) (c) of the Crown Pastoral Land Act 1998 for the purpose of preserving the natural environment and landscape amenity of the western faces of Dunstan Creek, the headwaters of the left branch of the Timburn and the headwaters of Coal Creek.
Further information including a copy of the Designations Plan, covenant and easement documents is available on request from the Commissioner's agent at the following address:
The Manager
DTZ New Zealand Limited
Land Resources Division
P O Box 27
ALEXANDRA
Phone (03) 448-6935
Fax (03) 448-9099
E-mail: ken.taylor@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.
Closing date of submissions:
Written submissions must be received no later than 2 August 2002
SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE REVIEW
OF THE LINDIS GROUP OF PASTORAL LEASES
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
(l) Details of land under consideration.
(2) Proposal.
(3) Description of proposed designations.
(4) The proposal in relation to the Objects of Part 2 of the Crown Pastoral Land Act 1998.
Appendices:
(1) Details of land under consideration:
1.1 Pastoral lease:
Lease Name: Geordie Hill.
Lessee: Matthew Robert McCaughan.
Location: Goodger Road, Lindis Valley
Land Registry Folio Ref: . OT338/71 (Otago Land Registry).
Legal Description: Part Run 675 Cluden and Lindis Survey Districts
Area: 2096.9578 ha
Local Authority: Central Otago District Council.
Term of Lease: 33 years from 1 July 1987.
1.2 Pastoral lease:
Lease Name: Longacre.
Lessee: Longacre Station Limited.
Location: On Timburn Road, Lindis Valley.
Land Registry Folio Ref: OT386/83 (Otago Land Registry).
Legal Description: Part Run 237G and Section 1 SO 23198.
Area: 3340.7978 ha
Local Authority: Central Otago District Council.
Term of Lease: 33 years from 1 July 1991.
1.3 Pastoral lease:
Lease Name: Shirlmar.
Lessee: Shirlmar Station Limited.
Location: Goodger Road, Lindis Valley.
Land Registry Folio Ref: OT386/79 (Otago Land Registry).
Legal Description: Sections 2 - 4 SO Plan 23198.
Area: 3521.8300 ha
Local Authority; Central Otago District Council.
Term of Lease: 33 years from 1 July 1991.
1.4 Pastoral lease:
Lease Name: Merivale.
Lessees: Gerald Raymond Goodger, The Trustees Executors & Agency Company of New Zealand Limited and Mary Josephine Goodger.
Location: Timburn Road, Lindis Valley.
Land Registry Folio OT386/76 (Otago Land Registry).
Legal Description: Run 676 Cluden and Lindis Survey Districts.
Area: 2667.0807 ha
Local Authority: Central Otago District Council.
Term of Lease: 33 years from 1 July 1991.
1.5 Pastoral lease:
Lease Name: Timburn
Lessees: John Clement Anton Lucas, Elizabeth Ann Lucas and Helen Lesley Pledger and Elizabeth Ann Lucas.
Location: Timburn Road, Lindis Valley.
Land Registry Folio Ref: 386/119 (Otago Land Registry).
Legal Description: Part Run 237G St Bathans Survey District, Cluden Survey District, Lindis Survey District.
Area: 5131.6795 ha
Local Authority: Central Otago District Council.
Term of Lease: 33 years from 1 July 1991.
1.6 Pastoral lease:
Lease Name: Nine Mile.
Lessees: James Gordon Lucas, Marion Lesley Lucas, Miles Cameron White and Mark James Cunningham Faulks.
Location: State Highway 8, Lindis Valley.
Land Registry Folio Ref: OT338/61 (Otago Land Registry).
Legal Description: Sections 1, 3, 5 and 6 Block XIII Lindis Survey District and Sections 11 and 15 Cluden Survey District.
Area: 2233.3037 ha
Local Authority: Central Otago District Council.
Term of Lease: 33 years from 1 July 1985.
1. 7 Freehold land:
Holder: James Gordon Lucas, Marion Lesley Lucas, Miles Cameron White and Mark James Cunningham Faulks.
Location: State Highway 8, Lindis Valley.
Land Registry Folio Ref: OT6C/328 (Otago Land Registry).
Legal Description: Section 2 Block XIII Lindis Survey District.
Area: 8094 sq.m.
Local Authority: Central Otago District Council.
(2) Proposal:
2.1 To be designated as land to be restored to full Crown ownership and control as a recreation reserve (under Section 35 (2) (a) (ii) of the Crown Pastoral Land Act 1998):
Area: 3 ha (subject to survey) (area shaded green and numbered R4 on Diagram F and marked on Plan 1 in Appendix 1).
2.2 To be designated as land to be restored to full Crown ownership and control as a conservation area (under Section 35 (2) (a) (i) Crown Pastoral Land Act 1998):
Area: 5 ha (subject to survey) (area shaded green and marked CA 1 on Diagram C and marked on Plan 2 in Appendix 1). Fencing specifications for this area are attached as Appendix 10.
2.3 To be designated as land to be restored to full Crown ownership and control as a conservation area (under Section 35 (2) (a) (i) Crown Pastoral Land Act 1998):
Area: 15 ha (subject to survey) (area shaded green and marked as CA 2 on Diagram D and marked on Plan 2 in Appendix 1). Fencing specifications for this area are attached as Appendix 19.
2.4 To be designated as land to be restored to full Crown ownership and control as a historic reserve (under Section 35 (2) (a) (ii) Crown Pastoral Land Act 1998):
Area: 10 ha (subject to survey) (ex Nine Mile Pastoral Lease) and 8094 sq.m. (ex freehold) (area shaded green and numbered R3 on Diagram G and marked on Plan 1 in Appendix 1).
2.5 To be designated as land to be disposed of by freehold disposal to Matthew Robert McCaughan (under Section 35 (3) Crown Pastoral Land Act 1998):
Area: 2094 ha (subject to survey) (edged pink on the Designations Plan in Appendix l and shown as Geordie Hill).
2.6 To be designated as land to be disposed of by freehold disposal to Longacre Station Limited (under Section 35 (3) Crown Pastoral Land Act 1998) subject to protective mechanisms:
Area: 3340.7978 ha (subject to survey) (edged pink on the Designations Plan in Appendix 1 and shown as Longacre).
Protective mechanisms:
(a) An easement Section 12 Reserves Act 1977 to provide for public foot, and mountain bike access over the routes marked f-g-h, t-u, v-w, g-u on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 2.
(b) An easement under Section 7 (2) Conservation Act 1987 for management purposes over the route marked f-g-in on Plan 2 in Appendix 1. A draft easement document is attached Appendix 3.
(c) A conservation covenant granted under Section 40 (1) (c) CPLA for the purpose of preserving the natural environment and landscape amenity over that part of the Longacre lease land shaded yellow on Plan 2 in Appendix 1. A draft covenant document is attached as Appendix 4.
2.7 To be designated as land to be disposed of freehold disposal to Shirlmar Station Limited (under Seection 35 (3) Crown pastoral Land Act 1998) subject to protective mechanisms:
Area: 3517 ha (subject to survey) (as outlined in pink on the Designations Plan in Appendix 1).
Protective mechanism:
(a) An easement pursuant to Section 12 Reserves Act 1977 for public foot and mountain bike access over the routes marked m-n-o, n-q-r-s, q-t and 1-k on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 5.
(b) An easement pursuant to Section 12 Reserves Act 1977 for public motor vehicle access over the route marked 1-k on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 6.
(c) An easement pursuant to Section 7 (2) Conservation Act 1987 for management purposes over the routes marked 1-k and y-z on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 7.
(d) An easement pursuant to Section 12 Reserves Act 1977 for conservation management access over the routes marked 1-k, p-q-n-o and q-r-s on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 8.
(e) A conservation covenant granted under Section 40 (1) (c) of the Crown Pastoral Land Act 1998 for the purpose of preserving the natural environment and landscape amenity over that part of the Shirlmar lease land shaded yellow on Plan 2 in Appendix 1. A draft covenant document is attached as Appendix 9.
2.8 To be designated as land to be disposed of by freehold disposal to Gerald Raymond Goodger, The Trustees Executors & Agency Company of New Zealand Limited and Mary Josephine Goodger under Section 35 (3) Crown Pastoral Land Act 1998 subject to protective mechanisms:
Area: 2667 ha (subject to survey) (edged pink and shown as Merivale on the Designations Plan in Appendix 1).
Protective mechanisms:
(a) An easement pursuant to Section 7 (2) Conservation Act 1987 for management purposes over the route marked h-i-j-k on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 11.
(b) An easement pursuant to Section 12 Reserves Act 1977 for public foot and mountain bike access over the route marked h-i-j on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 12.
(c) An easement pursuant to Section 12 Reserves Act 1977 for public foot, motor vehicle and mountain bike access over the routes marked j-k and j-m and for carparking over the site marked CP1 on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 13. The specifications for fencing the proposed carpark are attached as Appendix
(d) An easement pursuant to Section 12 Reserves Act 1977 for reserves management access over the route marked i-p on Plan 2 in Appendix 1. A draft easement document is attached as Appendix 14.
2.9 To be designated as land to be disposed by freehold disposal to John Clement Anton Lucas, Elizabeth Ann Lucas and Helen Lesley Pledger and Elizabeth Ann Lucas (under Section 35 (3) Crown Pastoral Land Act 1998) subject to protective mechanisms:
Area: 5117ha (subject to survey) (edged pink and shown as Timburn on the Designations Plan in Appendix 1).
Protective mechanisms:
(a) An easement pursuant to Section 12 Reserves Act 1977 to provide for public foot and mountain bike access over the routes marked c-d-f, u-v and u-x on the Designations Plan in Appendix 1. A draft easement document is attached as Appendix 16.
(b) An easement pursuant to Section 7 (2) Conservation Act 1987 for management purposes over the routes marked f-d-e and d-dl on the Designations Plan in Appendix 1. A draft easement document is attached as Appendix 17.
(c) A conservation covenant granted under Section 40 (1) (c) of the Crown Pastoral Land Act 1998 for the purpose of preserving the natural environment and landscape amenity over that part of the Timburn lease land shaded yellow on Plan 2 in Appendix 1. A draft covenant document is attached as Appendix 18.
2.10 To be designated as land to be disposed of by freehold disposal to James Gordon Lucas, Marion Lesley Lucas, Miles Cameron White and Mark James Cunningham Faulks under Section 35 (3) Crown Pastoral Land Act 1998 subject to a protective mechanism:
Area: 2223 ha (subject to survey) (edged pink and shown as Nine Mile on the Designations Plan in Appendix 1).
Protective mechanism:
An easement pursuant to Section 12 Reserves Act 1977 for public foot and mountain bike access over the route marked a-b and carparking at the site marked CP2 on Plan 1 in Appendix 1. A draft easement document is attached as Appendix 20.
3 Description of Proposed Designations:
3.1 Land to be designated as recreation reserve:
Lindis River:
Area: 3 ha (approximately)
Description:
This is an area of relatively flat land lying between State Highway 8 and the Lindis River. It has had an historic use of casual camping and the setting aside of this area as a recreation reserve will provide the opportunity for such use to continue.
3.2 Land to be designated as conservation area:
Short Spur Creek Conservation Area:
Area: 5 ha (approximately)
Description:
This area straddles a portion of the headwaters of Short Spur Creek. The purpose of this conservation area is to protect the berm area of a section of Short Spur Creek which is inhabited by flathead galaxiids, a Category 1 threatened species. The area is well defined and a bog area below the proposed conservation area is thought to have prevented brown trout from entering this section of the creek, thereby protecting the galaxiid population. Further fencing will be required to protect the habitat.
3.3 Land to be designated as conservation area:
Coal Creek Conservation Area:
Area: 15 ha (approximately)
Description:
This area straddles the upper reaches of Coal Creek beyond the junction with Richmond Street. This section of Coal Creek also contains the threatened native fish, flathead galaxiid. The proposed conservation area will protect the habitat for this species. Further fencing will be required to maintain the habitat.
3.4 Land to be designated as historic reserve:
Lindis Hotel site:
Area: 10.8094 ha (approximately)
Description:
This area includes approximately 10 ha of currently pastoral lease land which contains the historic gold workings in Camp Creek and the Lindis River. Associated with this is the historic remains of the Lindis Hotel, which are currently contained on freehold land. Further fencing is required to restrict stock access to the hotel site.
3.5 Land to be designated as land to be disposed of by freehold disposal to the various holders subject to protective mechanisms:
Total area: 18959 ha (approximately)
3.5.1 Proposed freehold:
This area is contained within six properties lying in the Lindis Valley. Five of these have frontage onto the Lindis River. The properties lie in altitude between 300 metres at the Cluden end to 1225 metres at Lindis Peak, 1300 metres at the northern end of the Chain Hills and 1447 metres at the southern end. The majority of this area up to 1000 metres has been developed for farming through either cultivation or largely through oversowing and topdressing. Changing climatic conditions suggest that the better results from oversowing and topdressing are being achieved at the higher altitudes and an upwards extension of this is quite feasible.
3.5.2 Easements:
Public access is a key element of this review. To the west of State Highway 8 a carpark is proposed by the bridge at Nine Mile with public foot and mountain bike access being available from there to the top of Lindis Peak. This peak offers significant views and is a desirable destination through the easement. Goodger Road provides legal access to well within Shirlmar Pastoral Lease, however beyond this point the formation is not contained within the legal alignment. A vehicle access easement is proposed from this point to a suitable carparking area in the upper reaches of the Timburn being the furthest extent of practical and safe vehicle access. From this point a number of easements provide access on to the Chain Hills including vantage points both at the northern and southern extent of the land within this review. Also from these access is gained into Dunstan Creek on two separate routes.
Public foot and mountain bike access is also provided from a legal road adjacent to the Lindis River at the Cluden end via McPhies Ridge connecting right through the reviewed land to the carpark mentioned above. These routes provide excellent mountain biking and foot access opportunities.
A range of easements for conservation and reserves management purposes are also included.
3.5.3 Conservation covenant:
An extensive conservation covenant is proposed within Shirlmar, Longacre and Timburn properties providing protection for significant inherent values over all land within the Dunstan Creek catchment plus the headwaters of the Timburn and the headwaters of Coal Creek. This area has retained significant inherent values whilst being managed and developed for farming purposes. These areas contain tussock grasslands which have been significantly modified by farming activities. The native vegetation is dominated by a Chionochloa rigida grasslands with lesser areas of Chionochloa macra. Of greatest significance is the landscape which forms part of the experience of the Dunstan Creek remote area. The importance of this landscape is such that it is important the Crown retain an input with a covenant providing this opportunity. The portion of the covenant which lies in the left branch of the Timburn contains the most intact altitudinal sequence of natural vegetation within the reviewed land. Plant species included in this are Olearia odorata, C. rigida, Poa colensio and festucca nova zealandei, with Chionochloa macra in the upper levels. This vegetation is retained within a farming situation and a covenant provides opportunity for dual management of this sequence. The area contained in the headwaters of Coal Creek includes healthy cover of Chionochloa macra, again which has been maintained within the farming system and a covenant provides the opportunity for dual management of this area.
(4) The Proposal in relation to the Objects of Part 2 CPL Act:
The objects of Part 2 of the CPL Act are set out in Section 24 of the Crown Pastoral Land Act 1998 viz:
24. Objects of Part 2 - The objects of this part are:
(a) To:
(i) Promote the management of reviewable land in a way is that is ecologically sustainable:
(ii) Subject to subparagraph (i), enable reviewable land capable of economic use to be freed from the management constraints (direct and indirect) resulting from its tenure under reviewable instrument; and
(b) To enable the protection of signif cant inherent values of revisable land:
(i) By the creation of protective mechanisms; or (preferably)
(ii) By the restoration of land to full Crown ownership and control: and
(c) Subject to paragraphs (a) and (b), to make easier -
(i) The securing of public access to and enjoyment of reviewable land; and
(ii) The freehold disposal of reviewable land.
The six properties contained within this tenure review have all been extensively developed for farming. While a limited portion of the reviewable land lies above 1000 metres in the context of the overall review all of this land could continue to farmed in an ecologically sustainable manner. Four areas containing significant inherent values are to be set aside as reserves or conservation areas. This includes two areas set aside for protection of an endangered species, the flathead galaxiid, one area set aside for historic purposes and one area set aside for recreation purposes.
An extensive area within the Dunstan Creek catchment, the headwaters of the Timburn and the headwaters of Coal Creek contain significant inherent values that have been maintained in conjunction with farming by a number of years. It is considered important that a measure of conservation management continue in conjunction with the farming operation and conservation covenants provide for this opportunity. With the exception of the four areas set aside for conservation or reserve purposes there is no requirement for the current constraints contained within a pastoral lease for the effective management of this land. It is therefore considered appropriate that this land be released from the constraints of the pastoral lease and made available on freehold title to the current holders. This disposal is subject to the covenants noted above and also to the provision of public access.
Public access was early identified as being the most significant area of public interest in this location. To this extent public vehicle access is provided a central point where carparking is made available and an extensive network of easements for foot and mountain bike access is provided for.
APPENDIX 1:
Designations plan.
Po053, 1 188, 92,1 93, 237, 365
TENURE REVIEW - LINDIS GROUP
General Legend to Designations Plans
Land to be Restored to full Crown ownership & Control GREEN
Short Spur Creek Cons Area CA 1
Coal Greek Conservation Area CA 2
Nine Mile Historic Reserve R 3
Geordie Hill Recreation Reserve R 4
[Note: this was optical character recognised from poor quality hard copy - there are likely to be errors]
CONSERVATION RESOURCES REPORT
FOR THE COMMISSIONER OF CROWN LANDS
SHIRLMAR, TIMBURN, GEORDIE HILLS,
MERIVALE, LONGACRE AND NINE MILE
PASTORAL LEASES
TABLE OF CONTENTS
PART 1: INTRODUCTION
PART 2: CONSERVATION RESOURCE DESCRIPTION AND ASSESSMENT OF SIGNIFICANCE
1. LANDSCAPE.
a. Lindis/ Tarras Hills Landscape Type
b. Dunstan Creek l Landscape Type
2. LANDFORMS AND GEOLOGY
2(a) Topography
2(b) Geology
2(c) Soils
2(d) Erosion
3 CLIMATE
4 VEGETATION
(a) Low lying flats adjacent to the Lindis River
(b) Series of east-west running ridges between the Lindis Valley flats and the western franks of the Chain Hills
(c) The mid reaches of Coal Creek Tim Burn and Pleasant Valley
(d) A series of flats and gentle fans at the western base of the Chain Hills
(e) The Chain Hills lie on the western side of these properties
(f) Small areas of flats and fans on the east side of Dunstan Creek on Shirlmar, Timburn and Longacre pastoral leases
(g)) Nine Mile
5 FAUNA
6. HISTORIC VALUES
Nine Mile
Geordie Hills
Longacre
Merivale
Shirlmar
7 EXISTING, LAND STATUS / STATUTORY MATTERS
7(a) Marginal strips
7(b) Roads
7(c)) Run plans and the Rabbit and Land Management Program
7(d) District Plan
7(e) Current Protection Status of Conservation/Historic Values
8 RECREATION/ACCESS
8(a) Access
8(b) Uses
9 MANAGEMENT CONSIDERATIONS
9(a) Wild Animals/Pests
9(b) Plant Pests
9(c) Fire
PART 3: CONSULTATION....
