This page last modified 24 March 2003
South Island high country
Otago
leases
Po 170 & Po
261
Kakanui Range
Otago Land District
Tenure review yet to be approved by Commissioner of Crown Lands
Back ... to Po 170 & Po 261 Dome Hills
Knight Frank
LAND RESOURCES DIVISION
DRAFT PROPOSAL to C0MMISSIONER OF CROWN LANDS
Application for Exchange of Property Rights
KF REF: Po170/1 & Po261/1- DOME HILLS I & II
APPLICATION DATE: 16 December 1994
Date of Submission: 23 July 1997
Public submissions
are invited on these proposals by Monday 16 March 1998.
These should be sent to:
The Manager
Knight Frank (NZ) Ltd
P O Box 27
Alexandra
Central OtagoFax (03) 448 9099
Phone (03) 448 6935A copy of a plan which accompanies these proposals can be obtained from the above (not supplied on this Web site because of current difficulties with images).
(1) EXECUTIVE SUMMARY
This tenure review involves two adjoining pastoral leases situated on the eastern side of the Kakanui Mountains covering the entire upper catchment of the North Branch of the Kakanui River. It is proposed that both these {eases be surrendered. Approximately 910 ha (subject to survey) will then be allocated to conservation estate and 6504 ha (subject to survey) will be classified as farmland (including the entire 2583 ha of Po170 70) and disposed of on freehold title to the current lessees. A 960 ha (more or less) open space covenant within the upper part of the Kakanui Mountains will connect the two areas of conservation estate which will also be accessible to the public via a 5 km foot, bicycle and horse access easement along the top of the Kakanui Mountains.
(2) PASTORAL LEASE DETAILS
Pol70:
Legal Description: Sections 7 and 1278R, Block IV and Part Run 504 Kakanui Survey District.
Certificate of Title 386/49.
Area:: 2582.4861 hectares
Lease Details: Term: 33 years from I July 1990
Expiry: 30 June 2023
Rental Value: 5 150,000
Annual Rent: S 2,250 plus GST
Crown Improvements: Nil
Po261:
Legal description: Section 10, Block IV and Part Run 681 Kakanui SD.
Certificate of Title A2/ 1227
Area: 4831.3296 hectares
Lease Details: Tenure Pastoral lease
Term: 33 years from I July 199
Expiry: 30 June 2026
Rental Value: $ 240,000
Annual Rent: $ 3,600 (plus GST
Crown Improvements: Nil
COMBINED LEASE DETAILS:
Stock Limitations:
| Po170 Base Limit | Po261 Base Limit | Po171/261 Personal Limit |
|
| Sheep | 2640 | 4400 | 12750 |
| Breeding ewes | 0 | 2200 | 3500 |
| Cattte | 39 | 0 | 550 |
| Breeding cows | 460 |
LESSEE:
Dome Hills Limited (D J L Douglas, 12 CRD, OAMARU)
LOCATION:
The property is situated on the western side of the Kakanui Range approximately 50 kms west of Oamaru at the top of McKenzie's Road. The property is bounded to the northwest by Po248 Pisgah Downs and to the southeast by Po265 Balmoral. Po308 Clover Flat lies on the western boundary with some DOC estate on the southern boundary (formerly POL 89 held in conjunction with Po260 Longlands Station).
OTHER LAND HELD:
A freehold property of some 247 ha located at Tokarahi is farmed in conjunction with the pastoral lease.
(3) RESOURCE REPORTS:
PROPERTY REPORT:
(a) Aspect: The property has an even balance of sunny and shady aspect
(b) Altitude: 400 m.a.s.l. at the northeastern end of the property rising to 1600 m.a.s 1. on the crest of the Kakanui Range below Mount Pisgah.
(c) Contour: 20% rolling hills located mainly in the northwest, with the balance being steep to very steep land associated with the Kakanui River drainage pattern.
(d) Area Cultivable: 600 ha
(e) Rainfall: 625 to 1000 mm per annum. Easterly drizzle during the summer months combined with low evapotranspiration keeps grass growing during the December - January period.
(f) Water Supply: Good natural water supply via creeks and seepage areas.
(g) Subdivision: 18 main hill blocks and 8 paddocks.
(h) Snow Risk: Occasionally snow lies for several weeks over the whole property during winter, however in an average year snow may lie on land over 1000 metres for 3 months of the year.
(i) Summer Winter Balance: A well balanced property in terms of both sunny/shady country and also summer/winter grazing areas.
(j) Shelter: Natural shelter is provided via ground contour and snow grass cover, with limited areas of tree planting at the northern end of the property.
(k) Reversion: The property has no major weed problem, however some dense matagouri is present adjacent to the Kakanui Stream and hieracium pilosella is present on the barer ridges in places.
(l) Erosion: Limited mainly to high altitude aspects of Crumb Block where some areas of active wind erosion occur mainly on exposed sunny faces. Isolated areas of gully erosion are also present on some steeper areas within the property. Overall. erosion is not a major problem, and is unlikely to increase under current management.
(m) Weeds & Pests: Matagouri is present on some steeper faces adjacent to water courses, and hieracium pilosella is an increasing problem on some bare hill country faces. Pigs and deer are present on the property but are controlled to low levels by recreational shooters.
(n) Soils:
Mountains and Steeplands:
Kaikoura Steepland - of low fertility, weak structure and on steep slopes with a snow grass cover. Gullying and sheet erosion can occur if cover depleted.
Hurunui Hill and Steepland - of medium fertility and good structure; responds well to oversowing development.
Tengawai Steepland - on northerly faces below 700 m.a.s.l. of medium fertility well structured and supporting a healthy snowgrass fescue tussock cover. Good response to oversowing.
Upland Swamps:
Kaherekoau - peaty soils present on areas where drainage impeded by contour. Supporting snowgrass and sphagnum moss. important water storage areas but of limited value for grazing.
Ridges, Hills and Downs:
Kirkliston - above 700 metres; of low fertility, weakly structured and subject to wind blow if vegetation depleted.
Kakanui - on rolling ridges below 700 metres. Medium fertility and responds well to oversowing
Huronui Hill - are also present in these locations.
Kauru - situated on the downlands formed on quart gravels with thin loess cover. Of medium fertility subject to drought and wind erosion. Tunnel gullying can also occur.
Taratu - of low natural fertility; subject to drought but responsive to topdressing.
River Flats and Valley Floors:
Tasman - on low terraces above 610 metres. Recent soils of medium fertility but limited by short growing season.
Recent Tasman - a recent soil occurring on low terraces and fans from 365 - 610 metres. Medium natural fertility with good summer production.
(o) Land Use Capability:
| LUC Class | Area (ha) | % Property | |
| V | 18 | 0.24% | Capable of sustained intensive grazing production from improved grasses and clovers, but subject to periodic flooding which precludes arable us |
| VI | 3601 | 48.58% | Located mainly on valley floors and on exposed ridges, this land is well suited to pastoral use but limited by climatic factors such as shadiness in winter, or exposure to strong winds. |
| VII | 3556 | 47.96% | Suitable for extensive grazing only; but subject to severe limitations due to climatic and soil erodability factors. Steep slopes and low natural soil fertility are predominant features |
| VIII | 239 | 3.22% | Land not suited to grazing use. Mainly comprises skeletal soils, screes, rock falls, bluffs and severely eroded areas |
| 7414 | 100.00% | Total Area |
(p) Cover:
3580 Oversown and topdressed tussock
3834 Native grasses and tussocks
7414 ha Total Area
(q) Production:
4 .5 kg Wool (wethers 19 micron)
3 .0 kg Wool (hoggets 17 4 micron)
90 - 95 % Calving
(r) Previous History:
The present Dome Hills Station is made up of two pastoral leases, Pol 70 and Po261. Po 170 has been held by the Douglas family since 23 July 1919 when D H Guthrie, Minister of Lands approved the transfer of Small Grazing Run 649, Run 504, to Maxwell Douglas. A pastoral lease was eventually issued over this property to John Maxwell Stirling Douglas on I March 1957.
The second pastoral lease comprising Dome Hills Station, Po261, is located to the south of Po l 70 and runs from the Balmoral Huts southwest to the top of the Kakanui Mountains and is bounded to the southeast by Kakanui Spur, to the north by Pisgah Spur and the north branch of the Kakanui River A pastoral lease was first issued on this property on I March 1960 to James Thorp Preston. The land, known as Run 681, was called "Waitaki" and run in conjunction with Po260 Longlands Station at Kyeburn. On 28 May 1971 the Commissioner of Crown Lands approved the transfer of Po261 to J M S Douglas trading as Dome Hills Limited. The two pastoral leases complemented each other in that Pol70 had a large area of shady aspect country which was then balanced by the more sunny aspect of Po261 which by itself was disjointed and difficult to manage due partly to inaccessibility and a lack of sufficient lower country to allow full utilisation of the summer country.
Following amalgamation of the two pastoral leases. a steady programme of subdivision, oversowing, topdressing and stock increases occurred, resulting in the manageable well balanced and economic unit which exists today. One of the most significant changes occurring within recent years has been the conversion of the sheep flock to an entire wether enterprise, which has greatly eased the management input required, due to the avoidance of lambing and ability of wethers to cope with harsh climatic conditions.
3.2 CONSERVATION RESOURCES REPORT SUMMARY:
GENERAL:
Dome Hills is located within the Danseys Ecological District which was surveyed over the summer of 1989/90 as part of the Protected Natural Areas Programme. The Danseys PNAP report published in 1992 recommended that some 800 ha around Mt Pisgah and 40 ha at the top of Kakanui Peak be protected on Dome Hills. Today approximately 3000 ha survives as unmodified native grassland while the balance of the property is either modified tussock grassland that has been oversown and topdressed, or is in exotic Pasture.
BOTANICAL VALUES:
Danseys PNAP Survey Recommendations:
This survey highlighted one major and one minor area on Dome Hills for protection. These are:
(a) Pisgah: RAP 7:
A RAP of 1980 ha of which approximately 800 ha is situated on Dome Hills. This RAP encompasses one of the greatest ranges of vegetation diversity in the Danseys Ecological District, ranging from small alluvial terraces around the stream margins, to slimleaved snow tussock (Chionochloa macra) on the hill slopes.
Some of the steeper shady stream margins have dense shrublands of mountain flax (Phormium cookianum), Dracophyllum longifolium, snow totara (Podocarpus nivalis) and Coprosma spp. The lower slopes are predominantly narrow-leaved snow tussock (C. rigida) with this giving way to C. macra on the higher slopes or shady faces. Some of the higher slopes under Mt Pisgah have cushion vegetation of Luzula pumila, Dracophyllum muscoides and Chionohebe thomsonii i.
(b) Kakanui Peak: RAP 6:
A RAP of 700 ha centred on the Kakanui Peak of which only 40 ha is on Dome Hills. The principle values surviving here are C'. macra where it survives with one of the highest cover rating (>80%) and the gravel and rockland with cushions of f Dracophyllum muscoides, Leucopogon fraseri. Celmisia ramulosa and Luzula pumila.
Balance of the Property:
On Dome Hills, outside the RAP, there is approximately 2200 ha of narrow-leaved tussock grassland that is relatively unmodified. The intertussock species are predominantly native and have not been subject to OSTD, although some areas have been burnt in the past for management purposes
In these areas the tussock cover is shorter in stature and less vigorous The remaining 4415 ha of the pastoral lease is highly variable in cover Shady faces are still covered in patches of snow tussock while the sunny faces and open slopes have a sparser native cover with few native intertussock species. The latter has been largely replaced by introduced pasture grasses.