REFERENCES
PART 4: JUSTIFICATION AND RECOMMENDATIONS
I CONSERVANCY CONSERVATION MANAGEMENT STRATEGY
2 RECOMMENDATIONS
PART V: ATTACHMENTS
PART 1: INTRODUCTION
The lessees of adjoining Shirlmar, Geordie Hills, Longacre, Merivale, Timburn and Nine Mile pastoral leases have jointly applied to the Commissioner of Crown l ends for a review of their pastoral lease tenure. For this reason a conservation resources report has been compiled for the cumulative area of the properties rather than on an individual basis.
Nine Mile is located on the western side of State Highway 8 on the eastern flanks of Lindis Peak The remaining five properties are located on the eastern side of State Highway 8. Together the six pastoral leases incorporate an area of approximately 18,992 ha (Geordie Hills 2097 ha, Merivale 2667 ha, Shirlmar 3521 ha, Timburn 5131 ha Longacre 3341 ha Nine Mile 2235 ha). With the exception of Nine Mile, these properties occupy a large area between State Highway 8 and Dunstan Creek under the western flanks of the St Bathans Range. The Chain Hills (which link the Dunstan Mountains to the south, with the Dunstan Range to the North) bisect these properties, creating a considerable physical barrier between flats and relatively low hills in the west and the Dunstan Creek Valley floor in the east. The extent of the area and pastoral lease boundaries is depicted on Map I (appendix).
A small (8094 m2) freehold area is (site of the old Lindis Hotel) is farmed in conjunction with the Nine Mile pastoral lease.
The group of properties are situated in the Lindis Ecological District and form part of The Chain. Georges and Breast Land Systems. A Protected Natural Areas survey (PNA) of the Lindis, Pisa. and Dunstan Ecological Districts was carried out during the summer of 1984/5. A final report was published in November 1994. This report included no Recommended Areas for Protection (RAP's) on the six properties subject to this tenure review application. Criteria for protection under tenure review are different than those adopted under the PNA Programme. A variety of specialists from the Department of Conservation visited all properties in November 1996 as part of this tenure review exercise.
PART 2: CONSERVATION RESOURCE DESCRIPTION AND ASSESSMENT OF SIGNIFICANCE
1. LANDSCAPE
Two landscape character types have been identified within the land area covering all six properties. The first is referred to as the Lindis - Tarras Hills landscape type and the second Dunstan Creek landscape type .
Landscape character is the description of the identifying sum of all elements and expressions that make up the landscape. These include landform, waterform, vegetation, land use and cultural features. Following the character description a qualitative evaluation of each landscape type is given. This is a judgment about the quality of a landscape using a set of criteria.
The following five attributes were used in the evaluation.
The condition of the native vegetation and the degree of modification.
Coherence: How the landscape visually 'hangs together' - derives from characteristics including intactness, unity and compatibility. Intrusions. alterations, disruptions tend to distract from coherence.
Distinctiveness: The special characteristics and qualities that make it stand out ( or otherwise).
Visibility: Determines how easily and regularly a landscape is seen
Significance: Significance of the characteristics and features. If they are locally regionally or nationally significant.
LANDSCAPE CHARACTER DESCRIPTION
Landscape character is in summary form as a detailed description of landform and vegetation is provided elsewhere in this report.
a. Lindis / Tarras Hills Landscape Type
This type includes all the Lindis Peak flanks within the Nine Mile pastoral lease, and extends across approx. 90% of the remaining five properties to the top of the Chain Hills. Although there is variation within this large area in terms of landform type and vegetation cover, there is sufficient homogeneity to include it within one landscape type. The characteristics of this landscape type include:
Visual and Scenic Values
A dominant feature throughout this landscape type is the impressive and distinctive backdrop view of the St. Bathans Range which is never far from view.
The Lindis Peak flanks and the front country of Shirlmar, Merivale, Timburn, Geordie Hills and Longacre form part of the Tarras/Lindis Pass visual corridor. The view from The highway of cultivated flats dry barren middle distant hills and backdrop views of the St Bathans Range is visually impressive (especially when snow capped).
The degree of land degradation evident over some of this landscape type in the form of barren depleted hills and eroded watercourses detracts to some extent from landscape value .
A stone walled stock enclosure dating back to The early Morven Hills Station on The flats within Longacre pastoral lease is of historic and visual interest.
Lindis/Tarras Hills Evaluation
Range: High, Mod-high, Moderate, Mod-low, Low
Intactness Mod-low
Coherence Mod-low
Distinctiveness Moderate
Visibility Moderate
Significance Mod-low
b. Dunstan Creek Landscape Type
The eastern flanks of the Chain Hills and small areas of flats and fans on the east side of Dunstan Creek on Shirlmar, Timburn and Longacre pastoral leases fall within the Dunstan Creek Landscape Type. This highly distinctive landscape forms a neat topographic unit and geological transition from greywacke to schist. It represents a large scale remote back-country valley with impressive, varied and highly visible landforms clothed in continuous tussock from valley floor to high altitude. The valley floor is now depleted short tussock with a high Hieracium component.
Visually it still appears more or less as a homogeneous tussock grassland.
The eastern flanks of the Chain Hills forming part of this landscape type has been subject to A.O.S.T.D. and is more modified than other parts of the upper Dunstan Creek catchment. They are however an integral part of the valley system and landscape as a whole. The cultural overlay of pastoralism is an added dimension to 'landscape values' of Dunstan Creek
Tributary catchments of Dunstan Creek are visually impressive viewed from Chain Hills ridge toward the St Bathans Range. Tussock and matagouri remain the dominant cover.
Dunstan Creek landscape type Evaluation
Range: High, Mod-high, Moderate, Mod-low, Low
Intactness Mod-high
Coherence Mod-high
Distinctiveness High
Visibility Mod-low
Significance High
Photo 1. Dunstan Creek - an area of high landscape values [not reproduced here]
2. LANDFORMS AND GEOLOGY
2(a) Topography
Nine Mile pastoral lease lying on the western side of State Highway 8 occupies the northern, eastern and southern flanks of 1226 metre Lindis Peak. 80% of the property comprises moderately sloping hill faces. The balance comprises narrow steep sided rocky gorges and flat to rolling areas. Shirlmar, Geordie Hills, Merivale, Longacre and Timburn occupy an area between the Lindis River in the west and Dunstan Creek in the east. The topography of this area can be divided into six broad components:
(1) Low lying flats (largely cultivated and irrigated) adjacent to the Lindis River.
(2) A series of predominantly cast-west running ridges between the Lindis Valley flats and the western flanks of the Chain Hills. Small streams (many ephemeral) have incised numerous steep gorges into these ridges.
(3) The mid reaches of Coal Creek Tim Burn and Pleasant Valley are characterised by steep sided rocky gorges with a narrow section of flats on either side of these streams.
(4) A series of flats and gentle fans lie at the western base of the Chain Hills and at the head the gorges described in (3). These are separated by a line of saddles linking the headwaters of all the west flowing Lindis tributaries.
(5) The Chain Hills lie on the western side of these properties. This range the crest of which lies between 900 and 1247 metres a.s.l forms a link between the considerably higher Dunstan Mountains to the south and Dunstan Range to the north.
(6) Small areas of flats and fans on the east side of Dunstan Creek form the western periphery of Shirlmar, Timburn and Longacre.
2(b) Geology
The Chain Hills are "formed on a fault-bounded block of semi-schist separated from the schist to the west by a fault system following the line of saddles linking the headwaters of all the east flowing Lindis tributaries and separated from the Torlesse greywacke of the St Bathans Range in the east by a fault in Dunstan Creek at the ecological district boundary. The land form style is distinctive and matches the rock types in being intermediate between that of the Georges Land system to the west and the St Bathans district to the east. Smooth colluvial slopes and a moderate scale of dissection are characteristic. with minor localised slumping and minor talus (Ward et al 1994). Country lying between The Lindis River and the Chain Hills comprises a large part of the Georges land system which "is characterised by survival of a close approximation to the tertiary peneplain uplifted to form the warped plateau surface of Morven Hills and the parallel broad troughs and ridges to the south. Although the Lindis River and some of its larger tributaries are deeply entrenched into the warped peneplain much of the old erosion surface is dissected rather shallowly slumped surfaces arc less extensive than in Georges land system smooth slopes and ridges arc predominant with moderate areas of outcropping rock (Ward et al 1994).
Significance of Landform and Geology
Excluding Nine Mile the entire area running from west to east represents a transition from a schist substrate in the Georges land system to the Torlesse greywacke of the St Bathans Range. The underlying geology has resulted in characteristically smooth slopes over much of the area.
Geomorphology
Although the flora and soils in Dunstan Creek are somewhat modified the flood plain remains significant as it is unaltered by drainage or flood protection works. Fluvial processes in Dunstan Creek continue to function in a natural manner with flooding and infiltration supplying water and nutrients to springs and wet areas.
2(c) Soils
Brown-grey earths (Alexandra steepland Conroy Hill Ardgour terrace and Linnburn terrace soils) have formed in the driest zone where rainfall is generally less than 500mm per annum. Yellow-grey earths (Arrow steepland and Blackstone soils) occupy the lower mountain slopes grading into high country brown earths (Dunstan steepland Waenga Hill Bourke terrace and Alpine Steepland Soils) above 700-lOOO metres a.s.l. This sequence reflects increasing leaching and acidity with decreasing fertility.
A small area of bright white soils supporting little vegetation was observed on a toe slope immediately to the south of the lower reaches of Coal Creek (Grid Ref NZMS 260 G40 353 982). These soils are probably affiliated to Chapman soils which have developed on deeply weathered schist exposed after stripping of Tertiary sediments (McCraw J.D 1964). These soils are distinguished by their high salt content. No halophytic plants were noted inside the area. The site is similar to a registered site (SS 14CO MacIntosh et al 1990) near the lower Nine Mile Creek however this site appears to be a larger exposure.
Significance of Soils
The saline soil site adjacent to Coal Creek is of some scientific significance. While there are no halophytic flora or fauna on the site the soil type is relatively rare in the Lindis Ecological District with no protected examples.
Photo 2. Soils affiliated to Chapman Soils developed on deeply weathered schist. Timburn Pastoral Lease [not reproduced here]
2(d) Erosion
Sheet erosion, by wind deflation and water has left many soil profiles reduced to stony sub soils.
3 CLIMATE
Climate is typical of the intermontane basins of Central Otago. The area occupies a rain shadow between major mountain ranges to the north, west and east. Average rainfall in the Lindis river valley is in the order of 500mm per annum and exceeds 1000mm on the crest of the Chain Hills (where a significant proportion falls as snow over winter months). Rainfall is higher over summer months than the rest of the year, largely due to convective storms formed by high ground temperatures during settled weather patterns. Winds are predominantly from the westerly quarter. Soil water deficits are severe in summer at low altitude and on sunny mid altitude aspects.
Summers are warm and winters cold and frosty with periodic snow to the base of the property.
4 VEGETATION
The vegetation of this portion of the Lindis Ecological District is characterised by a very high degree of modification. Evidence suggests that the arrival of Polynesians approximately 800 years ago "brought an increased incidence of fire which greatly accelerated the rate of vegetation change" (McGlone M.S 1983) which probably resulted in a decrease in woody vegetation and led to a great increase in the cover of Chionochloa rigida (narrow leaved snow tussock) on all but the driest low altitude faces and drought prone alluvial terraces of the valley floors, where native grasses including Festuca novae-zelandiae (hard tussock), Poa cita (silver tussock) and native grasses and scattered or locally dense shrub species were probably the dominant vegetation at the time of European settlement in the 1860's (Ward et al (1994) The advent of pastoralism was accompanied by frequent burning of tussock grasslands, maintenance of high stock numbers and falling soil fertility Chionachloa rigida was largely eliminated. At lower altitudes depletion was greatly exacerbated by extreme rabbit numbers.
The vegetation pattern today reflects this history, although the introduction of controlled stocking, rabbit control, aerial oversowing, topdressing, irrigation and cultivation of flats has reduced the area of severely depleted lands. Only the highest parts of the Chain Hills and the deepest fire refugia support a flora which bears some resemblance to the era prior to pastoralism. Sunny, dry, low to mid altitude slopes whilst highly modified, support a rich diversity of native and introduced species.
A description of vegetation in each of the six topographic components described in section 2(a) is presented below. As Nine Mile is geographically separated from the other properties, a separate vegetation description is presented for this property.
(a) Low Iying flats adjacent to the Lindis River.
These low Iying areas predominantly comprise developed farmland much of which is cultivated and under irrigation. A substantial area on Merivale has been put into exotic forestry. Although the margins of the Lindis River and other tributaries from the east are heavily overgrown with willow trees, Olearia lineata shrubs also comprise a common component of riparian vegetation.
Significance of Vegetation
This area is highly modified and the vegetation is considered to be of little conservation significance.
Photo 3. Low Iying flats adjacent to Lindis River - Merivale and Longacre Pastoral Leases [not reproduced here]
(b) Series of east-west running ridges between the Lindis Valley flats and the western flanks of the Chain Hills.
The flora of this topographical component is characterised by a strong contrast between shady and sunny aspects and moderate terrain versus deep rocky gullies.
Rosa rubiginosa (sweet briar) forms an extensive cover on a range of aspects including sunny north faces on Geordie Hills. Many areas support a 30-50% ground cover of this species. Dense briar areas typically support a secondary cover of Discaria toumatou (matagouri), Olearia odorata and a wide variety of introduced and native grasses and herbs. Native species include Muehlenbeckia complexa and Oxalis exilis
In many areas on cool to neutral aspects at approximately 700 m a.s.l. briar cover gives way to a sward of introduced pasture species with scattered native short tussocks including Poa cita, Festuca novae-zelandiae and Poa colensoi (blue tussock). The occasional Melicytus alpinus (porcupine bush),), Oleria odorata Aciphylla aurea (golden Spaniard) and Cartruchaclia petriei (native broom) remain in these areas.
Depleted lands on sunny north and north west: facing aspects below 700 metres a.s.l support a relatively diverse native and introduced flora, despite reduced vegetation stature and bare ground exceeding 50% over large areas. Native species include Raoulia australis (scab weed), Raoulia apice nigra, Poa Maniototo Villadinia australis, Geranium sessiliflorum Rytidosperma pumila, Epilobium spp (willow herb) and Leucopogon fraserii (dwarf heath) and The native dryland fern Cheilanthes sieberi Poa cita tussocks are present but rare.
Numerous steep gullies feed into the west flowing Lindis tributaries. The native shrub component in these gullies, although generally not diverse and usually mixed with briar, is greatest in the shadiest deepest gullies which have afforded maximum protection from fire and have probably been less attractive to rabbits and sheep. Shrublands dominated by native species are generally very narrow (<30 metres) with an understory dominated by introduced herbs and grasses. Sunnier more open gullies tend to be heavily dominated by Rosa rubiginosa Native shrub species recorded in these refuges include, Coprosma propinqua, Melicytus alpinus, Olearia odorata, O. lineata, Carmichaelia petriei and Discaria toumatou. Shrubs are often clothed in Rubis schmidelioides (bush lawyer), Clematis marata and Muchlenbeclaa complexa. Native species persisting at ground level include Bulbinella angustifolia (Maori Onion) (very common throughout), Pteridium esculentum) (bracken), Festuca novae-zelandiae, Aciphylla aurea, Acaena caesiiglauca (bidibid), Ranunculus hirtus, Blechnum penna-marina. Ground cover is generally dominated by exotics. Polystichum vestitum (prickly shield fern) and Utica aspera (a native nettle which is relatively rare in Central Otago) were observed in a deep west facing sunny gorge on Geordie Hills pastoral lease. This gully is highlighted on Map 2 (appendix).
A number of widely dispersed Sophora microphylla trees (Kowhai) were observed, all growing close to 800m a.s.l. No seedlings or young trees were observed in this topographical unit.
Significance of Vegetation
Although steep gullies retain a significant native component, with the exception of one finding of Urtica aspera (Geordie Hills pastoral lease) which is known from only 6 other locations, species composition is similar to elsewhere in the ecological district and is generally highly modified. Remnant areas of shrubland are located in areas unlikely to be threatened by foreseeable land uses.
Photo Four. Marked contrast between sunny and dark aspects - Merivale/Longacre boundary [not reproduced here]
(c) The mid reaches of Coal Creek, Tim Burn and Pleasant Valley.
The mid reaches of Coal Creek, Tim Burn and Pleasant Valley are characterised by narrow (average 40 metre), flat valley floors bounded by gentle fans/colluvial slopes of similar width. These areas support a thick sward of introduced pasture species. Wet areas support Carex coriacea, Juncus articulatus and other common wetland species.
Scattered solitary large Olearia odorata trees/shrubs in an otherwise highly modified environment are a particular feature of this topographic unit.
Significance of Vegetation
The native component is low. Olearia odorata shrubs/trees appear to be persisting under current land management. Juvenile plants of this species are common.
Photo Five. Coal Creek Gorge - Timburn Pastoral Lease [not reproduced here]
(d) A series of flats and gentle fans at the western base of the Chain Hills.
These areas are generally highly modified having largely been converted into pasture. Discaria toumatou appears to have vigorously responded to frequent fertiliser applications and forms a significant cover. In general, the upper (eastern most) flats are well drained and support scattered Festuca novae-zelandiae and Poa cita tussocks with a thick inter-tussock cover of introduced pasture species. Over much of the lower flats, drainage appears to be impeded by silt horizons in the soil profile.
Most wet areas are vegetated with a mix of exotic pasture, Carex coriacea, Rununculus gracilipes and Bulbinella angustifolia and are heavily modified by stock. A small heavily modified remnant population of Chionochloa rubra ssp cuprea (copper tussock) is present on Shirlmar pastoral lease in the headwaters of Pleasant Valley. This remnant comprises approximately 20 plants within an estimated area of lOOOm2. Although most inter-tussock species comprise introduced grasses and herbs, native Carex coriacea, C. petriei, and Bulbinella angustifolia are also common.
Significance of Vegetation
A larger area of Chionochloa rubra ssp cuprea is present on nearby RAP Lindis A3 on the Chain Hills. This RAP is not on the Lindis group of properties and is not protected. Smaller areas of copper tussock are recorded in the ecological district in Lindis RAPs A2, A3 and B5 (all outside this group of properties and not protected). It is of note that this species has become depleted on dry soils in the east of the South Island. Whilst surviving on damp sites such as in the headwaters of Pleasant Valley, the species succumbs readily when grazing follows fire (Wardle 1991).
Photo Six. Copper Tussock (Chionochloa rubra ssp cuprea) - Shirlmar Pastoral Lease [not reproduced here]
(e) The Chain Hills lie on the western side of these properties.
On the western flanks of the Chain Hills between 800 m a.s.l and the crest of the Chain Hills (approximately 1000 m.a.s.l) despite regular AOSTD, Chionochloa rigida is a common component of the flora (lower on cool aspects and higher on warm aspects). Other native species persisting include Pimelea oreophila, Aciphylla aurea, Corallospartium crassicaule (coral broom) Acaena caesaglauca, Poa colensoi, Luzala rufa (woodrush), Festuca novae-zelandiae, Bulbinella angustifolia, Hydrocotyle nova-zelandiae, Viola cunninghamii, Anisotome flexuosa, Helichrysum filicaulae, Leucopogon fraseri, Cotula spp and Oreomyris colensoi. The native component, which rarely exceeds an estimated 35% ground cover, tends to be highest on slopes with a cool southerly aspect. One large Cassinia leptophylla (tauhinu) was noted.
The exposed crest of the Chain Hills, although highly modified, supports scattered Poa lindsayi and Carex breviculmis plants on otherwise bare areas. Pimelea traversii and Gnaphalium spp persist on rock outcrops.
Many gullies support a strip of woody riparian shrubland often mixed with Chionochloa rigida. Shrublands contain a higher native component than in topographic. component two. In most such areas Olearia odorata is the dominant species. It is of note that this species is often vigorously regenerating on shrubland margins. Other species present are Discaria toumatou, Coprosma propinqua and Carmichaelia petriei. At the base of some gullies Discaria toumatou is the dominant species with some specimens exceeding 4 metres in height. Ground cover in these areas is heavily dominated by exotic species.
Two shrublands are of particular note.
1. The upper Tim Burn (left branch) on Shirlmar pastoral lease supports one of the largest (up to 150 metres wide and in excess of 800 metres long) most intact areas of Olearia odorata shrubland to be found on the six properties. The vegetation composition is similar to other gullies; however unlike many other shrublands it merges into a relatively intact C. rigida grassland in its upper reaches.
2. The second shrubland of note is located on Longacre pastoral lease on the western side of the Chain Hills. This area also a reasonably extensive area of Olearia odorata dominated shrublands. However its distinctive feature is that on its southern margin (warm northerly aspect) at least five mature Sophora microphylla (kowhai) trees (up to 40 cm diameter at breast height) and numerous juvenile and shrub sized specimens are present. Elsewhere this species tends to comprise solitary trees with no visible regeneration. It is possible that surrounding shrublands have protected seedlings from grazing by domestic stock.
Two areas at the northern and southern ends of the Chain Hills rise considerably higher than the main ridge crest The western flanks of Mount Misery (1447m), and the south facing basin under the highest point on Shirlmar (which adjoins Morven Hills pastoral lease to the north), troth support intact Chionochloa macra grasslands of moderate to good stature above 1200 m..a.s.l. C. macra ground cover exceeds 35% over much of these areas. Native species dominate intertussock cover. Native species recorded include Gaultheria depressa (snowberry) Poa colensoi, Festuca now zealandiae, Luzula migrata, Anisotome aromatica Wahlenbergia albomarginata, Pimelea oreophila, Helichrysum filicaulae, Epilohium spp, Ourisia caespitosa (not recorded in Lindis ecological district during PNA survey), Kelleria die,ffenbachii, Raoulia subsericea Aciphyl/a aurea, A. monroi, Cotula imbricata Brachyglottis haastii, Scleranthus uniflorus, Carmichaelia monroi Leucopogon colensoi, (Geranium sessiliflorum Brac-hyscome longiscapa and Pratia angulata. 'The exotic component is generally low above 1200m a.s.l. Hierucium pilosella cover is generally less than 5%.
The northernmost of the two high altitude areas (south facing basins) is of particular interest as it is the only area on the group of properties where Olearia shrublands are linked lo Chionochloa grasslands by vegetation with a high natural component Below 1200 m.a.s.l C. macra tussocks give way lo C. rigida. Exotic pasture species form a significant component of the flora in the lower reaches of this south facing basin although C. rigida Poa colensoi and Festuca novae-zelandiae tussocks are common.
The eastern flanks of the Chain Hills are incised by a series of small sub-catchments of Dunstan Creek. Virtually the entire faces are subject lo regular lop dressing. Fire has not been employed as a farm management fool in recent times. Although there is a trend for vegetation lo become increasingly modified from north lo south (down Dunstan Creek) the dominant influence on vegetation is aspect. South lo south east facing (north side of sub-catchments) support a relatively intact cover of C. rigida which often exceeds 60% (usually on mid slopes of sub-catchments). North and east facing (north side of sub-catchments and truncated spurs leading into Dunstan creek) have been subject lo a "real deal of disturbance resulting in a highly modified flora. Common native species remaining are Poa cila, Festuca novae-zelandiae, Coprosma propinqua and Discaria toumatou; the latter of which has probably vigorously spread as a response to aerial topdressing.
Several of the Dunstan Creek sub catchments contain heavily modified wetlands.
Significance of Vegetation
The flora over much of this topographic unit is heavily modified However two areas of intact C. macra grasslands are of conservation significance. This tussock species which probably once formed a continuous belt between alpine herbfields and alpine cushionfields throughout Otago is now mostly confined lo snowy south aspects and its cover is often depleted and disjunct. The area al the northern end of the Chain Hills (Shirlmar pastoral lease) is of particular significance as it is linked lo an area of relatively natural vegetation. Olearia shrublands al valley floor level merge with a relatively modified grassland with a short tussock component on lower slopes C. rigida grasslands on mid slopes and C. Macra on upper slopes. Olearia shrubland remnants are probably indicative of shrublands that were widespread prior to Polynesian fires and early pastoral activity.
C. rigida grasslands on shady aspects in Dunstan Creek (Shirlmar, Longacre and Timburn pastoral leases) are of conservation significance due lo their relative intactness and predominance of native inter- tussock species.
The Sophora microphylla/Olearia odorata shrubland on Longacre pastoral lease is of significance as it is one of the largest areas of both species on the six properties. The presence of juveniles of both species is also important. Sophora microphylla seedlings and saplings were not observed elsewhere where mature specimens are present.
Photo Seven. Intact slim snow tussock (Chionochloa macra) grasslands - Timburn Pastoral Lease [not reproduced here]
Photo Eight. Eastern flanks of Chain Hills - note highly modified sunny faces and relatively intact narrow leaved snow tussock (Chionochloa rigida) on shady aspects [not reproduced here]
(f) Small areas of flats and fans on the east side of Dunstan Creek on Shirlmar, Timburn and Longacre pastoral leases.
The small areas of well drained flats and alluvial fans on the Dunstan Creek Valley floor which are within the Lindis pastoral leases, support a depleted short tussock cover (Festuca novae zelandiae). Hieracium pilosella forms a significant cover in conjunction with exotic grasses. Common native species include Discaria toumatou, Leucopogon fraseri and Pimelea oreophila. Old river channels, some of which are fed with water from the current Dunstan Creek channel, comprise small wetlands.
Significance of Vegetation
This vegetation component is highly modified and is widespread on valley floors throughout Central Otago. It is considered that the short tussock component is likely to be on the decline, a feature which has been observed elsewhere in the high country irrespective of land management.
(g) Nine Mile.
Nine Mile retains minimal natural values. Virtually the entire property has been oversown or cultivated at some stage. Below 1000 metres much of the property supports a thick sward of oversown species. Flats and rolling country adjacent to Phillips Road and opposite Goodger Road have been cultivated Large areas of briar on gentle to moderate hill slopes have been root raked.
Two small patches of Kunzea ericoides shrubland remain on rocky areas with little top soil. These areas represent the only kanuka observed on the six pastoral leases. Other native species growing amongst the kanuka include matagouri, bracken, Herpolirion novae-zelandiae (grass lily), and the fern Asplenium richardii. The largest of the two kanuka areas at 760 m.a.s.l on the true right of Eight Mile Creek covers approximately 2 ha.
Components of native vegetation remain on rock outcrops and gully areas throughout the property. Between 900 m.a s.l and the summit of Lindis peak at 1226 m.a.s.l, the native component of the flora generally increases, as does the cover of Hieracium lepidulum (tussock hawkweed). Native species persisting in grasslands include Festuca novae-zelandiae, Carmichaelia petriri and the occasional Corallopspartium crassicaule (coral broom). The apparent absence of Chionochloa rigida on the property is of note.
Rocky outcrops (refugia) on the upper reaches of the property support a range of native species, including a greater component of species associated with wetter western Otago. The presence of Helichrysum intermedium is of interest. Other native species present in these refuges include Coprosma propinqua, Hebe buchananii, Pimelea traversii, Melicytus alpinus, Raoulia australis, Asplenium richardii, Aspleniurm flabellifolium, Celmisia gracilenta, Brachyglottis bellidioides, Poa colensoi, Luzula rufa, Anisotome flexuosa, Leucopogon fraserii, Scleranthus uniflorus and Celmisia prorepens.
Significance of Vegetation
Nine Mile pastoral lease is one of the most developed pastoral leases in Otago. Rocky refugia which support a remnant native flora are not threatened by any foreseeable land management activity. Species present in these refugia are well represented within the conservation estate.
Small kanuka shrubland remnants are of some significance, as this vegetation type is the clir vegetation of the area following early Polynesian fires (Wardle 1991). However much larger areas are present in nearby locations outside of this group of properties.
Photo 9. Kanuka remnant - Nine Mile Pastoral Lease [not reproduced here]
Photo Ten. Helichrysum intermedium on rocky outcrop - Nine Mile Pastoral Lease [not reproduced here]
5 FAUNA
Invertebrate values
The Lindis Pass region between Dunstan Creek (east) and the 1,indis River (west) has several key ecosystems for Otago conservancy invertebrates.
Dunstan Creek and tributary streams
The Dunstan Creek flats are an important system for insects inhabiting open damp herbfield and stony areas (e.g. the moth Asuphodes prasinius). The butterfly fauna and many moths require open stony areas to bask and tor this reason are common and diverse in this habitat. The broad unshaded reaches of Dunstan Creek bear similarities to Canterbury Rivers and may well support southern representatives of Canterbury aquatic insects. The tributaries of Dunstan Creek that lead in from the Chain Hills contain a small stream fauna representative of Otago including some upland elements (e.g. the stoner Zealandobius rnacburneyi).
Alpine fauna
The alpine fauna above 1100 m on the Chain Hills has some interesting elements including large earthworms (Octochaetus species) which inhabit tussocklands/herbfields. These worms have disappeared from parts of Otago. Notoreas paradelpha is an active day flying moth whose plant host, Pimelea oreophila is common amongst snow tussock in this zone. The ground predator beetle Metaglymma tibiale (a burrower in periodically dry areas in Otago) is restricted to mountain tops in this area.
Low hills to the west of Chain Hills Shrublands
Further to the west, shrublands dominated by Discaria tou~natou, Rosa rubiginosa and Olearia odorata are rich in insects and spiders. O. odorata and O. Iineata support a particularly rich invertebrate fauna including crab spiders (Thomisidae, Diaea species), leaf beetles (Chrysomelidae), hoverflies (Syrphidae) and caterpillars of various moths including Pseudocoremia cineracia (a rarely found species). These bright green shrubs are also attractive to aquatic insect adults dispersing and mating.
Dry grasslands
Despite a high level of modification, dry faces are vegetated by short grasslands and herbfields which retain elements of their pre disturbance insect fauna including support stiletto flies, day flying moths, tiger beetles and grasshoppers. These are all insects which bask. Some moth species which are obligatory feeders on Raoulia. Kelleria, Pimelea and Vittadinia plants are also present.
Kanaka shrubland with associated short grassland/herbfield on Nine Mile
Juvenile stick insects were found amongst Rubus schmidelioides (lawyer vines) on kanuka. Other kanuka insects were not noted. However, short herbfield surrounding the shrubland is good habitat for the colourful low alpine moths Arctesthes catapyrrha and Paranotoreas brephosata and the Stiletto fly Anabarhynchus limbatinervis.
Significance of Invertebrate Fauna
Diversity in the native invertebrate fauna appears to be closely linked to botanical values. Remnant areas of native vegetation, at high altitude and in gullies which have served as fire refuges, retain important components of an insect fauna (including aquatic insects) which would have once been widespread throughout the Lindis Ecological District.
Avi Fauna: Paradise ducks, New Zealand falcons, Californian quail, redpole, grey warblers, Chukar, black shag rookery.
Significance of Avi-fauna
The New Zealand falcon is a category B threatened species and as such is an important record.
Aquatic fauna
Five freshwater fish species were recorded from the area, comprising two native species, the upland bully (Gobiomorphus breviceps) and the flathead galaxies (Galaxias depressiceps) and three introduced species, brown trout (.Salmo trulta), rainbow trout (Oncorhynchus mylciss) and brook char (Salvelinus fontinalis). The most widespread species is brown trout which occurs in Long Spur Creek, Tim Burn and its tributaries, Coal Creek, Cluden Stream and Dunstan Creek and its tributaries. The other four species are either rare or arc of restricted distribution. The flathead galaxies only occurs in areas where introduced salmonids arc absent. These areas comprise the upper reaches of Short Spur Creek, one Tim Burn tributary, Coal Creek and one Coal Creek tributary (.see map 2 for location). Flathead distribution is depicted on Map 2. The upland bully is found throughout the Tim Burn with highest densities occurring in the salmonid free areas. Brook char are restricted to Dunstan Creek and its tributaries, where its range is determined by the extent of permanent water. Rainbow trout occur in both Dunstan Creek and Cluden Stream hut are rare.
Significance of Aquatic Fauna
From an aquatic fauna perspective the streams containing the flathead galaxies have the highest conservation values on the properties, especially the Tim Burn tributary (Shirlmar and Merivale pastoral leases) containing upland bullies with the flatheads. The galaxiids in this stream are not numerous but are in good condition while the upland bullies are amongst the largest recorded for the species anywhere. Flathead galaxies is restricted to Otago and Southland and is the only nonmigratory galaxiid known from the upper Clutha catchment, its range in this region is very much reduced from its estimated pre-European distribution. Only six remnant populations are known from the upper Clutha, although more are likely to exist in the Lindis catchment. The status of such populations (if any) is unknown. Upper Clutha flathead galaxies populations appear to be morphologically distinct from other flathead populations and as such, protection of these populations is important to maintain the full range of diversity within the species.
6. HISTORIC VALUES
Nine Mile
Introduction: A field inspection of historic sites on all leases was carried out on the 12th and 13th of November 1996. The area has been the subject of two previous site surveys; in 1977 by M Newman and P Croad of the Ministry of Works, and in 1984 by C Jacomb and S Easdale of the Department of Lands and Survey. The current survey primarily consisted of field checking the previously recorded sites although at least one new site was recorded.
Maori sites: No Maori sites are known to exist on the Nine Mile lease. Despite this lack of recorded sites, there is no doubt that the Lindis region was of significance to Maori. The Lindis Pass was an important route between the Waitaki and Clutha valleys. The usual route seems to have been up Longslip Creek from the Ahuriri, down the Pass Burn to the Lindis River and then over Mount Grandview to Lake Hawea. This is the route given in Stevenson (1947:49) and that which was taken by the surveyor Thompson in 1857 when following directions given by Reko of Tutarau (Duff 1978:ppl9-20).
European History: The first pakeha to reach the upper Clutha region was Nathanial Chalmers who entered the area in 1853. He was accompanied by two Maori; Reko and Kaikoura. After reaching Lake Hawea via the Mataura, Nevis and Kawarau valleys Chalmers, who was suffering from acute diarrhoea, was rafted down the Clutha River on a flax mokihi (ibid:ppl8-19). The first pakeha to enter the Lindis Valley was the Provincial Surveyor John Turnbull Thomson who came via the Waitaki valley in 1857 following directions given by Reko. After reaching Lake Hawea via the Grandview route he returned to the Waitaki valley by the Lindis valley naming various creeks and streams including the Lindis, Tarras, Cluden and Timburn (ibid:ppl9-20).
The following year John McLean, a Scotsman who had originally settled in Australia, guided by Huruhuru from the Waitaki, crossed the Lindis Pass searching for grazing land. Ultimately four grazing licences were leased to McLean, his two brothers and his sister (runs 235, 236, 237, 238) These became the Morven Hills Station of 352000 acres. It stretched from the Cromwell Gorge to the Lindis Pass and from Lake Hawea to the Dunstan Mountains and Dunstan Creek.
In 1874 the McLeans sold Morven Hills to Colonel Whitmore for £128000 (by this stage there were 140000 sheep on the property). Whitmore then on sold the run within a few weeks to the owner of Lauder Station. The following year it was sold to F. G. Dalgety of London who built a business empire around sheep stations in Australia and New Zealand. In 1910 Morven Hills was broken up for closer settlement and 25 runs were balloted for. Run 236 1 (Nine Mile) was successfully balloted for by Joe Miller (ibid:pp34 48-52).
In 1861 the Lindis River was the scene of the first gold rush in Otago. Thomson had found traces of gold in the Lindis during his survey (AIHR 1863 D6:3) but this discovery along with several others that were made during the 1850s were largely ignored by the population and Provincial Council of Otago. However in March 1861 the gold of the Lindis was rediscovered. The Provincial Council had undertaken to improve the access to Morven Hills and employed a gang of road makers. Among them was Samuel McIntyre who had experience in the California gold fields. McIntyre believed the area was auriferous because of its similarity to the gold bearing regions of California (Otago Witness 4/5/1861:5). The gold obtained was flaky but some nuggets were found up to the size of a bean. Research indicates that this find was at the northern end of Goodger's Flat near the old road bridge (Jacomb & Easdale 1984:3).