Outside the RAP, the area of prime botanical interest is the area immediately south of the RAP to Kakanui Peak and Mt Evelyn. While this area is similar to the RAP in many respects, it is primarily an unmodified tussock grassland with good intertussock species. This extended area has a greater species diversity than the RAP itself A small creek beside the Crumb Hut has flax Phormium cookianum, toe toe Cortaderia richardii, ('Coprosma rugosa, Olearia bullata in amongst C. rigida.
The Crumb Spur is a mix of C. rigida and C. macra at the higher altitude and although this tussock lacks the height and vigour of the RAP tussock it is primarily a tussock grassland ecosystem. The lower slopes are a mixture of fescue tussock and tall tussock. Mt Evelyn itself is largely a boulderfield and cushionfield with a diverse range of plants species ranging from Dracophyllum muscoides, Pimelea traversii and South island edelweiss Leucogenes grandiceps on the rocky outcrops. Elsewhere around the top is scattered C. rigida and C. macra along with blue tussock Poa colensoi around the margins of the boulderfields. The lower slope of Mt Evelyn above a farm track has dense snow tussock cover similar to the Pisgah RAP.
Shady slopes above the Kakanui River have vestiges of shrublands surviving but in a very discontinuous and narrow pattern. These shrublands are all highly modified, with exotic grasses forming a major component. The general pattern is a mix of bracken Pteridlium esculentum, Coprosma propinqua, C.. Iinariifolia, broadleaf, Griselinia littoralis,, along with a mix of C. rigida.
The occasional tree f fuchsia Fuchsia excorticata have been recorded also. In some instances the shrubland occurs on the steeper (40 degrees) hill slopes above the river, but are never larger than a few metres square. Indicators of old totara forest survive as old logs Iying amongst the blockfields at 640 m, just above the Kakanui River Burning and grazing have altered these natural vegetation patterns over the balance of the property, and it is largely impossible to link together anything of conservation value. A riparian strip alongside the Kakanui protects the majority of the elements surviving today.
FAUNA:
Insects:
Above 900 metres in the North Kakanui Catchment, native insect communities are of high conservation value, reflecting the naturalness of the snow tussock and stream-side shrub communities. Species of note include the local tussock butterfly Argyrophenga janitae, diurnal moth Aponotoreas insignias and giant dragonfly Uropetala chiltoni
The insects of the high-alpine zone are numerous and spectacular. Dwarf shrublands, fellfield, scree and cushionfieid areas are frequented by a giant weta (Deinacrida connectens),), and black cicada Maoricicada phaeoptera, two species of giant weevil Lyperobius n. spp., and an array of diurnal moths (Notoreas, Dasyuris spp especially)
The alpine insect fauna has close affinities to that of Central Otago but in addition it has its own local endemics shared only with neighbouring ranges such as St Marys and Ida Also a number of species typical of Canterbury alpine areas reach their southern limit on the Kakanui Mountains, particularly close to the highest parts such as Mt Pisgah.
The high-alpine fauna is also represented on Mt Evelyn (1390 m) with substantial fellfield, scree and cushionfield there. Insects of note include the moths Dichromodes n. sp., Paranotoreas ferox and Notoreas n sp., and giant weta. For P. ferox this is the only Kakanui Mountains locality for this uncommon diurnal orange-underwing species
The main river has a typical big river insect fauna including the dobsonfly, green stonefly and widely distributed caddis species, whereas the smaller creeks and seepages that teed it have a much richer and more informative fauna, especially above 1100 metres. Species such as the caddis Oeconesus similis, Psilochorema cheirodes, stonefly Zelandoperla pennulata and scorpionfly Microshorista philpotti are typical of Central Otago but more interesting is the presence of the caddis Philorheithrus agilis (700-1350 m), a species previously only recorded from mid Canterbury northwards. The distinctive stream and seepage insect fauna is best represented on the slopes of Mt Evelyn and north Kakanui River headwaters. A new stonefly species Zelandoperla n. sp was discovered here also.
Lizards:
The spotted and the common skink are the only lizards that have been recorded on Dome Hills to date.
Birds:
Dome Hills contains many of the bird species recorded in the ecological district. In the tussock grasslands the NZ pipit and skylark are common while the NZ falcon ranges over the whole area. The harrier hawk is a fairly common species at the lower latitudes. The shrublands and lower altitude areas have finch, sparrow. chaffinch, blackbird and yellow hammers, while the black shag is common along the Kakanui River
Native Fish:
A freshwater fisheries survey, using a battery-powered back pack electric fishing machine, was carried out on 2 February 1995. Two locations were fished on the north branch of the Kakanui River:
(a) Deep Creek (map reference 141 133E 702N), a tributary stream, and
(b) the headwaters of the main stem and a small tributary in the vicinity of Crumb Hut (map references 141 088E 647N and 087E 651W respectively).
Galaxiids were the most abundant fish at both locations and were identified by Richard Allibone, University of Otago Zoology Department, as common river galaxias (Galaxias vulgaris), a nonmigratory species. This fish, which was previously regarded as common and widespread throughout the South island and Stewart island is now thought to be absent in rivers south of the Waitaki and Kakanui Rivers (R Allibone. C R Townsend, 1995, Galaxiids of the Taieri River Identification, Ecology and Conservation Status - Taieri and Southern Rivers Research Programme).
Brown trout (introduced) were present in Deep Creek but were rare, while bullies (unidentified) were common No brown trout were found at the headwaters site. Brown trout often apparently replace galaxiids by perdition and competition (Allibone and Townsend, 1995) it is likely that some physical restrictions (such as a waterfall) exists between the point where Deep Creek enters the main stem north branch Kakanui and the headwaters adjacent to Crumb Hut.
Protection of the headwaters of the north branch from land use changes and the laying off of marginal strips one either side of the main stem river should be sufficient to ensure that the present healthy population of Galaxias vulgaris- continues to exist. It is also important to ensure that brown trout are not liberated into the Kakanui north branch headwaters in future and that trout do not otherwise find their way into the headwaters (eg, by collapse of whatever physical structure is presently preventing their occurrence there) - this may require human intervention at some stage.