News of the discovery was published in the Lyttelton Times (John McLean was visiting his sister in Christchurch and released the story). News of the diggings appeared in the Otago Witness newspaper on April 20th. By then there were an estimated 300 miners present, with the main access being up the Waitaki valley and over the pass. the diggings were said to be located in the first gorge of the Lindis. Some parties seem to have been doing reasonably well; Docherty and Falconer said they were getting an ounce a day each (Otago Witness 2()/4/1861:5). One party of miners, the Pioneer Company, had commenced work turning the river out of its channel to expose the river bed.
By the 27th of April a store had opened and two more were expected to open soon (Otago Witness 25/5/1861:S). By the 23rd of May the population was approximately 300 and the general opinion was that the prospects for the field were good. Some miners were reportedly clearing 30 shillings a day. The reporter also noted that many came and left barely having put a pick in the ground (Otago Witness 8/6/1861 :5). Ironically the notification of Gabriel Read's discovery of the Tuapeka appeared in the paper in the same column as this report.
A brief report in July noted that the Lindis was deserted (Otago Witness 20/7/1861:5). The Lindis rush ultimately failed because of the remoteness of the area at the time of the find and the resulting high cost of supplies and the comparative richness of the new field where some parties were getting several ounces a day (compared to the Lindis where it seems that half to one ounce a day was considered good).
Yet the Lindis was never abandoned completely as a gold field. In December 1861 the population was only one; the storekeeper. Six weeks later there were in addition to the storekeeper four miners who had returned to the workings; McMasters Davies Docherty and Watson (Duff 1978:69-70). Throughout the 1860s there were reports of new finds in the Lindis and its tributaries but none resulted in sustained mining. During the 1890s Chinese miners worked the area of the original rush and a few European miners were also active in the area. For a brief period a small dredge worked the river along Goodger's Flat in 1901 but the returns were disappointing and the dredge was closed down in November and dismantled. During the depression years of the 1930s there was a renewed interest in the gold of the Lindis. Attracted by a subsidy paid by the government up to 30 unemployed workers lived in a tent camp on the terrace opposite the mouth of Camp Creek. In return for 30 shillings a week the miners were allowed to keep a proportion of any gold found the rest going to the government. This subsidised scheme was ended in 1930s. The last miner to work in this area was Wattie Thompson who lived in a concrete hut near the old (Faithfulls) bridge over the Lindis and worked in the Camp Creek area for several years after World War Two before moving to Bendigo creek and then Luggate (ibid. :94-95).
Recorded sites: As mentioned in the introduction an attempt was made to visit all previously recorded sites. Not all were located but other sites were found that had not been previously described. However this report should not be seen as an exhaustive survey of the area. the site numbers given are the New Zealand Archaeological Association site recording scheme numbers. Grid references are to the 1:50000 map sheet (I40.
G40/51 (310 994) (Gold workings. .Site marked as #1 on appended Map A: Situated on the true right hank of the Nine Mile Creek. The site consists of two hut sites and associated gold workings. All that remains of the huts are the stacked schist fireplaces. There is a small water race two small ground sluiced areas and a trench along the creek in the vicinity of the hut site.
Tent/hut site (335 013). Site marked as #2 on appended Map 2A - previously unrecorded: Partially excavated into the base of a terrace riser. An area approximately 3m x 5m is enclosed on three sides by a low earth wall. A few stones visible in one corner may be the remains of a fire place. In another corner is a probable door way.
G40/53 Hut sites (332 030). Site marked as #3 on appended Map 2A: Located in a small gully immediately west of the Goodger Flat access road. The site consists of two stacked stone fireplaces/chimneys on small terraces partially excavated into the side of the hill
G40/22 Gold workings (328 046) Site marked as #4 on appended Map 2A: Located in a paddock at the southern end of Goodger's Flat between the road and the river. The site consists of a seasonal water course that has been revested in places. Irregular piles of vegetated tailings are present on either side. The site occupies an area about 80m long by 20m wide. The surrounding area has been ploughed.
G40/19 Stone Cottage (320 OSS) Site marked as #5 on appended Map 2A: A stone building of split schist and mud mortar construction. The building is by with massive willow trees. The rear wall has been broken down by a falling tree hut the rest of the walls stand to their original height.
However the building is on the verge of collapse and is endangered by the surrounding willows.
G40/18 Lindis Pass Hotel (323 061) Site marked as #6 on appended: The Lindis Pass Hotel is an extensive stone ruin lying between the road and the river at the northern end of Goodger's Flat.
The building is still largely intact with the walls and gables rising to there full height (2m and 3..5m respectively). But several walls have developed leans and most of the wooden window lintels arc broken or rotten and the building must inevitably begin to collapse. There arc two out buildings; a small shed immediately adjacent to the hotel and a garage or stable a short distance away. the stable still has a corrugated iron roof and has a partial frame of wood.
According to Duff (1978:96-97) the hotel had its origins in a store set up during the first rush. By 1873 a permanent building had been set on the site. The building was gradually added to over the years before ending its days as a residence for an employee of the local rabbit hoard in 1951. For a more detailed history of the building see Duff (1978) and Jacomb and Easdale (1984).
There arc several other features on the same terrace as the hotel including a drain, possible tent sites and small excavations into the bank. It should he noted that a triangle of land around the hotel and extending up the river is not part of the pastoral lease.
Photo Eleven. Lindis Hotel ruins - freehold land adjacent to Nine Mile Pastoral Lease [not reproduced here]
G40/14 Gold workings (320 065) Site marked as #7 on appended Map 2A: These workings are on the true right bank of the Lindis, immediately upstream of the old road bridge. They consist of piles of tailings from ground sluicings and two drives (tunnels) into the hillside. The tailings piles get progressively larger towards the northern end of the workings. High river levels have eroded parts of the tailings. These workings were supplied with water by a race coming out of Camp Creek; little trace of which now remains.
This is one of few mining sites in the Lindis area which can be given a relatively firm date. The race and workings are present on a map held by the National Archives dating to 1873.
At the southern end of the workings is Wattie Thompson's concrete hut. When the area v surveyed in 1984 by Jacomb and Easdale there were additional workings visible in the bed of the river. These consisted of three diversion channels where the flow of the river had been diverted into one half of the bed allowing the other half to be worked. Since then flooding has destroyed or obscured two of these and only the one below the old bridge is now plainly visible. The old bridge has also been largely destroyed by flooding.
(G40/15 Gold workings (313 065) Site marked as ~#8 on appended Map 2A: These are located on the true right of the Lindis at the junction with Camp Creek. The site consists of several ground sluicings on a terrace extending for about 80m up the true left of Camp Creek. The sluice pits vary in size from 10m by 8m in area up to 20m by 25m, with a maximum depth of about 6m (although most are much shallower). They were supplied with water by a race (or races?) from Camp Creek. A little downstream of the junction, on the true right of the Lindis, is a 20m long section of revesting where slabs of stone have been stacked vertically to reinforce the river bank.
This was probably done when the bed of the river was being worked and may predate the workings described above.
These workings are largely the result of depression mining during the 1930s. A camp was set up on the point of land opposite the sluicings (now largely destroyed by roading activities).
According to Duff, Wattie Thompson also worked in Camp Creek (Duff 1978:95) as did other European miners during the 1890s but a photograph of the 1930s miner's camp clearly shows the area being worked with several tents set up on the site.
Most of the sites recorded during the survey are associated with gold mining. However it is difficult to determine whether they are associated with the original rush of 1861 or subsequent years. The earliest workings which can be reliably dated are those upstream of the old road bridge which predate 1872 - 73. The Camp Creek workings are known to date primarily from the 1930s. Most of the other sites are almost certainly of late 19th century origins Therefore all the recorded sites, with the exception of the Camp Creek workings, are protected under the 1993 Historic Places Act which gives automatic protection to all sites predating 1900.
Geordie Hills
Introduction: The area has been the subject of two previous site surveys; in 1977 by M Newman and P Croad of the Ministry of Works, and in 1984 by C Jacomb and S Easdale of the Department of Lands and Survey (Jacomb & Easdale 1984). The current survey primarily consisted of field checking the previously recorded sites although at least one new site was recorded.
Historical Background: For a brief historical background to the general area of Geordie Hills refer to the preceding section on Nine Mile Pastoral lease.
The western end of Georges Flat, along the Lindis river, was part of the area rushed in April 1861 when news of the discovery of gold by a road building party became widely known.
Recorded Sites: Two sites on Geordie Hills have been recorded in the New Zealand Archaeological Association site recording scheme: G40/10 House site. and G40/20 Chinese Graves. Of these, only the house site was relocated during this survey. The graves were originally recorded on the basis of hearsay evidence only but are supposedly located in the vicinity of the confluence of Long Spur creek and the Lindis river.
G40/10 (GR 345 068) House site: This site is on the true left of Long Spur creek (see appended Map 2A). According to the site record form this was a 3 acre house site and probably originally a Morven Hills shepherds cottage. In 1977 all that remained were 2 plum trees and an oven. Only the plum trees could be located during the current survey.
During the 1984 survey by Easdale and Jacomb an extensive area of tailings was recorded on a low terrace on the true left of the Lindis river upstream from its confluence with Long Spur creek (grid ref. 325 060). This was described as being "hummocky with excavation holes and tailings heaps. Many channels and some stone work can be found within the tailings...- (Jacomb and Easdale 1984: 4). During the current survey little evidence of this site could be located as much of the terrace has been heavily modified by flood damage. the edge of the terrace has been sluiced and a series of small poorly defined tail races feed in to a main tail race. At the northern cod of these workings is a possible tent site which has been partially excavated into the ground.
One previously unrecorded site was located during the survey. This site is marked as G40/211 on appended Map 2A. This was an area of sluicing on the true left bank of the Lindis river about a kilometre north of Elliotts bridge on the main road (grid ref: 336 018). The sluicings are about 80m long and up to 20m wide and are fed by a small race from a tributary creek.
Three sites were visited during the survey. Little remains of the old house site up Long Spur creek but the two mining sites are clearly visible. The house site is assumed to have been associated with Morven Hills station and the mining sites are almost certainly of 19th century origins. Therefore all three sites are protected under the 1993 Historic Places Act.
Longacre
Introduction: As the area had been previously surveyed in 1977 by Newman and Croad of the Ministry of Works the current survey consisted primarily of a field check of previously recorded sites.
Historical Background: For a brief historical background to the general area of Longacre refer the previous on Nine Mile Pastoral lease.
Recorded sites: Three sites were recorded during the 1977 survey: G40/54 - stone stock yards, G40/55 - house site and G40/70 - stone hut. Of these, the stock yards and the stone hut were relocated. The house site was not found; the 1977 recorders were also unable to locate the site and had recorded it on the basis of information provided by Mr. Davis, the lessee.
G40/54 - Map 2A (GR 368 012) Stone stock yards: These yards are approximately 42m by 39m in area and are between 1 and 1.5m high. The walls are of double dyke construction (two stone walls with a rubble core) with a row of cap stones stacked on edge. The walls are reasonable condition hut have collapsed in several places. On the northern and eastern sides of the yards are the retrains of a second enclosure (approximately 75m long on each side).
G40/70- Map 2A (GR 371 016) Stone hut: This site consists of the remains of a two roomed stone hut. This is probably a Morven Hills musterer's or boundary rider's hut. Overall dimensions are approximately 8m by 4m. The most notable feature of the hut is the chimney which is of round construction. It still stands to its original height of about 4m but is on the edge of total collapse. Duff in his history of the Tarras area and Morven Hills Station notes that a hut with a hexagonal chimney formerly existed at Dip Creek, a tributary of the Pass Burn (Duff 1978:26). This account of an octagonal chimney and the round chimney of the above hut suggest that they may have been built by the same mason.
Both the stone yards and the stone hut were probably part of the original Morven Hills run. There is little doubt that they predate 1900 and are therefore protected by the 1993 Historic Places Act.
Merivale
Introduction: As the area had been previously surveyed in 1977 by Newman and Croad of the Ministry of Works the current survey consisted primarily of a field check of previously recorded sites.
Historical Background: For a brief historical background to the general area of Merivale refer to the previous section on Nine Mile Pastoral lease.
Recorded Sites: One previously recorded site was visited:
G40/69 (GR 394 038) Stone hut site. This is located on the true left of the left branch of the Tim Burn. The hut is approximately 4m by 3m in area and has been built against a large schist boulder which provides the western wall. There is no obvious fireplace but there is a stone bench in one corner at the western end. The original structure of the hut is difficult to work out as the walls had been pushed over to form a pile of rubble in the centre. The lessee has dug out the rubble and restacked the walls.
Associated with this hut are 2 small stone structures. One is free standing and the other is built against another schist boulder. There is no known history for this hut site; the site record form indicates that it was already derelict in 1908.
The recorded hut site is of unknown age but almost certainly predates 1900 and is therefore protected by the 1993 Historic Places Act. The site is a typical example of a site type that is numerous in Central Otago. In addition it is no longer in original condition, having been largely rebuilt, and has no known history (see appended Map 2A).
Shirlmar
The only historic site recorded on Shirlmar is an open cast lignite coal pit. The deposit was discovered in 1899 and was worked in 1900 by dredge operators as a possible source of fuel for a dredge on the Lindis but was abandoned. Worked intermittently but not commercially until after World War 11 at which time a bulldozer was utilised (pers. comm. Mr G.Duff).
Significance of Historic Sites
7 EXISTING LAND STATUS/ STATUTORY MATTERS
Current land status is depicted on Maps 1 and 1A (appendix).
7(a) Marginal strips
The eastern bank of the Lindis River is bordered by a discontinuous strip of Crown land, marginal strip, legal road and DOC stewardship land. In many places SH 8 bounds the Lindis river and provides adequate public access. However at the northern end of Geordie Hills pastoral lease the river is separated from SH8 for over 2km by flats on the western side of the road.
The lower reaches of the Tim Burn (Merivale and Longacre) are subject to a marginal strip.
Marginal strips may also be required in Camp Creek and Long Spur Creek (lower reaches). All streams will be assessed for marginal strip requirements at time of survey.
7(b) Roads
The area occupied by the group of properties is characterised by a network of legal roads (both formed and unformed). Some of these roads lie on practical access routes, others fulfil no foreseeable purpose. A summary of the situation follows:
Formed Legal Roads: State Highway 8 runs adjacent to the Lindis River and appears to be located on a legal road line. Goodger Road appears to correspond to the legal road line up the Short Spur Creek Valley from the Lindis Valley through Shirlmar, past the homestead and then runs southwards over three low saddles through Merivale as far as a set of yards and a hut at the head the right branch of the Tim Burn. At this point the legal road deviates significantly from the formed road (through Longacre and Timburn pastoral leases) for significant .sections. The legal road line proceeds to the Richmond Valley, beyond to Dunstan Pass and down into Dunstan Creek (not the most practical route to the area). From the Richmond Valley, another unformed legal road proceeds into Cluden pastoral lease and onto the southern end of the Chain Hills at the base of the North Dunstan Mountains.
Other legal formed roads are: the Timburn road, a loop road from State Highway which accesses Merivale, Longacre and Timburn homesteads; the old State Highway 8 route on the western side of the Lindis River (Nine Mile pastoral Lease) past the old Lindis Hotel and historic mining sites. The Lindis River bridge at the northern end of this section of road has recently been removed. A farm track running westwards through Nine Mile pastoral lease to the boundary and beyond is closely aligned to a legal road, this track links with farm tracks on other properties (not legal roads) which provide access possibilities to Lake Hawea. The transmission pylon track which heads north into Morven Hills off Goodger road from near Poulsons Hut lies close to a legal road line on the Shirlmar-Morven Hills boundary. A farm track along the crest of McPhies ridge (Timburn pastoral lease) coincides with a legal road for approximately 5km but is not connected by practical legal access at either end.
Several other unformed legal roads bear no relation to formed tracks (refer Map 1).
7(c) Runplans and the Rabbit and Land Management Program
Longacre, Merivale, Timburn, Geordie Hills and Nine mile were part of the government sponsored Rabbit and Land Management Program and accordingly have Land Improvement Agreements registered on their titles. There are no remaining commitments from earlier Catchment Board Run Plan agreements.
7(d) District Plan
The property is within the area administered by the Central Otago District Council under the Vincent section of the councils transitional plan which is currently operative. The entire area occupied by the six pastoral leases is zoned Rural I' which is the general rural zone of most rural lands in the area. In addition to agricultural use of the land, provision is made for a range of conditional uses. The zone recognises that landscape qualities are an asset for recreation and tourism and the desirability of maintaining a high level of visual amenity throughout the rural area. Rural 1 includes provisions for reserves as defined by the Reserves Act (1977)
(ii) Draft Plan.
A draft plan for Central Otago District is currently under preparation. Limited public input has been sought on some components of the plan although public consultation on a draft plan is still to occur.
7(e) Current Protection Status of Conservation/Historic Values
There is currently no formal protection for natural values on any of the six properties.
All recorded historic sites on Nile Mile (with the exception of the Camp Creek gold workings), Geordie Hills, Longacre and Merivale are protected under the 1993 Historic Places Act which gives automatic protection to all sites predating 1900.
8 RECREATION/ACCESS
With the exception of camping and day use of the Lindis River margins, because of the relative isolation of these properties from a major town or tourist centre and the lack of practical legal access into Dunstan Creek, the area is not subject to a high degree of recreational use. However for those who go to the effort of researching the area and to seek permission from runholders, some magnificent recreational opportunities area available. Dunstan Creek with its open landscape and wilderness qualities provides a high quality recreational experience.
8(a) Access
Marginal strips and Crown land on the Lindis River are frequently utilised for public access, picnicking etc, especially where these areas bound with SH 8.
Public use of legal roads is currently confined to those which are formed. Goodger Road/County Road receives limited use by motorists. Timburn Road receives little public use, as access beyond the Timburn homestead is subject to permission.
The old SH 8 route through Nine Mile pastoral lease gets little use since the removal of the old Lindis River bridge near the Old Lindis Hotel site.