LANDSCAPE:
Dome Hills was surveyed as part of the larger Danseys Ecological District in conjunction with the PNAP survey. The main landscape types on Dome Hills are the "mountain" steepland system, encompassing all the high altitude land above 1300 m around Kakanui Peak and Mt Pisgah; and the "high hills" (dissected) system covering the lower portion of Dome Hills Pastoral Lease.
The "mountains" landscape type is dominated by the homogeneity of the landform and the vegetation. This is made up by the steep gully systems, mountain tops and the broad ridges along with the distinctive snow tussock grassland. The naturalness ranking of the area is high to moderately high as the natural vegetation is largely intact.
The "high hills" landscape type is characterised by deep gorges, prominent rocky outcrops, and shorter spurs and ridges that extend off the main mountain ridges. The vegetation pattern is far less uniform being a mix of tall tussock, short tussock. shrublands and oversown and topdressed areas.
RECREATION:
Legal Access:
Legal access to Dome Hills is available on roads from Livingstone via the McKenzies Road and from Tokarahi via the Balmoral Road. McKenzie Road is metalled for about 4 km beyond Dome Hills homestead and from there a 4WD track continues up the ridge to Mt Pisgah. The road is surveyed as far as Trig D. From there the paper road is unsurveyed, however the Cadastral plan coincides almost exactly with the formed track apart from a stretch between 4 km and 3 km below Mt Pisgah. That section deviates by up to 500 m though an older track continues on the legal line.
From Mt Pisgah the paper road dives directly over the Kakanuis on to the Kyeburn Flats below, before joining up with the Mt Pisgah Road.
The Balmoral Road follows a farm track down to the Kakanui River. On the true right of the Kakanui River this legal road joins the marginal strip which continues to the forks above the Crumb Hut. According to a DOSLI assessment (dated 6 August 1993) of marginal strip requirements at the time of lease renewal. there should be either marginal strips or riverbank reserves on both sides of both the Kakanui River up to GR I41081650 and the full 1ength of Deep Creek within Dome Hills Station. It appears there may be some confusion regarding this on DOSLI records. In any event, in conjunction with the proposed tenure change, marginal strips should be established/confirmed as per the requirements of Section 24 of the Conservation Act 1987 for both water courses within the freeholded part of Dome Hills property
Existing Use:
Recreational use of Dome Hills is low, being largely confined to tramping and shooting. Tramping is confined to the main Kakanuis, with Mt Pisgah and Kakanui Peaks being the usual attractions. These are either climbed from the Pigroot, or by a combination of vehicle access and walking from Pisgah Spur or the Danseys Pass. Winter adds another dimension with possible snow-climbs on to the peaks, or ski touring. The latter can be somewhat unreliable although in good snow years extended ski touring is possible
Hunting is largely confined to pig shooting and depends on farming activities.
Vehicle access is limited to 4WD and some use is made of existing farm tracks for recreational purposes, normally up the Pisgah Spur.
HISTORY:
The European history of Dome Hills is documented in various history books of the region. The most comprehensive is Robert Pinney's book, Early Northern Otago Runs in which the history of Dome Hills is described in the chapters on Stotfold and Longlands.
To the north of Dome Hills are extensive gold workings in and around the Maerewhenua River. No gold was discovered on Dome Hills itself One major water race that starts high in the South Branch of the Maerewhenua River on Pisgah Downs passes through the bottom corner of Dome Hills, while a couple of minor water races have their origins in Awamoko Stream below the homestead
3.3 MINERAL RESOURCES:
We are unaware of any mining licences or prospecting applications currently in place on Dome Hills.
3.4 TOURISM RESOURCES:
Current use within Dome Hills is low, being largely confined to tramping and shooting. Tramping is mainly centred on the main Kakanui Range with Mount Pisgah and Kakanui Peak being the usual attraction
Winter adds another dimension with possible snow climbs onto the peaks, or ski touring Hunting is largely confined to pig shooting, with some limited four wheel driving using existing farm tracks.
Fish and game resource potential is limited due to brown trout being a rarity within the north branch of the Kakanui River and its tributary Deep Creek The deep gorgy nature of the riverine environment is reflected in low numbers of game birds present resulting in the area having little if any game bird value.
(4) PUBLIC CONSULTATION:
4.1 NGO CONSULTATION
Early warning meetings for non Government organisations have been held on 28 February 1995 in Dunedin and again on 27 April 1995 in Oamaru, to discuss issues and assess interest and concerns relating to the possible tenure review outcomes on Dome Hills. The meetings were attended by representatives of the Otago Tramping and Mountaineering Club, the New Zealand Royal Forest and Bird Society (Oamaru branch), North Otago Tramping Club, Federated Mountain Clubs of New Zealand, Central South island Fish and Game Council and Public Access New Zealand. At both meetings, little input was made by the NGO's however the main concerns expressed related to the need for public access for foot and mountain bike up the Pisgah Spur, along the top of the Kakanui Mountains to have access to the conservation area adjacent to Kakanui Peak. and also to connect with any future access on the Pig Root side of the Kakanui's.
It was seen as desirable but of lesser importance that access continue down the Kakanui Spur. All land above 1000 metres within Crumb Block was seen as having conservation value and public use of Crumb Hut was considered desirable
The Miner's Association has previously indicated a desire to protect the future interest of small miners, predominantly gold miners, with particular regard to future access to DOC lands. In a letter dated 25 October 1995 the Miner's Association was invited to comment specifically on the two Dome Hills Pastoral Leases, however no response has been received.