The transmission pylon track which heads north into Morven Hills off Goodger road from near Poulsons Hut, lies close to a legal road line on the Shirlmar-Morven Hills boundary and is subject to periodic use by mountain bikers
8(b) Uses
A relatively popular two day trip for mountain bikers is to bike up Dunstan Creek from near St Bathans township and to cross the Chain Hills (permission required from runholders) to State Highway 8 via one of several routes including Cluden Stream (Cluden pastoral lease), Coal Creek, Pleasant Valley, Tim Burn or Goodger Road (Short Spur Creek). This route was also popular with 4WD vehicle owners until 1995, when the track up Dunstan Creek was badly washed out in many places during heavy flooding. 4WD clubs have periodically granted access to a number of tracks within the group of properties. Routes into Dunstan Creek are also well suited to horse trekkers.
The Chain Hills represent an obvious access route onto the Dunstan Range to the north and the Dunstan Mountains to the south.
Walkers are reported to periodically ascend Lindis Peak (Nine Mile Station) via the main central farm track which starts near the homestead. Some walkers descend by an alternative route directly down the northern boundary and down to the old Lindis Hotel site adjacent to the Lindis River. The view from the summit is one of the most extensive in Central Otago with a vista including the St Bathans Range, Dunstan Mountains, Chain Hills, Dunstan Range, Kakanuis, McKerrow Range, Crown Range, Peaks of the Shotover, Pisa Range, Nevis Mountains, Remarkables, and numerous peaks of the Main Divide from the headwaters of the Hopkins valley (including Mount Huxley) in the north to Mount Aspiring in the south. From Lindis Peak there is potential to embark on substantial mountain bike, horse or 4WD journeys through Lindis Peaks, Deep Creek Long Gully and Sandy Point Stations to the Clutha catchment (such a journey would require runholder permission from all these properties). The crest of the Lindis Peak Range could also be gained from a track which heads westwards from Goodger Flat - the lower portion of which is a legal road.
The Lindis River margins receive substantial public use for picnicking and fishing. At least two areas are frequently used by campers with lessees permission. These are: an area on Geordie Hills Pastoral lease adjacent to the Lindis river, and a small area of freehold land adjacent to Nine Mile pastoral lease at the site of the old Lindis hotel. With the exception of Geordie Hills pastoral lease, access to the Lindis River is generally gained through Iegal roads, marginal strip or Crown land.
9 MANAGEMENT CONSIDERATIONS
9(a) Wild Animals/Pests
Rabbits are the primary pest on all properties. With the exception of Shirlmar all properties were considered to have a rabbit problem serious enough to warrant their inclusion in the government sponsored Rabbit and i and Management Program. Breakdowns for rabbit proneness area as follows:
Longacre -1205 ha high, 1740 ha moderate, 395 low.
Merivale - 880 High, 1787 Moderate.
Timburn - 2420 high, 2290 moderate, 422 ha low.
Shirlmar - front country moderate, higher back country -low
Geordie Hills - most of property moderately or highly rabbit prone
Nine Mile - 409 high, 1811 moderate, 15 ha low.
Other pests include goats, hares and possums. Deer have historically been present in high numbers in Dunstan Creek but are now uncommon. Recent helicopter hunting has further reduced numbers.
9(b) Plant Pests
Rosa rubiginosa (briar) and Hieracium (Hawkweed) are the most severe weed threat on all properties. Species of Hieracium present include H.pilosella (mouse eared hawkweed), H.lepidulum (tussock hawkweed) and f`.praealtum (king devil hawkweed). Other weed species present include Hypericurn perforatum (St Johns wort), Cardus nutans (Nodding thistle), Marrubiurn vulgare (horehound) and Coniurn maculaturn (hemlock).
Discaria toumatou and Olearia are considered a weed from a farming perspective but not so in terms of nature conservation.
9(c) Fire
Summer fire risk is moderate over much of the properties. However risk of fire spread is somewhat reduced by large areas of irrigated pasture and depleted sunny faces which are not particularly fire prone. Remaining tussock grasslands on the Chain Hills are periodically highly fire prone. the Central Otago District Council is the rural fire authority over most of the area.
DOC is the rural fire authority for the 1 km fire safety margin surrounding Crown Land adjacent to the Lindis River. This land qualifies as a 'State Area' under the Forest and Rural Fires Act 1977.
PART 3: CONSULTATION
An early warning meeting was held with NGOs at Knight Frank in Alexandra on Thursday February 11. Key issues raised on each property were:
Geordie Hills: Access through to Chain Hills required. Landscape protection is recommended for the Lindis Pass scenic corridor. Short walks from SH8 desirable. Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities.
Longacre: Access through to Dunstan Creek important (vehicle access in Pleasant Valley). Recreational interest centres on Chain Hills. Suggest that access over Chain Hills for foot and mountain bike use should be established. Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities. Landscape values in Dunstan Creek are seen as important, and should be protected against inappropriate development (special lease or covenant). Landscape protection is recommended for the Lindis Pass scenic corridor.
Shirlmar: Public vehicle access to the base of the Chain Hills seen as being important. Public foot, mountain bike and horse access is mooted beyond the western base of the hills. The pylon route is seen as being important for horse trekkers and mountain bikers. Landscape values in Dunstan Creek are seen as being important and should be protected against inappropriate development (special lease or covenant). Landscape protection is recommended for the Lindis Pass scenic corridor.
Merivale: Access through Merivale to Dunstan Creek is also seen as being important. Suggest that the pylon route stands to be important for recreationists. Landscape protection is recommended for the Lindis Pass scenic corridor. Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities.
Timburn: Various recreational opportunities are outlined including: horse, mountain bike or vehicle access to the top of Mount Misery, access to the Dunstan Creek via Dunstan Pass an access along McPhies Ridge. Suggested that access should be provided to the North Dunstan Mountains via the Richmond Valley. Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities. Landscape values in Dunstan Creek are seen as being important and should be protected against inappropriate development (special lease or covenant). Landscape protection is recommended for the Lindis Pass scenic corridor.
Nine Mile: Suggest foot and mountain bike access to the summit of Lindis Peak is a priority. Suggest public access up Camp Creek should be retained so as to maintain opportunities during future tenure reviews to negotiate public access routes through to Lake Hawea and north to the Timaru Creek/Longslip area. Suggestion made by one group that the summit of Lindis Peak is worthy of protection in conjunction with a rocky area which is reverting to scrub which extends down the North face of the property to Camp Creek. Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities. Historical interest surrounding the old Lindis Hotel is noted. It is also noted that this is a popular camping area.
REFERENCES
Booth, R. 1912: Five Years in New Zealand. J. G. Hammond. London.
Collier K.l, Cooper A.B, Davies-Colley R.J, Rutherford J.C, Smith C.M and Williamson R.B. 1995. Managing Riparian Zones: A Contribution to protecting New Zealand's Rivers and Streams. NIWA and Department of Conservation.
Duff, G. 1978: Where Sheep May Safely Graze. Published by the author. Tarras.
Jacomb, C. & S. Easdale 1984: Lindis Gold Rush Investigation. Unpublished Lands and Survey report, Dunedin.
McCraw J.D. 1964 - Soils of the Alexandra District. Soil Bureau Bulletin 24. D.S.I.R. Published by R.E Owen, Government Book Printer, Wellington.
McGlone M.S 1983. Polynesian Deforestation of New Zealand: A preliminary synthesis. Archaeology in Oceania, 18: /1-25.
Macintosh, P.D, Beecroft, F.G and Patrick, B.H. 1990. Register if Saline Soil Sites In North and Central Otago, Volume 1. Division of Land and Soil Sciences, DSIR Technical Record DNS.
Stevenson, G.B 1947: Maori and Pakeha in North Otago. Reed Wellington
Ward CM, Bruce D.L, Rance B.D, Roozen D.A and Grove PD (Ed) 1994 - Lindis. Pisa. and Dunstan Ecological District - A Survey Report for the Protected Natural Areas Programme. New Zealand Protected Natural Areas Programme Series No 36. Published by Department of Conservation Dunedin. ISBN 0112-9250.
Wardle P (1991) Vegetation of New Zealand. Published by the Press Syndicate of the [University of Cambridge. Cambridge. United Kingdom. ISBN 0 521 25873
PART 4: JUSTIFICATION AND RECOMMENDATIONS
1. Conservancy Conservation Management Strategy
The Otago Conservancy of DOC has produced a draft Conservation Management Strategy (CMS) which is nearing final approval after a lengthy planning effort involving extensive public consultation.
The CMS identifies 41 special places of conservation interest in the Otago Conservancy. Whilst the Lindis group of properties does not receive specific attention in the CMS, Dunstan Creek is nestled between the North Dunstan Mountains and the St Bathans Range. The North Dunstan Mountains feature as Special Place #21 and the St Bathans Range as Special place ~ 17 (as part of the St Bathans-Hawkdun-lda Special Place). Neighbouring land to special place #17 in pastoral lease or pastoral occupation licence is listed as having high landscape, recreation and historic values. Implementation objectives for this special place include the following statement: "Pastoral lease and occupation licence tenure review on adjacent properties will provide opportunities to negotiate the acquisition of areas of similar or complementary natural and historic values and significant recreational opportunities. Overall management of these new areas, together with existing conservation areas, will confer net conservation and management benefits. "Pastoral lease and pastoral occupation licence tenure review negotiations will be the priority method for implementation of the objective - The primary objective for the North Dunstan Mountains Special Place is "To extend protection in the area to cover the remaining higher altitude areas of nature conservation importance and to secure appropriate public access" As for Special Place #17, pastoral lease tenure review is identified as an opportunity to negotiate to protect areas of interest and to "negotiate as of right public foot and mountain bike access to high altitude protected areas".
Under the land inventory section 'Lindis River marginal strip (G40 055)' it is recommended that the purchase of the old Lindis Hotel site on adjoining freehold is investigated for purchase.
2 Recommendations
RECOMMENDATION ONE
Willow trees should be removed from tributaries of Dunstan Creek.
Means
The most time and cost effective way of removal would be spraying by helicopter in mid to late summer with a follow up spray to clean up missed areas. Roundup and Grazon have been used by DOC in the Twizel area. Using Grazon, the cost breakdown is approximately 50:50 (spray helicopter). Roundup is somewhat cheaper. A resource consent would be required for this activity (for spraying over water).
Knight Frank as agents to the Commissioner of Crown Lands are requested to assess the appropriateness of lessees completing this work in exchange for a reduction in purchase price for freeholding.
Justification
Removal of wilding willows would help maintain the natural character of these streams by preventing choking of channels. Low flow volumes will decrease due to willow transpiration, if spread of this species is not checked in its early stages. Willows in the Dunstan Creek catchment represent a major threat to landscape values in the entire headwater region.
Although these streams are small:
.
RECOMMENDATION TWO
Establish riparian protection in the Timburn Right Branch and at the head of Coal (Creek and to exclude cattle from the headwaters of Short Spur Creek.
All the Lindis River tributaries on the properties are degraded due to agricultural damage, mainly due to cattle hoof damage to stream banks and bed. Fenced riparian margins would prevent further damage and would allow the streams and fish populations to recover to a more natural state. The galaxiid population in the head of a Coal Creek tributary is not recommended for protection as it is very limited in geographic distribution and vulnerable to droughts, long term survival of such a population is not assured even with riparian protection. All the galaxiid populations occur outside the range of brown trout and are vulnerable to invasion by this species.
Management Considerations
Up to 12 km of riparian fencing around flathead galaxiid habitats will be required (marked on Map 3).
RECOMMENDATION THREE
That an area incorporating the old bridge gold workings on Nine Mile be formally protected.
With agreement from the landowner, the ruins of the old Lindis Pass Hotel which are sited on freehold title should also be formally protected and be made available to the public.
Land Status Sought
(a) It is recommended that the old bridge gold workings be formally protected as a Historic Reserve. Refer Map 3 (appended).
(b) The purchase of the old Lindis Hotel site (section 2) should be pursued. Failing purchase, a Conservation Covenant under Section 77 Reserves Act (1977), protecting the Old Lindis Hotel remains located in a freehold title held by the lessee of Nine Mile pastoral lease), allowing DOC to erect interpretation signs and providing for public foot access around the site is recommended.
Justification:
Given the proximity to State Highway 8 and relative ease of public access, either across the old Lindis River bridge (which requires extensive repairs to be usable) or along the old road from the Nine Mile homestead, these two sites provide a good opportunity to provide public interpretation of the Lindis gold rush. This area is important area for roadside recreational use. Interpretation of historic sites will enhance the 'visitor experience'.
The workings are the oldest known in the area and are in the vicinity of what is assumed to be the original gold strike. If they do not date back to the original rush of 1861, they were certainly formed soon after and are of significance as evidence of the first gold rush in Otago.
Management Considerations.
RECOMMENDATION FOUR
That the Camp Creek workings on Nine Mile pastoral lease at the Mouth of Camp Creek on the western side of the Lindis be subject to formal protection.
Land Status Sought A conservation covenant under Section 77 (Reserves Act 1977) would provide an appropriate level of protection for the historic values of the site.
Justification
The Camp Creek workings are not covered by the 1993 Historic Places Act, but are of historic significance as an example of the depression period mining that many unemployed men in Otago were engaged in. It is also notable because in all respects it is indistinguishable to the type of mining that was carried out 70 years earlier by the original miners of the 1860s.
RECOMMENDATION FIVE
That the previously unrecorded gold mining (sluicing) site on Geordie Hills pastoral lease on the eastern bank of the Lindis River be given formal protection.
Land Status Sought
A covenant under Section 77 (Reserves Act 1977) over the site would provide an appropriate level of protection while allowing continued grazing.
Justification
Of two sites on Geordie Hills associated with the original Lindis gold rush, this previously unrecorded site is the most complete.
RECOMMENDATION SIX
That the eastern flanks of the Chain Hills (Dunstan Creek Catchment) and the upper western flanks of Mount Misery comprising approximately 2100 hectares on Shirlmar, Longacre and Timburn pastoral leases be subject to formal protection which confines grazing to sheep only, prevents erection of buildings, further tracking, forestry, burning of snow tussock grasslands and valley floor shrublands, drainage of wet areas or other activities which could compromise the areas landscape, biological and wilderness qualities. The covenant should allow for monitoring of identified conservation values.
Land Status Sought
Conservation Covenant under Section 77(7) Reserves Act (1977)
Justification
It is considered that area does not meet tenure review criteria' for restoration to full Crown ownership. It is also considered that it would be inappropriate to impose a form of tenure which may serve to discourage maintenance of inputs into components of the landscape, which have been substantially modified by farming activities. However formal protection of the area is essential to protect existing landscape and wilderness qualities and to establish a buffer zone to neighbouring lands which clearly meet criteria for restoration to full Crown ownership (should the opportunity become available through the tenure review process). Landscape values in Dunstan Creek are: 1. Of such conservation significance that DOC should not rely on the RMA for their protection. 2. Are unlikely to be acknowledged in the forthcoming Central Otago District Plan.
Landscape
Although more modified than surrounding lands, it is very important that DOC attain firm control over activities which could compromise the integrity of the entire Dunstan Creek headwaters. The Dunstan Creek as a whole is identified as having very high inherent landscape values. It requires consistent management over the whole catchment to protect and ultimately enhance those values.
The areas supreme open landscape and wilderness qualities could be compromised by future land use activities including further subdivision, forestry or tourism development.
Geomorphology
Although the flora and soils in Dunstan Creek are somewhat modified. The flood plain remains significant as it is unaltered by drainage or flood protection works. Fluvial processes in Dunstan Creek continue to function in a natural manner, with flooding and infiltration supplying water and nutrients to springs and wet areas.
Flora
The western flanks of Mount Misery warrant inclusion in the covenant area as they support a healthy cover of Chionochloa macra, a tussock species which has been much reduced in extent through pastoral activities over much of the Otago High country. As the area is relatively small (approximately 250 hectares) and is isolated from other areas with a largely intact native flora, this area is not recommended for restoration to full Crown ownership. the eastern flanks of the Chain Hills are clothed in a mixture of exotic grasslands and scattered shrublands on warm aspects and relatively intact Chionochloa rigida grasslands (worthy of protection) on cool aspects.
Fauna
Maintaining short herbfields tussock and shrub remnants of Coprosma intenexta/rugosa is important as these are all habitats utilised by a rich array of invertebrates and are largely unprotected elsewhere in Otago.
Recreation
The area currently represents an exceptional backcountry recreational experience. Further land development in this area stands to compromise the values which make up the wilderness qualities of the entire headwaters of Dunstan Creek.
NGO s during consultation considered that it is essential to protect the landscape and wilderness qualities of this area. A special lease was considered desirable although it was conceded that a covenant may be appropriate. Provided a covenant is well prepared and adequately administered such a mechanism stands to be effective as conservation objectives are relatively clear-cut.
Management Considerations
RECOMMENDATION NINE
That an area of approximately 30 hectares on Longacre pastoral lease containing an extensive area of Olearia odorata shrublands at least five Sophora nucrophylla (kowhai) trees and numerous juvenile and sapling sized specimens be formally protected.
Land Status Sought
Restoration to full Crown ownership as a conservation area.
Justification
The area is one of the largest most intact shrublands on the group of properties. Olearia odorata is apparently a viable species in this area with regeneration apparent on the margins. This species clothes a stream margin and supports a wide range of invertebrate species. I he group of kowhai is of particular interest as the population comprises the largest number of trees observed the largest trees and perhaps most importantly was the only kowhai area where juvenile specimens were observed. Elsewhere this species tends to comprise solitary trees with no visible regeneration. It is acknowledged that fencing the area may not be the optimal conservation management - however there are numerous similar (smaller areas) which will continue to be subject to grazing. Fencing the area will provide an important opportunity to compare the effect of grazing versus destocking dry mid altitude shrublands.
Management Considerations
.
RECOMMENDATION TEN
That the head of the Timburn Left Branch Catchment (approximately 400 hectares) be destocked.
Land Status Sought
Restoration to full Crown ownership as a conservation area. A short term grazing tenancy may be appropriate over the area.
Justification:
Flora
The headwaters of this catchment comprise the best altitudinal sequence of relatively intact natural vegetation on the six properties. The catchment represents the only opportunity in the area to preserve (and enhance) a sequence of natural vegetation from 720 m.a.s.l to almost 1400 m.a.s.l. The base of the area supports the largest and most intact Oleana odorata shrubland found on the six properties. This shrubland merges into a narrow band of relatively modified pasture which does however retain a native component of C.rigida, Poa colensoi and Festuca nova-zelandiae tussocks. Between 760 m.a.s.l and 1200 m.a.s.l C.rigida steadily increases to become the dominant species despite past oversowing and topdressing.