4.2 NGAI TAHU CONSULTATION:
On the 23 February 1995 Mr Trevor Howse inspected the property on behalf of Te Runanga o Ngai Tahu and held discussion with the pastoral lessee
4.3 NEW ZEALAND FISH AND GAME COUNCIL:
The Central South island Section of the Fish and Game Council have made a written submission dated 29 March 1995 assessing the sports fish and game value on Dome Hills. The north branch of the Kakanui River was identified as the only river within the property boundary with sufficient flow to exhibit sports fishery value
An attempt to establish a Rainbow trout sports fishery during the late 1970's/early 80's was notably unsuccessful, as the introduction of spawning fish produced large numbers of juveniles but the tagged adults and progeny soon disappeared. Currently, brown trout remaining are few in number but larger than average for the Kakanui River A waterfall in the main stem some 62 km from the sea, and within the boundary of Dome Hills, probably marks the upstream limit of brown trout. The game bird value of this area is negligible due to the steep gorgy nature of the riverine environment. The retention of a marginal strip along the north branch of the Kakanui River up to the waterfall would be desirable as this area is of interest to a limited number of anglers who obtain enjoyment from "wilderness angling experience".
(5) DISCUSSION AND JUSTIFICATION:
Conservation Perspective - David Douglas initially applied to enter his two pastoral lease properties into the tenure review process on 16 December 1994. Since that date several meetings have taken place to discuss aspects of the tenure review programme and Department of Conservation inspections headed firstly by Mike Clare and latterly, David Gage, have resulted in the completion of a conservation resources report. Prior to this report, the Danseys PNAP report published in 1992 recommended that some 800 ha around Mount Pisgah and 40 ha at the top of Kakanui Peak be protected on Dome Hills The conservation resources report identified some 2400 ha (including the RAP areas) within the back block (Crumb Block) as having high conservation values that warrant the area being transferred to conservation land. Part of this area adjoins the Kakanui Peak conservation area on Longlands above the Pig Root road
After much debate and discussion it has been agreed to create two areas of conservation land encompassing the proposed RAP areas below Mount Pisgah and Kakanui Peak, with the land between being protected by open space covenant administered by QEII National Trust.
DOC had initially desired to include this area as conservation estate to avoid a "patchwork effect" due to isolated pieces of conservation land. Agreement however has been given by DOC subject to assurance of protection of the identified conservation values within the covenant area and DOC membership of the covenant management committee. Objectives of the covenant will include: protection and maintenance of open space values of the land, protection of native flora and fauna, representative high altitude tussock grassland communities particularly vegetation associations, plus protection and maintenance of landscape values including the distinctive mix of landforms and tussock grasslands.
Conditions within the covenant will include no tree planting, a limitation on oversowing and topdressing to below 900 metres, no structures without DOC agreement, stock limited to current levels, and burning limitations.
Pastoral farming will be allowed subject to protection of the previously stated objectives which will be monitored. The tenure review proposal will ensure protection of the conservation values contained within the higher altitude more sensitive areas by way of surrender, removal from grazing and inclusion as conservation land.
On the lower areas where sustainable grazing is available. protection of the conservation values will be ensured through a covenant agreement involving monitoring, the results of which can trigger appropriate adjustment of stock management where this is required to avoid further decline in the values which the covenant is seeking to protect Practical stock management of the covenant area will be facilitated by the erection of a fence separating it from the proposed freehold area within Crumb Block.
Pastoral Perspective - in terms of the pastoral management of this property, careful consideration had to be given to the type and amount of land surrendered or limited in its use through covenant conditions. Dome Hills is a long narrow property extending from a drier zone in the northeast near the homestead to a wetter zone in the southwest adjacent to the Kakanui Mountains. This climatic difference provides an excellent balance for this property which can be prone to summer drought at the homestead. Not only is the Crumb Block therefore an important safety valve in times of summer dryness, but due to low altitude areas within the valley systems, is also productive and safe wintering country.
It was therefore with great reluctance that the lessee agreed to surrender of portions of the Crumb Block due to possible detrimental affects on the balance of the property both for summering and wintering stock. The consequent flow-on affect on the financial viability of the property of any surrender of land or limitation in its use, was therefore a major consideration on the part of the lessee. The decision to use a covenant as a means of protecting conservation values is pivotal to the acceptability of this proposal to the lessee in that continued pastoral use of the land is allowed even though subject to conditions.
NGO Perspective - Access over the property has been a major issue from both the lessee's perspective and the public as represented by the NGO's whose main concern was to have access up the Pisgah Spur to the top of the Kakanui Range and along to and through the proposed DOC area surrounding Kakanui Peak which would also allow the public to utilise any future opportunities for access on the Pig Root side of the range. The lessee was happy to accommodate these access requirements, however he wanted to retain control of public access within the proposed freehold portion of Crumb Block itself to ensure that his stock could safely graze without disturbance.
The combination of public access easements at the top of the range with covenant land below, ensures that the lessee will have control over public access within the main body of the block while also accommodating the NGO's access desires The access requirements of both the public and the land holder have therefore been largely satisfied
(6) PROPOSALS:
(1) The surrender of Po l 70 and Po26 1 under Section 145 of the Land Act 1948 as from 1 January or 1 July following completion of survey.
(2) The allocation of approximately 910 ha of Po26 I to the Department of Conservation as conservation estate
(3) That an easement be registered under Section 7 (2) of the Conservation Act 1987 against the title of the land which is currently within Po261 to cater for public use by foot, bicycle and horse from the top of the legal road up Pisgah Spur, along the crest of the Kakanui Mountains to Kakanui Peak. Down Kakanui Spur and along the track to Crumb Hut are also included in the easement but within the conservation estate only Owner of proposed freehold to have vehicle access rights on existing tracks through proposed conservation estate and DOC to have vehicle access rights on easement through the covenant area.
(4) The classification of an area of approximately 2583 ha from Po l 70 and 3921 ha from Po261, together totalling approximately 6504 ha as "farmland" under Section 51 of the Land Act 1948, and preferential allocation of this land to the existing lessees
(5) That you acknowledge that in conjunction with this tenure review proposal it has been agreed that the following actions will occur:
(a) An open space covenant pursuant to Section 22 of the QEII National Trust Act 1977, administered by the QEII National Trust in association with the Department of Conservation; will be registered on the title in perpetuity over 960 ha of Po261 located on the western side of Crumb Block. The Department of Conservation will be represented on the Covenant Management Committee.
(b) That the marginal strip requirements of Part IV of the Conservation Act 1987 will apply to the proposed freehold area.
PANZ Submission on Dome Hills Tenure Review
13 March, 1998
Ken Taylor
Manager
Knight Frank (NZ) Ltd
ALEXANDRA
Fax 03 448 9099
Dear Ken
I have inspected the property on behalf of PANZ and submit the following comments on the advertised proposals. Please convey to the lessee, David Douglas, our appreciation for agreeing to my visit.
Summary
We do not think that the proposals are a suitable outcome for a tenure review of Crown pastoral lands. It is not proposed to ensure sufficient exchange of rights from the lessee to the Crown to reflect the Crown's interest in the land and the extent of remaining natural values requiring secure protection nor the extent of public recreational interest in the property. We also believe that the proposals are inconsistent with the requirements of the Land Act and that they should not proceed.
Extent of area reserved for conservation purposes
The report records that approximately 3000 ha survives as 'unmodified' or 'relatively unmodified' native grassland, of which 2400 ha within the Crumb block has 'high conservation values'. Yet only 910 ha or 12% of the property is planned to be reserved in public ownership with public use rights. An additional 960 ha between the Mt Pisgah and Kakanui Peak tops is planned to be freeholded but subject to a QEII 'open space' covenant with allowance for grazing, but no allowance for public recreation.
My inspection confirms the official reports that almost all of this area is of comparable natural character, and comparable to lands on adjoining properties that will or should be transferred to the Crown. A patchwork type pattern of land use will result from implementation of the proposals, with the necessity of separating the ungrazed DOC-administered lands from the covenant area. We understand that the intention is to (lightly) bulldoze fence lines. I believe that the accumulative effect of such soil disturbance will result in major detraction to the natural character of the Crumb block, which is the focus of public interest for recreation. With only an intention to "limit" burning on the covenant area, it would be prudent to firebreak the DOC areas, further adding to landscape degradation. This would be a messy and undesirable example for the Crown to be party to.
All the areas of high natural values in the upper Crumb block should be publicly reserved and managed as an integrated whole, with allowance for limited grazing if necessary to achieve agreement with the lessee. We acknowledge that there may have to be further work done to sort out a suitable lower boundary with freeholded lands below. A better focused regime to protect natural values, besides benefiting those values on-site, is also necessary for protecting off-site fisheries values, as the report notes.
Inadequate protection offered by covenant
In some quarters conservation covenants are promoted as providing comparable or even better protection for natural values than that on lands under state control. I believe that such views are seriously flawed and are coloured by political beliefs. We acknowledge that there can be a place for the use of covenants in limited situations in the high country such as in relatively small or isolated sites where protection is not critically important and where it is not necessary or desirable for public visitation. But these factors are not present in the current proposal.
In our view the conditions of the covenant are inadequate because they allow oversowing, topdressing, and burning, all of which are destructive of natural values. There is no restriction on earth disturbance. Other than a prohibition on tree planting, it appears to be "business as usual".
No provision for public recreation in covenant
Consistent with the performance of the QEII Trust, but contrary to the intent of their legislation, there is no provision for public recreation over the covenant area. This is a major failing.
'Open space covenants' are intended for "the maintenance of open space" on private land and are intended "for the benefit and enjoyment of the people of New Zealand". The Trust's consistent failure to provide for the benefit and enjoyment of the public, through provision for recreational use, means that the public are not the beneficiaries of any conservation measures that may be entered into. The beneficiaries are the Trust and the private parties it deals with. Provision of a narrow right of way/easement along the ridge crest only partly caters for recreational needs. Much of the greater covenant area is suitable for general, unconfined recreation but is not provided for.
Despite being a statutory body the Trust is not publicly unaccountable for the management and execution of the covenant. They have consistently failed to consult affected interests in their covenanting actions in the high country, and have repeatedly stated that they consider their negotiations private. The presence of a DOC representative on the 'management committee' will not assure primacy of the public interest, as both DOC's performance and that of the Trust is out of the public eye and beyond political intervention.
We would be most disturbed if the Crown were contemplating paying 'compensation' with public money to the lessee as part of the tenure review in recognition of agreed limitations on land use. If there is any compensation due this should come out of the Trust's funds.
Covenants lack security
Aside from the particulars of this case there are major generic problems with covenants as a means of protecting public interest values. We believe that in the absence of suitable legislative amendments, which seem highly unlikely, that 'improvements' to the proposed covenant will not overcome its inherent failings.
I understand that you have a copy of my August 1994 paper entitled 'Private management of the public interest?'. This contains an exposition on the necessity for state ownership and management and the difficulties created by covenants. In summary these are
I append two pages from a DOC paper on covenants in the high country which provides further insight into their limitations.
I also append a page of extracts from the minutes of the Maori Land Court which related to a Reserves Act covenant, but the principles espoused by the Court could equally apply to open space covenants and the QEII Trust.
Access provisions
The only 'plus' for recreationists to arise from the proposals is the proposed access along the ridge crest between Mt Pisgah and Kakanui Peak. Although this would be useful, we do not think that on balance this provides sufficient public 'compensation' for the freeholding of most of the property. There is a much greater need for secure protection of the recreational setting / natural character as well as actual use of the Crumb block. If the upper Crumb block were reserved for conservation purposes as we suggest, there would be no need for an easement along the ridge.
The other access 'provision' is on Pisgah Spur which is all capable of being used by non-motorised traffic on the existing legal road line. The proposals have been valuable in bringing to greater attention the existence of this access, but does nothing to compensate for the serious inadequacies of the proposals.