Above 1200m a.s.l Chionochloa macra grassland of moderate to good stature forms the dominant vegetation, with an understory of predominantly native species. This tussock species which probably once formed a continues belt between alpine herbfields and alpine cushionfields throughout Otago. is now mostly confined to snowy south aspects and its cover is often depleted and discontinuous.
The native flora over most of the area appears to be viable with Hieracium pilosella cover generally being less than 5%.
In time, if protected, this area stands to be part of a much larger conservation area spanning much of the Dunstan Mountains and the headwaters of Dunstan Creek (if desired outcomes can be achieved through future tenure reviews). Under this scenario, the upper Tim Burn Left Branch headwaters at the southern extremity of the range, stands to become a valuable biological corridor.
Fauna
Area contains a diverse array of alpine invertebrates (including the large native earthworm Octochaetus spp) which are vulnerable to fire and further invasion by exotic grasses.
Recreation
If this catchment head eventually becomes a component of a larger conservation area comprising land to the north on the Dunstan Range, the area stands to form part of a route onto and off the range in a natural setting.
Management Considerations
RECOMMENDATION ELEVEN
That a small area (approximately .5 hectare) of deeply weathered soils (affiliated to Chapmans Soils) in the lower reaches of Coal Creek (Grid Ref NZMS 260 G40 353 982) is formally protected from factors which could modify the site - for example tracking, cultivation or erection of structures.
Land Status Sought
Conservation Covenant - Section 77(7) Reserves Act (1977)
Justification
The saline soil site adjacent to Coal Creek is of some scientific significance. While there are no halophytic flora or fauna on the site, the soil type is relatively rare in the Lindis Ecological District with no protected examples.
RECOMMENDATION TWELVE
That an area adjacent to the Lindis River (Geordie Hills pastoral lease) and SH8 be retained as a recreation area for public use.
Land Status Sought
That this area be restored to full Crown ownership and vested with the Central Otago District Council as a recreation reserve under Section 14 Reserves Act 1977.
Justification
The area is currently popular with campers, picnickers and fishermen. SH 8 is subject to a high and increasing level of use by domestic and foreign visitors. It is not considered the role of DOC to actively seek responsibility for such areas with no nature conservation or historic values.
Nevertheless tenure review represents an important opportunity to restore areas to public ownership for recreational use. Comments from NGO's identified the need for riverside access and recreational opportunities along the Lindis River. Local authority commitment to this proposal will be required for DOC to support.
RECOMMENDATION THIRTEEN
That legal public access be established along the following routes: (these routes are marked on Map 3 and are labelled a-h to conform with the following section).
(a) Foot and mountain bike access up Lindis Peak (Nine Mile pastoral lease) via the main farm a~ track which starts near the homestead.
Justification
The view from Lindis Peak is one of the most impressive in Otago due to its central location away from other high mountain ranges.
(b) Foot, mountain bike and horse trekking access up Coal Creek (Timburn pastoral lease).
Justification
This is a well formed route which provides practical access through a scenic gorge. It links to an unformed legal road which provides access into Dunstan Creek. It also creates the opportunity to complete a loop, returning to SH via Goodger Road. In time. the route also stands to provide access onto the North Dunstan Mountains. The reasonably dry and modified nature of the country makes horse access entirely appropriate on this and all subsequent routes described. It is DOC policy to attain legal public access to enable public use and enjoyment of protected public and private land in the high country through tenure review.
(c) Foot, mountain biking and horse trekking access from County Road to Coal Creek route previously discussed (Longacre pastoral lease and a short stretch of Merivale pastoral lease).
Justification
The public council road which heads southwards over series of low saddles from the end of Goodger road closely follows a legal road line as far as a point immediately north of the Merivale/Longacre boundary. South of this point the legal and formed roads significantly deviate. For this reason it is proposed to establish legal public access to link up with the Coal Creek route previously described, and to an unformed legal road which provides access onto the North Dunstan Mountains.
(d) DOC vehicle access for management purposes, public foot, mountain biking and horse trekking access from County Road to Dunstan Creek via Shirlmar Pastoral Lease
Justification
This track is generally of moderate gradient and is the best formed route over the Chain Hills into Dunstan creek. The route stands to be extremely valuable at a later date should land at the head of Dunstan creek transfer to the Conservation estate under tenure review.
(e) DOC vehicle access for management purposes, public foot, mountain biking and horse trekking access from County Road to Crest of the Chain Hills via Longacre Pastoral Lease.
Justification
This route provides an alternative route into Dunstan Creek and provides public access through the proposed Olcana/Sophora conservation area.
(f) DOC vehicle access for management purposes, public foot, mountain biking and horse trekking access along the Crest of the Chain Hills through Timburn, Longacre and Shirlmar pastoral leases.
Justification
In time this route stands to become an important access link between the North Dunstan Mountains to the south and the Dunstan range to the north.
(g) DOC vehicle access for management purposes, public foot, mountain biking and horse trekking access along any portion of the formed track on the west side of Dunstan Creek which is within Shirlmar, Longacre or Timburn pastoral leases.
Justification
This track stands to be an important route into the head of Dunstan creek at a later date.
Legal Status Sought
It is proposed that all access routes described be established as easements under Section 7(2) Conservation Act (1987).
Management Considerations Relating to Public Access
.
RECOMMENDATION FOURTEEN
That the Urnca aspera site on Geordie hills be revisited by DOC staff in spring/summer, prior to development of a tenure review proposal in order to assess its size and significance.
Legal Status Sought
To be determined -
Justification
Given the nature of the site where this species was observed, it is not considered that negotiations to protect this small area will present problems.
RECOMMENDATION FIFTEEN
That the Department of Conservation has no interest in attaining, seeking formal protection over or access across land not discussed in recommendations 1-13 through the tenure review process.
Justification:
The balance of country has been extensively modified and has little value from a conservation perspective. Most historic sites not recommended for additional protection arc protected under the Historic Places Act as they arc older than 100 years.
Consultation with key NGO's has not revealed that there are important issues not addressed in this report.
PART V: ATTACHMENTS
Illustrative Maps
Map I Topographic map with cadastral information overlaid
Map IA Cadastral Map
Map 2 Ecological, Landscape and Recreational Values
Map 2A Historic Sites
Map 3 Recommendations
[Revised recommendations]
PROPOSED DESIGNATIONS REPORT
TENURE REVIEW OF MERIVALE, LONGACRE, GEORDIE HILLS, SHIRLMAR, NINE MILE AND TIMBURN PASTORAL LEASES
HELD BY G & M GOODGER, JDL & HB LUCAS, BA & SE MCCAUGHAN, PHC & LA DAVIS, JG LUCAS & FAMILY TRUST AND JCA LUCAS UNDER PART 2 CROWN PASTORAL LAND ACT
(FOR OFFICIAL USE ONLY)
1 Recommendations
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.
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 paragraphs: 2.5.1, 2.5.2, 2.5.3, 2.5.4, and 2.5.5 below.
1.3 Note that any disposition of land by the Crown will be subject to the relevant provisions of Part IVA Conservation Act.
2 Proposals end Justification
2.1 Land to be Restored to or Retained in Full Crown Ownership and Control
2.1.1 Name: Old Bridge Workings and Camp Creek Workings
Existing status: Pastoral Lease.
Authority: s.35 (2)(a) (ii) CPLA
Proposal: That an area of approximately 10 ha hectares be designated as a Historic Reserve and amalgamated with land described in proposal 4.1 for the purpose of protecting and preserving in perpetuity such places, objects, and natural features and such things thereon or therein contained as are of historical, archaeological, cultural, educational, and other special interest to be managed by the Department of Conservation. Exact determination of which parts of this proposal lie with Nine Mile pastoral lease is not possible as a status report has not been completed for the property.
Description: The area comprises an assemblage of historic sites including workings on the true right bank of the Lindis, immediately upstream of the old road bridge. They consist of piles of tailings from ground sluicings and two drives (tunnels) into the hillside. The tailings piles get progressively larger towards the northern cod of the workings. At the southern cod of the workings is Wattie Thompson's concrete hut. Additional sites arc located on the true right of the Lindis at the junction with Camp Creek. The site consists of several ground sluicings on a terrace extending for about 80m up the true left of Camp Creek.
A little downstream of the junction, on the true right of the Lindis, is a 20m long section of revetting where slabs of stone have been stacked vertically to reinforce the river bank. these workings are largely the result of depression mining during the 1930s.
the earliest workings which can be reliably dated arc those upstream of the old road bridge which predate 1872 - 73. The Camp Creek workings are known to date primarily from the 1930s. Most of the other sites are almost certainly of late 19th century origins. Therefore all the recorded sites, with the exception of the Camp Creek workings, are protected under the 1993 Historic Places Act which gives automatic protection to all sites predating 1900.
Justification: The land is characterised by areas that have the following significant inherent values:
Significant Inherent Values associated with Historic Places and Cultural Resources
Reflects important and representative aspects of human activities in the High Country.
In conjunction with land described in proposal 4.1 the area contains a progressive array of mining related sites.
Is associated with events, persons and ideas of importance in the High Country.
In 1861 the Lindis River was the scene of the first gold rush in Otago. Several sites in the area date back to that time. More recent sites dating back to the 1930's depression. Many sites have well documented information relating to specific people and events.
Has the potential to provide significant knowledge of human activities in the High Country.
In conjunction with the neighbouring site described in proposals 4.1 the area represents an ideal site for placement of interpretation.
Focus an important part of the wider historic and cultural complexes and landscapes of the High Country.
The site's location near the first gold strike in Central Otago makes this area particularly a particularly important historic site complex.
Significant Inherent Values associated With Recreational Resources
A setting of high natural or historical value for outdoor recreational opportunities in the High Country.
It is an area is of high recreational value and is frequently used for picnicking and camping.
Management and Boundary Issues: (this section also covers proposal 4.1)
(a) Signs/interpretation: Resources will be required for interpretation signs (approximately $1200).
(b) Access. The feasibility of erecting a foot access bridge using the piles of the old Lindis Bridge should be investigated. In the meantime a legal road on the western side of the Lindis River provides vehicle access to the site. Responsibility for maintenance of this road lies with the local authority.
(c) Grazing. The site will continue to be grazed in conjunction with adjoining land. the issue of a concession is not practical given the areas limited size (see also comments under point (d) below.
(d) Weed and Pest Control. Adjoining landowner would be responsible in lieu of rental for grazing.
2.1.2 Name. Headwaters of Timburn Left Branch (Shirlmar Pastoral Lease)
Existing status: Pastoral Lease
Authority: s.35 (2)(a)(i) CPLA
Proposal That an area of approximately 400 hectares be designated as a conservation area for the purpose of protecting of natural resources to be managed by the Department of Conservation.
Description: The area comprises a catchment head lying between 700 and 1320 m on the northern boundary of Shirlmar pastoral lease. The lower part of the area supports the largest and most intact Oleana odorata shrubland found on the six properties. This shrubland merges into a narrow band of relatively modified pasture which does however retain a native component of Chiniochloa ridgida, Poa colensoi and festuca nova-zelandiae tussocks. Between 760 m.a.s.l and 1200 m.a.s.l C.rigida steadily increases to become the dominant species, despite past oversowing and topdressing. Above 1200m a.s.l C. macra grassland of moderate to good stature forms the dominant vegetation, with an understory of predominantly native species.
Justification: The land is characterised by areas that have the following significant inherent values:
Significant Inherent Values Associated with Natural Resources
Areas which alone or collectively sustain the special natural quality and integrity of the High Country landscape, especially the indigenous component.
This area comprises an attractive natural backdrop to highly modified country lying between the Lindis River and the lower western flanks of the Chain Hills. It makes a significant contribution to the natural character of the Lindis Ecological District.
Type localities and habitats of species and communities which are at their distributional limits and/or endemic or which have specialised habitat requirements in the High Country, and species, communities habitats or ecosystems which are uncommon and/or endemic in the ecological district.
Chionochloa macra tussocklands once formed a continuous belt between herbfields and alpine cushionfields throughout Otago. Distribution is now limited in most part to snowy south aspects and its cover is often depleted and discontinuous.
Areas which make a special contribution to the overall quality, natural functioning and ecological integrity of significant values (e.g. linkages, buffers etc.) whether in their present or potential state.
The headwaters of this catchment comprise the best altitudinal sequence of relatively intact natural vegetation on the six properties. The catchment represents the only opportunity in the area to preserve (and enhance-) a sequence of natural vegetation from 720 m.a.s.l to almost 1400 m.a.s.l.
In time, if protected, this area stands to be pan of a much larger conservation area spanning much of the Dunstan Mountains and the headwaters of Dunstan Creek (if desired outcomes can be achieved through future tenure reviews). Under this scenario, the upper Tim Burn Left Branch headwaters at the southern extremity of the range, will be-come a valuable biological corridor.
Area contains a diverse array of alpine invertebrates (including the large native earthworm -Octochaetus spp) which arc vulnerable to fire and further invasion by exotic grasses.
Significant Inherit Values Associated With Recreational Resources:
Settings of high natural or historical value for outdoor recreational opportunities in the High Country.
If this catchment head eventually becomes a component of a larger conservation area comprising land to the north on the Dunstan Range, the area will form part of a route onto and off the range in a natural setting.
Management and Boundary Issues:
(a) Problem Plants. The native flora over most of the area appears to be viable with Hieracium pilosella cover generally being less than 5%. Some briar control may be required in the lower part of the area.
(b) Problem Animals. Although not particularly rabbit prone, the area may periodically require low level rabbit and hare control. Periodic goat control may be necessary although no goats were observed at time of inspection. Red and fallow deer periodically utilise the area.
(c) Grazing. the- lower portion of the area has a high component of exotic grasses and herbs - light periodic grazing may be required to facilitate regeneration of tussock and shrub species. However it is recommended that initially at least the area will not be stocked.
(d) Fencing. the area is fenced. Fences will require periodic maintenance.
2.1.3 Name: Short Spur Creek.
Existing status: Pastoral Lease
Authority: s.35( 2)(a)(i) CPLA
Proposal: That approximately 5 hectares be designated as a conservation area to be managed for the purpose of protecting of natural resources by the Department of Conservation.
Description: The upper reaches of Short Spur Creek contains a population of flathead galaxiids (native fish species). The proposed conservation area comprises an area 50 - 80m wide and approximately 700 m long. The balance of the upper catchment is proposed for protection under a conservation covenant which would confine grazing to sheep only (see proposal 2.5.2). The water course would appear to be too small to warrant the laying off of marginal strips.
Justification: The land is characterised by areas that have the following significant inherent values:
Significant Inherent Values Associated with Natural Resources:
Habitats of threatened species (including those which are regionally threatened).
Flathead galaxies is a Category I threatened species (Molloy 1994). This ranking means it is a species for which little information exists. Based on existing evidence it is considered to be threatened.
Type localities and habitats of species and communities which are at their distributional limits and/or endemic or which have specialised habitat requirements in the High Country, and species, communities habitats or ecosystems which are uncommon and/or endemic in the ecological district.
The highest conservation priority for individual species in Otago are species in the Otago galaxiid complex. This group of non-migratory galaxiids is the most distinctive feature of the region and the group is restricted to Otago, Southland and Stewart Island. The restricted range of some of the species and the range of threats presently affecting them means long term survival for some of these species is far from certain. Genetic evidence indicates the complex consists of numerous species and genetically distinct populations. The limited gene flow among populations within species, especially among catchments will mean there is a need to protect populations throughout their range to retain the genetic diversity present within each species. To protect this full range of galaxiid biodiversity considerable conservation effort is required. Protection of non-migratory and landlocked galaxiid and bully populations over the full geographic range of the species is required. Populations in different river systems and even within river systems can be genetically isolated from other populations of their species and arc free to adapt to local conditions or undergo genetic drift, leading to locally distinct gene pools and eventually new species. Protection of populations over a wide geographic and environmental range will protect the genetic diversity of each species and the process of speciation (Allibone 1997).
Flat head galaxies is the only non-migratory galaxlid known from Upper Clutha Valley. Its range in this catchment is very much reduced from its estimated pre-European distribution. In total only six remnant populations are known to persist.
Areas which make a special contribution to the overall quality, natural functioning and ecological integrity of significant values (e.g. linkages, buffers etc.) whether in their present or potential state.
Protection of the Short Spur Creek and its margins will serve to maintain and improve the flathead galaxies habitat.
Management Issues:
(a) Fencing. Approximately 800 metres of new fencing will be required on the southern side of short Spur Creek. The northern side of the creek is already fenced. Fences will require regular inspection and maintenance. At present the likely barriers preventing brown trout moving into galaxiid areas arc low water levels and cattle damage to wetland areas resulting in reduced stream channel width. To maintain protection of the galaxiids from the brown trout, riparian fencing should not include the cattle damaged wetland areas. Leaving these areas open to stock will help maintain the physical barriers to trout invasion. Exact location of the downstream cad of fences should be determined with fish specialists present to ensure the distributions of fish species arc correctly assessed. Provision for stock access to water within the riparian protection zones can be negotiated if required.
(b) Monitoring: Periodic galaxiid surveys will be essential.
(c) Community Relations: Fostering good relationships with landholders will be essential for this proposal to be effective.
2.1.4 Name: Coal Creek (Timburn pastoral lease).
Existing status: Pastoral l ease
Authority: s. 35(2)(a)(i) CPLA
Proposal: That an area of approximately 15 hectares be designated as a conservation area for the purpose of protecting natural resources to be managed by the Department of Conservation.
Description: The upper reaches of Coal Creek above the junction with Richmond Creek contain a population of flathead galaxiids (native fish species). The proposed conservation area comprises an area 50 - 80m wide and approximately 2.5km long. the water course is too small to warrant the laying off of marginal strips.
Justification: The land is characterised by areas that have the following significant inherent values:
Significant Inherent Values associated with Natural resources:
Habitats of threatened species (including those which are regionally threatened).
Flathead galaxies is a Category I threatened species (Molloy 19914). This ranking means it is a species for which little information exists, but based on existing evidence is considered to be threatened.
Type localities and habitats of species and communities which are at their distributional limits and/or endemic or which have specialised habitat requirements in the High Country, and species, communities habitats or ecosystems which are uncommon and/or endemic in the ecological district.