Land Act considerations
As the proposals record, a large proportion of the property is Land Use Capability Class VII, being "suitable for extensive grazing only". This is due to "severe limitations due to climatic and soil erodability factors". All of the proposed covenant area is Class VII. The terms of the covenant will expressly permit continuation of pastoral use. It is clearly not intended to cease pastoral use therefore the option of unclassifing the land as a prelude to freeholding under section 67(1) is unavailable.
We have previously submitted to the Commissioner of Crown Lands legal opinion that the freeholding of lands by reclassification from 'pastoral' to 'farm land' under section 51 when not suitable for any type of farming is ultra vires the Land Act. The CCL did not take issue with this view. This land is clearly not suitable for any type of farming. We believe that if freeholding of the Crumb block proceeds then such action would be open to judicial review.
Yours faithfully
Bruce Mason
Researcher & Spokesman
Back ... to Po 170 & Po 261 Dome Hills
CROWN PASTORAL
LAND ACT 1998
DOME HILLS 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 Do me Hills
Limited the holder of the Dome Hills Pastoral Leases.
Legal description of land
concerned:
Pastoral lease land:
Dome Hills I:
Section 7 and 1278R
Block IV and part Run 504 Kakanui Survey District contained in
Land Registry Folio Reference OT386/49 comprising 2582.4861 hectares.
Dome Hills II:
Sections 10, Block IV and part Run 681 Kakanui Survey District
contained in Land
Registry Folio Reference OTA2/1227 comprising 4831.3296 hectares.
General description of proposal:
(1) 1350 ha (approximately) to be designated as
land to be restored to Crown control
as a conservation area under Section 35 (2) (b) (i) of the Crown
Pastoral Land Act
1998 subject to an easement concession.
Easement concession:
An easement under Section 36 (1) (a) Crown Pastoral Land
Act 1998 to provide for
farm management access by the holder of the adjacent freehold.
(2) 6064 ha (approximately) to be disposed of by freehold
disposal to Dome Hills
Limited under Section 35 (3) of the Crown Pastoral Land Act 1998
subject to a
protective mechanism.
Protective mechanism:
A conservation covenant under Section 40 (2) (a) Crown
Pastoral Land Act 1998
over an area 20 metres either side of the North Branch of the
Kakanui River from
the western extent of the marginal strip to the boundary of the
proposed
conservation area.
Further information including
a copy of the Designations Plan, covenant and easement
documents is available on request from the Commissioner's contractor
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 14 March 2003.
SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE REVIEW
OF DOME HILLS PASTORAL LEASES
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
(1) 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 Ac
Appendices:
Appendix 1: Designations plan.
Appendix 2: Draft document for easement concession.
Appendix 3: Draft conservation covenant.
Appendix 4: Information required under Section 39 CPL Act.
1. Details of land under consideration:
1.1 Pastoral lease:
Lease Name: Dome Hills I
Lessee: Dome Hills Limited
Location: Eastern foothills, Kakanui Range
Land Registry Folio Ref: OT386/49
Legal Description: Section 7 and 1278R, Block IV and part
Run 504 Kakanui Survey District
Area: 2582.4861 ha
Local Authority: Waitaki District Council
Term of Lease:33 years from 1 July 1990
1.2 Pastoral lease:
Lease Name: Dome Hills II
Lessee: Dome Hills Limited
Location: Eastern slopes of the Kakanui Range
Land Registry Folio: OTA2/1227
Legal Description: Section 10 Block IV and part Run 681 Kakanui
Survey District
Area: 4831.3296 ha
Local Authority: Waitaki District Council
Term of Lease: 33 years from 1 July 1993
2. Proposal:
2.1 Land to be designated as land to be restored to Crown control as a corservation area (under Section 35 (2) (b) (i) of the Crown Pastoral Land Act 1998):
Area: 1350 ha (approximately) (shown edged pink on the plan in Appendix 1).
Easement concession:
An easement under Section 36 (1) (a) Crown Pastoral Land Act 1998 over the route marked "a-b", "c-d", "e-f", "g-h", "i-j", and "k-l" on the plan attached in Appendix 1. The terms and conditions of this concession are contained in the draft concession documents attached in Appendix 2.
2.2 To be designated as land to be disposed of by freehold disposal to Dome Hills Limited (under Section 35 (3) Crown Pastoral Land Act 1998) subject to a protective mechanism.:
Area: 6054 ha (approximately) (showed edged green on the plan attached in Appendix 1).
Protective Mechanism:
A conservation covenant under section 40 (2) (a) Crown Pastoral Land Act 1998 over an area 20 metres either side of the North Branch of the Kakanui River from the western extent of the marginal strip to the boundary of the proposed conservation area. The terms and conditions of this covenant are contained in the draft covenant document attached as Appendix 3.
3. Description of Proposed Designations:
3.1 Proposed conservation area:
Area: 1350 ha (approximately)(showed edged pink on the plan attached in Appendix 1).
This area contains the headwaters of the North Branch of the Kakanui River. The altitude rises from approximately 800 metres in the valley floors to in excess of 1500 metres at Kakanui Peak and adjacent to Mount Pisgah. This area also adjoins existing conservation land adjacent to Kakanui Peak.
This area contributes to the natural landscape character of the uplands of the Kakanui Range and the Dansey Ecological District.
The proposal contains a small part of Dansey RAP 6 Kakanui Peak and a sign)ficant part of Dansey RAP 7, Pisgah. This particular area contains vegetation which is highly representative of the area and also has high diversity. The naturalness of the area is also moderately high. The range of vegetation types from the valley floors to the crests of the range encompass a very diverse vegetation mix.
The tussock grasslands include Chionochloa rigida on the lower slopes giving way to Chionochloa macra on the higher slopes and shady faces. Within the deeper shady stream margins are examples of mountain flax (Forium cookianum, Dracophyllum longifolium, snow totara (Podocarpus nivalus, and coprosmas. The higher slopes include cushion vegetation species such as Luzula pumila, Dracophyllum muscoides and Chionohepe thomsonii.