The highest conservation priority for individual species in Otago are species in the Otago galaxiid complex. This group of non-migratory galaxiids is the most distinctive feature of the region and the group is restricted to Otago, Southland and Stewart Island. The restricted range of some of the species and the range of threats presently affecting them means long term survival for some of these species is far from certain. Genetic evidence indicates the complex consists of numerous species and genetically distinct populations. The limited gene flow among populations within species, especially among catchments will mean there is a need to protect populations throughout their range to retain the genetic diversity present within each species. To protect this full range of galaxiid biodiversity considerable conservation effort is required. Protection of non-migratory and landlocked galaxiid and bully populations over the full geographic range of the species is required. Populations in different river systems and even within river systems can be genetically isolated from other populations of their species and arc free to adapt to local conditions or undergo genetic drift, leading to locally distinct gene pools and eventually new species. Protection of populations over a wide geographic and environmental range will protect the genetic diversity of each species and the process of speciation (Allibone 1997).
Flathead galaxies is the only non-migratory galaxiid known from the Upper Clutha Valley. Its range in this catchment is very much reduced from its estimated pre-European distribution. In total only six remnant populations arc known to persist.
Areas which make a special contribution to the overall quality, natural functioning and ecological integrity of significant values (e.g. linkages, buffers etc.) whether in their present or potential state.
Protection of the Short Spur Creek and its margins will serve to maintain and improve the flathead galaxies habitat.
Management Issues:
(a)Fencing/Earthworks. Approximately 2.5km of new fencing will be required. There is an existing riparian fence which cris-crosses the proposal. This fencing can be utilised although adjustments will be required at points where it crosses Coal Creek. Fences will require regular inspection and maintenance. At present the likely barriers preventing brown trout moving into galaxiid areas from Richmond Creek arc low water levels, cattle damage to wetland areas resulting in reduced stream channel width and a natural weir above the confluence. To maintain protection of the galaxiids from the brown trout, riparian fencing should not include the cattle damaged wetland areas. Leaving these areas open to stock will help maintain the physical barriers to trout invasion. The natural weir may need to be made more permanent to ensure trout do not enter the proposed conservation area. Exact location of the downstream end of fences should be determined with fish specialists present to ensure the distributions of fish species arc correctly assessed. Grazing should cease on completion of tenure review and new fencing. Provision for stock access to water within the riparian protection zones can be negotiated if required.
(b) Monitoring: Periodic galaxiid surveys will be essential.
(c) Community Relations: Fostering good relationships with landholders will be essential for this proposal to be effective.
2.1.5 Name: Lindis River Recreational Area (Geordie Hills Pastoral Lease)
Existing status: Pastoral lease
Authority: s.35 (2)(a)(ii) CPLA
Proposal: That an area of approximately 5 hectares be designated as a recreation reserve for the purpose of providing an area for recreation and the physical welfare and enjoyment of the public and for the protection of the natural environment. It is proposed that subject to agreement being reached that the area is vested with the Central Otago District Council under Section 26 Reserves Act 1977.
Description: The area is adjacent to the Lindis River and SH8.
Justification: The area is currently popular with campers, picnickers and fishermen. SH 8 is subject to a high and increasing level of use by domestic and foreign visitors. It is not considered the role of DOC to actively seek responsibility for such areas with limited inherent natural or historic values. Nevertheless tenure review represents an important opportunity to restore areas to public ownership for recreational use. Comments from NGO's identified the need for riverside access and recreational opportunities along the Lindis River. Local authority commitment to this proposal will be required for DOC to support.
2.2 Land to be Restored to or Retained in Crown Control (Qualified Designation)
Not Applicable
2.3 Existing Reserve
Not Applicable
2.4 Existing Conservation Area:
Not Applicable
2 Land Being Disposed of Subject to a Protective Mechanism
2.5.1 Name: Chain Hills/Dunstan Creek (Shirlmar, Timburn and Longacre Pastoral Leases).
Existing status: Pastoral Lease
Authority: s.40(1) (b) CPLA
Proposal: That an area of approximately 2600 hectares be designated as freehold subject to the creation of a protective mechanism for the purpose of preserving the natural environment and landscape amenity. Key features of the covenant will be to confine grazing to sheep only, restrict further subdivision and tracking, prevent tree planting, confine AOSTD to below 1000m and to allow the Department of Conservation to undertake control of wilding pines.
Description: The proposal encompasses all those parts of Shirlmar, Longacre and Timburn pastoral leases lying within the Dunstan Creek catchment and areas with high natural values on the western flanks of the Chain Hills on Timburn, Longacre, and Shirlmar pastoral leases. Vegetation within the area comprises {1) induced short tussock grasslands/exotic pasture (reliant on continued fertiliser application to prevent further hawkweed invasion) on sunny aspects (2) Chionochloa rigida grasslands on shady faces on the eastern flanks of the Chain Hills (3) C. macra grasslands on the western flanks of Mount Misery and (4) native shrublands containing kowhai in an area known as Airstrip Gully on the western flanks of Chain Hills.
Justification: A conservation covenant is considered an appropriate form of protection in that the area as management issues arc straight forward, continued application of inputs is desirable over much of the area and recreational needs can be met through the creation of public access easements (see proposal 2.5.5). Although conservation values arc not threatened by current land use practices a change in land use or an intensification of current activities could threaten the areas inherent natural values.
The land is characterised by areas that have the following significant inherent values:
Areas which alone or collectively sustain the special natural quality and integrity of the High Country landscape, especially the indigenous component.
The upper reaches of Dunstan Creek have been identified as having high landscape values. The vast open landscape epitomises the South Island pastoral high country. Natural landforms dominate with little in the way of tracking, cleared fencelines, plantations, buildings or wilding trees. The proposal significantly contributes to the landscape character of the Lindis Ecological District.
Areas which make a special contribution to the overall quality, natural functioning and ecological integrity of significant values (e.g. linkages, buffers etc.) whether in their present or potential state.
Land neighbouring the proposal on adjacent pastoral leases appears to have trig inherent natural values. If these areas transfer to the conservation estate under the tenure review process, the proposed covenant area will provide an important buffer zone between intensively farmed areas and lands being managed for conservation purposes. The buffer will help prevent an abrupt transition between intensively used land and conservation land and will assist with management of potential weeds and pests including wilding pines.
Type localities and habitats of species and communities which are at their distributional limits and/or endemic or which have specialised habitat requirements in the High Country, and species, communities habitats or ecosystems which are uncommon and/or endemic in the ecological district.
A mixed Olearia odorata shrubland containing numerous kowhai trees (including juveniles) in an area known as Airstrip Gully on Longacre provides some insight into the composition of shrublands/woodlands which are likely to have been widespread prior to a dramatic increase in fire frequency following the arrival of humans in New Zealand. Semi intact shrublands dominated by native species are now uncommon in the ecological district.
Significant Inherent Values Associated with Recreational Resources
Settings of high natural or historical value for outdoor recreational opportunities in the High Country.
Dunstan Creek is well known amongst fishermen, mountain bikers, four wheel drivers and horse trekkers for it superb landscape and remote qualities.
Management and Boundary issues:
(a) Community Relations: For the covenant to be effective, regular inspection and landowner liaison will be essential.
(b) Weed and Pest Control: As the covenant places significant restrictions on future landuse, DOC may be required to make some future contributions to weed and pest control. This is likely to involve some contribution to rabbit control (the area's rabbit proneness is low to medium), removal of a small number of willows from waterways and maintaining a vigilance for wilding pines. Exact details will need to be determined through the consultation process.
Type of Protective Mechanism: Conservation Covenant under section 77 Reserves Act (1977) in perpetuity.
2.5.2 Name: Short Spur Creek (Poison's Block - Shirlmar Pastoral Lease).
Existing status: Pastoral Lease
Authority: s.40(1)(b) CPLA
Proposal That an area of approximately 110 hectares be designated as freehold subject to the creation of a conservation covenant protective mechanism for the purpose of preserving freshwater life habitat. Key features of the covenant are that it will confine grazing to sheep only and place strict controls on earth disturbance activities. Maintenance of existing AOSTD is acceptable.
Description: The area comprises that pan of the headwaters of Short Spur Creek not proposed for protection as a conservation arc-a under proposal 2.1.3.
Justification: The proposal provides for additional protection of the freshwater fishery habitat in Short Spur Creek described under proposal 2.1.3 (proposed riparian conservation area for protection of Flathead galaxiids).
Habitats of threatened species (including those which are regionally threatened).
Flathead galaxies is a Category I threatened species (Molloy 1994) This ranking means it is a species on which little information exists, but based on existing evidence is considered to be threatened.
Type localities and habitats of species and communities which are at their distributional limits and/or endemic or which have specialised habitat requirements in the High Country, and species, communities habitats or ecosystems which are uncommon and/or endemic in the ecological district.
The highest conservation priority for freshwater fish in Otago are species in the Otago galaxiid complex. This group of non-migratory galaxiids is the most distinctive feature of the region and the group is restricted to Otago, Southland and Stewart Island. The restricted range of some of the species and the range of threats presently affecting them means long term survival for some of these species is far from certain. Genetic evidence indicates the complex consists of numerous species and genetically distinct populations. The limited gene flow among populations within species, especially among catchments will mean there is a need to protect populations throughout their range to retain the genetic diversity present within each species. To protect this full range of galaxiid biodiversity considerable conservation effort is required. Protection of non-migratory and landlocked galaxiid and bully populations over the full geographic range of the species is required. Populations in different river systems and even within river systems can be genetically isolated from other populations of their species and are free to adapt to local conditions or undergo genetic drift, leading to locally distinct gene pools and eventually new species. Protection of populations over a wide geographic and environmental range will protect the genetic diversity of each species and the process of speciation (Allibone 1997). Flathead galaxies is the only non-migratory galaxiid known from the Upper Clutha Valley, its range in this region is very much reduced from its estimated pre-European distribution. In total only six remnant populations are known form the area.
Areas which make a special contribution to the overall quality, natural functioning and ecological integrity of significant values (e.g. linkages, buffers etc.) whether in their present or potential state.
Removal of cattle from the area will serve to improve the riparian zone and water quality in Short Spur Creek in turn improving flathead galaxias habitat.
Management and Boundary Issues: Minimal - covenant inspection should occur during site visits to the riparian conservation area described in proposal 2.1.3.
Type of Qualification: Conservation Covenant under section 77 Reserves Act (1977) in perpetuity.
Attachment Terms and conditions
2.5.3 Name: Tim Burn Right Branch (Lower Murray's Block -Shirlmar Pastoral Lease).
Existing status: Pastoral Lease
Authority: s.40(1) (O CPLA
Proposal: That an area of approximately 95 hectares be designated as freehold subject to the creation of a conservation covenant for the purpose of preserving freshwater life habitat. Key features of the covenant are that it will confine grazing to sheep only and place strict controls on earth disturbance activities. Maintenance of existing AOSTD is acceptable.
Description: The proposed covenant is over a fenced block which straddles part of the headwaters of the Right Branch of the Tim Burn.
Justification: Excluding cattle from this area will improve the native fishery habitat. In terms of the DOC CPLA standards the proposal meets the following criteria:
Habitats of threatened species (including those which are regionally threatened)
Flathead galaxies is a Category I threatened species (Molloy 1994) This ranking means it its is a species on which little information exists, but based on existing evidence is considered to be threatened.
Type localities and habitats of species and communities which are at their distributional limits and/or endemic or which have specialised habitat requirements in the High Country, and species, communities habitats or ecosystems which are uncommon and/or endemic in the ecological district.
The highest conservation priority for freshwater fish in Otago are species in the Otago galaxiid complex. This group of non-migratory galaxiids is the most distinctive feature of the region and the group is restricted to Otago, Southland and Stewart Island. The restricted range of some of the species and the range of threats presently affecting them means long term survival for some of these species is far from certain. Genetic evidence indicates the complex consists of numerous species and genetically distinct populations. The limited gene flow among populations within species, especially among catchments will mean there is a need to protect populations throughout their range to retain the genetic diversity present within each species. To protect this full range of galaxiid biodiversity considerable conservation effort is required. Protection of non-migratory and landlocked galaxiid and bully populations over the full geographic range of the species is required.
Populations in different river systems and even within river systems can be genetically isolated from other populations of their species and are free to adapt to local conditions or undergo genetic drift, leading to locally distinct gene pools and eventually new species. Protection of populations over a wide geographic and environmental range will protect the genetic diversity of each species and the process of speciation (AIlibone 1997).
Flat head galaxies is the only non-migratory galaxiid known from the Upper Clutha Valley, its range in this region is very much reduced from its estimated pre-European distribution. In total only six remnant populations are known to persist.
Areas which make a special contribution to the overall quality, natural functioning and ecological integrity of significant values (e.g. linkages, buffers etc.) whether in their present or potential state.
Removal of cattle from the area will serve to improve the riparian zone and water quality in the Tim Bum Right Branch in turn improving flat head galaxies habitat.
Management and Boundary issues: Minimal - covenant inspection should occur during site visits to the riparian conservation area described in proposal 2.1.1).
Type of Qualification: Conservation Covenant under section 77 Reserves Act (1977) in perpetuity.
Attachment Terms and conditions
2.5.4 Name: Public Access to Lindis Peak
Existing status: Pastoral Lease
Authority: s.40 (1)(b) CPLA
Proposal That legal public foot and mountain bike access be secured over the main farm track on the property which starts near the homestead and climbs to the summit of Lindis Peak.
Description: Lindis Peak (1 226m) is the highest point on the property.
Justification: The proposal is consistent with the objects of Part 2 of the CPLA in that it secures public access to and enjoyment of reviewable land. The view from the summit is one of the most extensive in Central Otago with a vista including the St Bathans Range, Dunstan Mountains, Chain Hills, Dunstan Range, Kakanuis, McKerrow Range, Crown Range, Peaks of the Shotover, Pisa Range, Nevis Mountains, Remarkables, and numerous peaks of the Main Divide from the headwaters of the Hopkins valley in the north to Mount Aspiring in the south.
Management and Boundary issues: It is not envisaged that this route will be physically implemented in the short term. When the route is established approximately five styles, basic marking and sign-posting will be required.
Type of Protective Mechanism: Easement in gross under Section 12 of the Reserves Act 1977.
Attachment: Terms and conditions
2.5.5 Name: Public Access to Chain Hills and Dunstan Creek (Timburn, Longacre, Merivale and Shirlmar pastoral leases).
Existing Status: Pastoral Lease
Authority: s.40 (1)(c) CPLA
Proposal: That legal public foot, mountain bike and horse trekking access be secured over several farm tracks which provide access to the Chain Hills, Dunstan Mountains (to the south), Dunstan Range (to the north) and to Dunstan Creek.
Description: The proposal involves a number of well formed tracks on four pastoral leases. Access to legal road ends is available at two points; one near the Timburn Homestead and the other at the end of Goodger Road on Merivale pastoral lease. The easement is to provide for DOC implementation and management (sign erection, route marking etc.).
Justification: The proposal is consistent with the objects of Part 2 of the CPLA in that it secures public access to and enjoyment of reviewable land.
In terms of DOC policy the route is of priority as:
Legal and practical public access through land being freeholded should be secured to existing reserves, conservation areas or national parks where this would enhance reasonable and convenient public access to such areas.
The proposed easement provides access to land with high inherent values proposed for protection under a conservation covenant.
Important linkages for public access between areas managed or likely to be managed for public ownership, and important routes between road ends should be secured.
The proposal provides access to adjoining reviewable land on the Dunstan Range Dunstan Mountains western flanks of the St Bathans Range.
Management and Boundary Issues: Development of the proposed Chain Hill Crest Route and southern route to the Crest of the Chain Hills are not considered to be an immediate priority. Development of the Goodger Road End - Coal Creek - Tim Burn homestead loop and northern route over the Chain Hills are considered priorities for implementation. Signage will be required at four points
(1) Goodger Road End
(2) near Tim Burn homestead
(3) base of western flanks of the Chain Hills and
(4) on the floor of the Dunstan Creek valley. Marking will be required at points where tracks diverge. Issues relating to deer fencing and horse access require consultation with affected lessees.
Type of Protective Mechanism: Easement in gross under Section 12 of the Reserves Act 1977.
Attachment: Terms and conditions
2.6 Other qualified Designations
Not Applicable
3.0 Exemption or variation of a marginal strip width
Not Applicable
4. Other Matters
4.1 Freehold Land to be Restored to or Retained in Full Crown Ownership and Control
Name: Nine Mile Hotel Site
Existing status: Freehold title farmed with Nine Mile Pastoral Lease.
Authority: s.30 and s.35 (2)(a) (ii) CPLA
Proposal That an area of .8904 ha hectares described as Section 2 Blk XVIII Lindis SD SO 5390 currently held under freehold title by the lessees of Nine Mile be included in the tenure review. Subject to agreement of the landowners the area should be designated as a Historic Reserve for the purpose of protecting and preserving in perpetuity such places, objects, and natural features and such things thereon or therein contained as are of historical, archaeological, cultural, educational, and other special interest to be managed by the Department of Conservation.
Description: The Lindis Pass Hotel is an extensive stone ruin lying between the road and the river at the northern end of Goodger's Flat. The building is still largely intact. There are two out buildings; a small shed immediately adjacent to the hotel and a garage or stable a short distance away.
Justification: The land is characterised by areas that have the following significant inherent values:
Significant Inherent Values Associated with Historic Places and Cultural Resources:
Reflects important and representative aspects of human activities in the High Country.
The hotels origin in the gold rush days and subsequent changing functions over the years provides a fascinating insight into local history, right up until the building was ended its useful days as a residence for an employee of the local rabbit board in 1951.
Is associated with events, persons and ideas of importance in the High Country.
In 1861 the Lindis River was the scene of the first gold rush in Otago. the hotel's origin is as a store dating back to that time.
Has the potential to provide significant knowledge of human activities in the High Country.
In conjunction with neighbouring sites described in proposals 2.1. 1 the old hotel is an ideal site for erection of interpretation
Forms an important part of the wider historic and cultural complexes and landscapes of the High Country.
the sites location near the first gold strike in Central Otago makes this area a particularly important historic site complex.
Significant Inherent Values Associated with Recreational Resources:
A setting of high natural or historical value for outdoor recreational opportunities in the High Country.
The area is also of high recreational value and is frequently used for picnicking and camping.
Management and boundary issues: These issues are addressed in proposal 2.1.1
4.2 NGO Concerns. An early warning meeting was held with NGOs in Alexandra on Thursday February 11 1997. A written report was prepared by Federated Mountain Clubs for the meeting. Most issues raised have been addressed in this proposal. Comment is provided below where NGO recommendations have not been catered for.
Geordie Hills: (1) Landscape protection is recommended for the Lindis Pass scenic corridor -protection of this highly modified landscape is an RMA issue. (2) Short walks from SH8 desirable - walking opportunities arc adequately catered for in Shirlmar Longacre Nine Mile and Timburn proposals. (3) Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities - marginal strip issue will be addressed through tenure review process.
Longacre: (1) Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities - marginal strip issue will be addressed through tenure review process. ('2) Landscape protection is recommended for the Lindis Pass scenic corridor - protection of this highly modified landscape is an RMA issue.
Shirlmar: (1) the pylon route is seen as being important for horse trekkers and mountain bikers-pylon route is on or close to a legal road line. (2) Landscape protection is recommended for the Lindis Pass scenic corridor- see previous comment for Longacre.
Merivale: (1) Access through Merivale to Dunstan Creek is seen as being important - not addressed as it is considered that two public access routes into the area is adequate. (2) Suggest that the pylon route is important for recreationists - not addressed (see previous comment). (3) Landscape protection is recommended for the Lindis Pass scenic corridor - see pervious comment. (4) Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities - marginal strip issue will be addressed through tenure review process.
Timburn: (1) Horse, mountain bike or vehicle accesses to the top of Mount Misery - addressed in part; provision of legal vehicle access is generally a local authority responsibility. (2) access to the Dunstan Creek via Dunstan Pass and access along McPhies Ridge- addressed via an alternative route (3) Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities - marginal strip issue will be addressed through tenure review process. (4) Landscape protection is recommended for the Lindis Pass scenic corridor - see previous comments.
Nine Mile: (1) Suggest public access up Camp Creek should be retained so as to maintain opportunities during future tenure reviews to negotiate public access routes through to Lake Hawea and north to the Timaru Creek/Longslip area - not addressed as such a route involves access through freehold land on adjoining properties and therefore cannot be achieved through the tenure review process. (3) Suggested that the summit of Lindis Peak is worthy of protection in conjunction with a rocky area which is reverting to scrub which extends down the North face of the property to Camp Creek - this area does not have sufficient inherent natural values to be formally protected through the tenure review process. (4) Effectiveness of marginal strips on Lindis needs investigation in order to protect riverside recreational opportunities - marginal strip issue will be addressed through tenure review process. (5) Historical/recreational interest surrounding the old Lindis Hotel is noted - these issues are addressed in proposal.
5. Attachments
5.1 Additional Information
(i) Terms and conditions of qualified designations
(ii) Terms and conditions of protective mechanism
5.2. Illustrative Map
Public Access
New Zealand
15 August 2002
Commissioner of Crown Lands
C/- DTZ New Zealand
P O Box 27
Alexandra
Submission on the Lindis Group Tenure Review Preliminary Proposal
Through a combination of semi arid climate and a lengthy history of pastoral use, the Lindis group of six properties are highly modified, with only limited areas retaining a natural vegetative character.
The main public interest value of the properties is for their potential for extensive recreation via a variety of access routes. This activity, in modified hill and high country settings, will provide a welcome addition to public recreational opportunities. The Dunstan Creek frontage of the Chain Hills is part of a wider high country landscape of exceptional value.
PANZ supports the Preliminary Proposal, with modification to improve the public outcomes and compliance with the requirements of the Crown Pastoral Land Act. None of what we have to say is "new information", in terms of the narrowly constrained criteria officially used to assess submissions. However the matters we raise must be reconsidered, along with aspects of earlier decision-making, if the public submission process is to have any meaning and effect. The CCL is obliged to satisfy public law requirements in regard to open-minded consideration of public input into official proposals, irrespective of any the constraints in the way of this that arise through adopted Standard Operating Procedures.
Public Access New Zealand wishes to comment on the following aspects of the review
As we identified in the early warning meeting for these properties, DOC has confirmed that the Dunstan Creek catchment has high landscape values that warrant active protection. As DOC states (Conservation Resources Report, p 42), "Dunstan Creek with its open landscape and wilderness qualities provides a high quality recreational experience". A lack of practical legal access into Dunstan Creek has been a major deterrent to wider public appreciation of this area.
DOC's original recommendations for protection of the Chain Hills (p55), on recreational grounds, made the following justification for a conservation covenant-
"Recreation
The area currently represents an exceptional backcountry recreational experience. Further land development in this area stands to compromise the values, which make up the wilderness qualities of the entire headwaters of Dunstan Creek.
NGO s during consultation considered that it is essential to protect the landscape and wilderness qualities of this area. A special lease was considered desirable although it was conceded that a covenant may be appropriate. Provided a covenant is well prepared and adequately administered such a mechanism stands to be effective as conservation objectives are relatively clear-cut." (our emphasis).
The conservation objectives for this area are clear-cut. The draft conservation covenant specifies (2.1.1 and Background 'C') that the objective is the preservation of the natural environment and landscape amenity (our emphasis). We fail to see that oversowing and topdressing, and cattle grazing can preserve this environment; rather these developments and activities will further degrade the environment. All the covenant achieves is a prohibition on direct actions such as new earth disturbance, structures, tree planting, removal of plant material (other than by grazing), and burning, but even these could occur with Crown approval.
There is discretion to prepare a joint management plan, but no express public process for doing so.
Despite an objective of the covenant being (2.1.2) - "to provide, subject to this Covenant, freedom of access to the public for the benefit, enjoyment and recreational use of the Land" (our emphasis), the terms of the covenant seriously undermine this objective.
The Owner may:
"Temporarily decline access to the Land for reasonable farm management reasons" (4.2.1)
"Limit access to specified tracks" (4.2.2)
"Charge for use of facilities or services provided by the Owner" (4.2.3)
"Prohibit any person from bringing onto the Land any animal, gun, or vehicles (4.2.3)
Trespass rights continue to apply (8.2)
Whilst there is stock present, we do not take issue with 4.2.3, however we believe all the other powers are capable of abuse to the detriment of public use and enjoyment.
There is an ambiguity in limiting access to specified tracks. Does this mean that access will be confined to those routes covered by access easements (being separate encumbrances on the Land to that created by covenant), or that the intention is for public access and enjoyment over all the land under covenant?
The potential for 4.2.2. and 4.2.3 operating in conjunction provides a monetary incentive to limit public use, quite contrary to the espoused objectives of the covenant. This is entirely unacceptable. We submit that the terms of the covenant are obviously contrary to Crown's obligations under Part 2 CPLA to -
24(a) (i) Promote the management of reviewable land in a way that is ecologically sustainable:
(b) To enable the protection of the significant inherent values of reviewable land
(c) (i) The securing of public access to and enjoyment of reviewable land
- and therefore the CCL is obliged to review all previous decisions in this regard.
Reproduction of the objects of Part 2 of the CPLA in the 'Summary of the Preliminary Proposal' with unsubstantiated official claims that this agreement, and any others, comply with the Act no matter the degree they conform or don't conform to the objects, is no discharge of the CCL's obligation to abide by the law.
We are also concerned that the terms of the covenant could be amended at any time by agreement between the parties, or even extinguished in total, without any public process. There is therefore no long-term assurance that the protective mechanism will persist, notwithstanding the agreed registration "in perpetuity" of this encumbrance against freehold titles.
Due to the insecurity of the proposed covenant and the inadequacy of its protection of the natural environment and landscape amenity, we submit that this area instead become a conservation area, subject to a publicly prepared management plan, and the issuing of grazing concessions in accordance with that plan.
We support the creation of a recreation reserve beside the Lindis River in an area traditionally used for camping. This will be a valuable provision that meets a real need. If DOC or the local authority will not accept vesting of control over this reserve, we recommend that it remain Crown land, for recreation purposes.
We are concerned that Diagram F of the Preliminary Proposal does not coincide with the area proposed for Crown retention in the Designations Plan, or Diagram G. The Designations Plan depicts continuous Crown retention between the historic (R3) and recreation reserves (R4), whereas the small scale Diagram G does not. Our inspection indicates that all the narrow strip of land ownership between the state highway and the river should be retained in Crown ownership.
The nearby proposed reservation for historic purposes is welcome, encompassing historic gold workings and the old Lindis Hotel ruins. This area has recreational value, independent of historic value. The reserve should be managed for both purposes. We applaud the owners of the freehold hotel site for their willingness to include this site in the tenure review and for agreeing to its transfer to the Crown.
We welcome the intention of creating a network of public access ways to and along the Chain Hills, from both northern and southern approaches from the Lindis Valley. Continuation of that access into Dunstan Creek, and up the spectacular viewpoint of Lindis Peak, are essential components of tenure review. However our support for such should not be interpreted as agreement that the mechanisms proposed are in accord with the duties of the Crown to " secure public access to and enjoyment of reviewable land" under section 24(c)(i) CPLA. The lack of security of use, the absence of provision for horse riding, and the ability to suspend use, are unacceptable outcomes which must be rectified. Further comment on these aspects follows.
Lack of security
We note all the proposed public access easements are under
section 12 of the Reserves Act, whereas all the DOC management
easements are secured under section 7(2) of the Conservation Act.
DOC recommended (Conservation Resources Report, Recommendation
13) that all access routes be established as easements under Section
7(2) Conservation Act (1987), however this has not occurred.
To date, section 7(2) has been used for easements in tenure reviews. This section creates a Crown interest in land that, through other provisions in the Conservation Act, requires public notification and objection procedures if disposal of that interest is proposed.
Section 12 Reserves Act provides no such protection. The Minister can acquire interests in land to provide recreational tracks in the countryside, but without any statutory restraint on disposal of those interests. As a minimum, all easements should be secured under section 7(2) Conservation Act.
PANZ does not favour easements as the preferred means of "securing of public access to and enjoyment of reviewable land" (s24(c)(i) CPLA), because of the inherent insecurity of these mechanisms, notwithstanding any express protections that may exist against their disposal or modification. Section 126G of the Property Law Act provides overriding powers for extinguishment or modification of easements through the Courts, without any public process.
We note that all the public access easements are in gross, rather than appurtenant to lands held by the Crown as in the case of the DOC management easements. While these public easements should be in gross, because that are not attached to particular parcels of Crown land, there is no necessity to create them under section 12 Reserves Act. They should be created under section 7(2) Conservation Act to provide a measure of public protection against future disposal. We submit that failure to provide this minimal level of public security is a failure to comply with section 24(c)(i) CPLA. We are aware of one other easement in gross for public purposes arising from tenure review. This is proposed for Double Hill Station in the Rakaia Valley, and is to be subject to section 7(2) Conservation Act. Therefore it appears that there is no legal obstacle to this same mechanism being used for all the public easements over the Lindis Group of properties. We submit that this be done.
Our preferred mechanism for public access provision over freehold is the dedication of public paths, as legal roads, for specified classes of user, e.g. pedestrians, pedestrians and cyclists, pedestrians and cyclists and horse riders, or all these and motor vehicles. I refer you to all our previous tenure review submissions on this subject. We believe that the security and certainty of public passage provide by public roads, provides the only assurance that the Crown's obligation under section 24(c)(i) CPLA will be fulfilled. As the 'legality' of roads depends on express or implied dedication, rather than survey action, this would provide a considerably cheaper means of securing public access than the proposed easements and their attendant survey costs.
We note that many of the proposed easements cross or overlie existing public roads, and in the case of McPhies ridge for much of its length. We point out that because the public, without exception, already has a right of passage over these roads; it is not legally possible to create easements over them. The proposed intention to create easements could amount to an extinguishment of the underlying roads. The Courts have held that the ONLY lawful means of stopping roads are through express statutory provisions for this purpose. If easements are to be created they must be confined to the sections of track that are not legal road. This of course would require survey definition of roads and easements.
OSH and ACC
We note that in official papers supplied to us in regard to
the Longslip tenure review, the holder raised concerns about Occupational
Safety and Health, and Accident Compensation Commission liabilities
arising from easements over freehold. This is a generic issue
that has not been dealt with in this or any other tenure review.
The CCL's failure to deal with these issues potentially undermines
all easement provisions arising from tenure review. There is no
assurance, despite the express terms of these easements, that
the public right to pass and repass at all times will prevail
over land holders taking action to remove liabilities that may
arise from having members of the public on their freehold. The
holders' solution may be to bar public passage, notwithstanding
the terms of this or other easements.
The dedication of public paths, rather than the creation of public easements, would avoid such difficulties. Paths would be public rather than private property, and unable to be deemed places of work or employment for the purposes of OSH or ACC.
No provision for horse passage
We are most disappointed that no provision has been made for
horse riding along any of the easements. In view of the long history
of pastoral farming, we see no conflicts with other recreational
users, or the environment, from continuation of this historic
activity.
DOC repeatedly identified these routes as being very suitable for horse use-
"Routes into Dunstan Creek are also well suited to horse trekkers" (Conservation Resources Report, 8(b) ).
"From Lindis Peak there is potential to embark on substantial mountain bike, horse or 4WD journeys through Lindis Peaks, Deep Creek Long Gully and Sandy Point Stations to the Clutha"" (Conservation Resources Report, 8(b) ).
In DOC's RECOMMENDATION THIRTEEN, horse trekking access up Coal Creek (Timburn pastoral lease), from County Road to Coal Creek (Longacre pastoral lease and a short stretch of Merivale pastoral lease), from County Road to Dunstan Creek via Shirlmar Pastoral Lease, from County Road to crest of the Chain Hills via Longacre Pastoral Lease, along the Crest of the Chain Hills through Timburn, Longacre and Shirlmar pastoral leases, and on the west side of Dunstan Creek were all recommended for horse riding (Conservation Resources Report).
DOC's 'management considerations' relating to public access raised the possibility of gates permitting walkers, mountain bikers and horse trekkers, but excluding motorised vehicles at track entrances.
We therefore consider that lessee objections to horse use because of "potential problems with use of gates and damage to tracks" (Report on Consultation, p 5) unwarranted. The former can be overcome through gate design, as already intended as part of the West Wanaka tenure review. We believe the latter concern is unwarranted given the year-round presence of stock, including cattle, on these properties. Damage from occasional horse passage would be insignificant by comparison.
We submit that the Crown reopen proposals for horse passage along the public easements, and make this a bottom-line for further progress on this review of tenure.
Dispute resolution
We note mechanisms for resolving disputes between the Transferor
and the Transferee, but there is no provision for public involvement.
Given that "any member of the public" is included within
the definition of 'Transferee', but excluded from any settlement
of disputes, we think it only proper that there be an express
requirement for s49 Conservation Act procedures whenever any change,
or extinguishment, to the terms of public easements are proposed,
or if protracted obstruction or closure of public access occurs.
The Waiorau case shows that neither the CCL or DOC are inclined
to be strong defenders of public rights, therefore "the public"
needs a direct say in proceedings.
Exclusion of schedules
We note an express exclusion of the rights and powers contained
in the Ninth Schedule of the Property Law Act, but not of those
in section 126G which enable modification or extinguishment of
easements through the Courts, without public process. We submit
that section 126G of the Property Law Act be expressly excluded
from the terms of the public access easement.
Temporary closures/suspension
We are concerned about the 'temporary suspension' provisions
of the draft public easement documents. These state that -
"The Transferee may close all or part of the Easement Area and suspend public access to it if it is necessary for the protection and wellbeing of the Easement Area, or for the protection and control of the public".
In view of DOC's partiality towards tourism, iwi, and other private interests at the expense of public recreation, we do not trust the department with powers of considerable discretion and vagueness such as "public safety".
These provisions reinforce the insecure nature of these easements, and their failure to properly comply with "the securing of public access to and enjoyment of reviewable land" as required by section 24 (c)(i) CPLA.
Lambing closure
We are disappointed that closures are proposed 10 October
- 5 December annually over so many of the public easements. We
appreciate that on one route at least, up Lindis Peak, conflict
with lambing is unavoidable, however we wonder if this is necessarily
the case for all the other easements proposed for closure.
This restriction is partly compensated by year-round vehicle access to a carpark at "m" and then by foot or cycle to "n" on the crest of the Chain Hills, along the crest of these hills north to south, and into Dunstan Creek at "r". This access into Dunstan Creek is strategically important, as it will provide the shortest and only all-season access to future public lands in this catchment. The potential ridge-crest linkages north and south from the Chain Hills are also important.
Our welcoming of these year-round accesses should not be interpreted as acceptance of their terms and limitations as outlined above. They should all become public paths, dedicated for all forms of public passage except by motor vehicle. Refer to our web site www.publicaccessnewzealand.org, including our 'Guide to Road Dedication,' for further information on what may be required to achieve this.
Locking of gates
We are concerned with provision in the public easements for
the locking of gates with Transferee (Crown) agreement. Such gates
would provide an obstruction to heavily laden cycles, and certainly
to motor vehicles over easements "l - k" and "k
- m". This provision is an unwarranted and unreasonable degradation
from the supposed purpose of these easements of public passage
at any time. We submit that locking gates is contrary to "the
securing of public access to and enjoyment of reviewable
land" as required by section 24 (c) (i) CPLA, and should
be deleted. "Secure" does not merely mean 'provide'.
It means, "having sure prospect of or from interruption"
(Concise Oxford). Locked gates, and all the other restraints
and discretion to interrupt, or dispose of these public rights,
are in defiance of the terms of the CPLA and totally unacceptable.
The pattern of indeterminate status and location of existing marginal strips within pastoral leasehold, and uncertainty as to what new strips, if any, will be created as a consequence of tenure review, has been repeated on the Lindis Group of leases. The official information supplied to us reveals uncertainty as to whether some riparian areas are road, pastoral lease or marginal strip, whether or not strips exist along Coal Creek, and statements that " the whole of Short and Long Spur Creeks would qualify" for strips, but with no assurance that in fact these will eventuate.
This is an administrative and public policy mess. It must be dealt with as an integral and transparent part of tenure review, so that deficiencies can be clearly identified, further strips created, or alternative reservations or access mechanisms used. The latter can only be implemented through tenure review.
We refuse to accept the CCL's narrow view that marginal strips, arising from this last great Crown alienation of its land interests, is entirely a matter for DOC to determine. It is shameful that this situation is permitted to continue, given the well documented failings of successive Crown land administrations, including the current one, to properly implement the requirements of the Land and Conservation Acts. Tenure review provides the final opportunity for the Crown to rectify its past errors and omissions, and to ensure that present and future public needs for access along the margins of waterways is properly provided for.
We submit that this issue, despite the CCL's decree that it is not his business, is brought to his attention, so that tenure review procedures are amended as a matter of immediate priority.
Yours faithfully
Bruce Mason
Researcher & Co-spokesman