On the southern boundary of the area is a bolder field/cushionfield with a diverse range of plant species relating to this environment. These include Dracophyllum muscoides, Pimelea traversii and the South Island Edelweiss (Leucogenes grandiceps). The blue tussock (Poa colensoi) is noted around the margins of these bolder fields.
A diverse insect fauna has been identified within this area. Of note this includes the local tussock butterfly, a diurnal moth and the giant dragonfly. Within the high alpine zone the giant weta (Deinacreda connecters) and black cicada (Maoricicad phaeoptera). The alpine insect fauna has close affinities to that of Central Otago but in addition it has its own local endemics shared only with neighbouring ranges such as St Marys and Ida. Also a number of species typical of Canterbury alpine areas reach their southern limit on the Kakanui Mountains particularly close to the highest parts such as Mount Pisgah. A diverse aquatic fauna was also identified in the upper catchment area. This included a new stone fly species. The only avi fauna of note was the New Zealand falcon which is a Category B threatened species. No specific information is available on the fish life of these streams but it is noted that a waterfall downstream of the proposed conservation boundary probably prevents the migration of trout into the upper reaches.
The proposed conservation area is some considerable distance from any main highways but does provide a back country physical setting for recreational use. The crest of the range is accessible by vehicle in good conditions and by foot by way of a number of routes. Extensive views are available from the range crest and the main mountain peaks. When linked with other areas including the current conservation area the area does contain potential for backcountry recreational uses. In time the tracks on the crest of the range could be of interest of mountain biking.
3.1.1 Easement concession:
The proposal includes the ongoing use of high altitude tracks where these lie within the proposed conservation area. Continued use of these tracks by the adjacent land is important to provide upper level access for mustering, stock management and fence maintenance.
3.2 Land to be disposed of by freehold disposal to Dome Hills Limited subject to a protective mechanism:
Area: 6064 ha (approximately) (shown edged green on the plan attached in' appendix 1).
This area includes the entire Dome Hills I lease which almost in its entirety has previously been oversown and topdressed. Within the portion of the Dome Hills n lease to be freeholded approximately 2000 ha has previously been oversown and topdressed with the remaining area rising in altitude from less than 800 metres above sea level to 1200 metres above sea level. The upper boundaries have been chosen for the suitability of fencing but the majority of the land contained in the freehold lies below 1000 metres and is suited to ongoing farming use.
3.2.1. Protective mechanism:
A conservation covenant over an area 20 metres either side of the North Branch of the Kakanui River from the upward extension of the marginal strip. The margin of this branch of the Kakanui River contains important vegetation which it is desirable to protect. It is not necessary to protect a wider area, but a covenant to preserve the vegetation on the stream margins is appropriate. At this point in tenure review process it is not known how far upstream the marginal strip will extend but whatever point this is the covenant will commence at its upstream boundary.
4 Discussion of Proposed Designations 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 significant inherent values of reviewable 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.
A number of potential outcomes would have met the object of sustainable land use in relation to this review. The indications from a field visit are that the current pastoral use has been sustainable over the entire lease area.
The proposed tenure review outcome sees the higher altitude lands restored to Crown control and with the removal of all livestock this should further ensure the ongoing ecological sustainability of this area. The proposed freehold does extend to moderate altitudes but the majority of the land lies below 1000 metres on land that is well suited to enhancement through oversowing and topdressing thus providing a sustainable outcome in pastoral land use.
History has indicated that the entire pastoral lease area is capable of economic use. Traditionally this has been sheep and cattle farming however current international trends have indicated that this area would also be suited to economic use from a range of other commercial activities.
The upper basin of the North Branch of the Kakanui River has been identified as having significant inherent values. The area of greatest interest is proposed for restoration to Crown control. This area would have been restored to full Crown ownership and control but existing farm tracks provide essential access to the adjoining landholder. An easement concession has therefore been necessary to provide for this access.
Public access has not been a major issue in relation to this review as there is an existing legal road the full length of Pisgah Spur. This provides good access to the proposed conservation area and through that to adjacent conservation lands.
Freehold disposal of the balance area is proposed. There has been no identification of land required for other Crown purposes.
APPENDIX 1:
Designations plan.
OFFICIAL DOCUMENTS
Due diligence report (pdf 1.53MB) [LAND STATUS]
Conservation resources report (pdf 437KB)
--Conservation resources report attachments (pdf 1.74MB)
----[Note: ORIGINAL DOC RECS AND MAP MISSING]
--Proposed designations report (pdf 375KB) [MODIFIED DOC RECS]
--Proposed designations report attachments (pdf 619KB) [MAPS]
Fish and Game report (pdf 617KB)
March 14, 2003
Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
P O Box 27
Alexandra
Submission on Dome Hills Tenure Review
As submitted on previous tenure reviews, we believe that the process adopted by LINZ for analysis of public submissions, unlike for consultation with pastoral lessees, is not in accord with legal requirements for open-minded consideration, putting forward proposals that are not yet finalised with a preparedness to alter such proposals.
A lack of willingness to reconsider the validity of decisions already made, in terms of compliance with the objects of the Crown Pastoral Land Act and for correcting factual errors, leads us to the view that the tenure review public submission process is a farce, not warranting the time and expense of comprehensive, detailed commentary, as has been our practice in the past.
It is our view that both the process adopted for analysing public submissions and this preliminary proposal if implemented are unlawful.
We submit that the current proposal not proceed. The Crown has no obligation to proceed.
The farcical nature of the official process is highlighted by official information released to us which reveals that all the following matters we raise have been previously considered but are liable to be disallowed from further consideration because no "new information" is provided by us in this submission. The strong possibility that officials and agents have got it wrong is apparently not open for reexamination. This situation requires urgent Government intervention if ANY public confidence is to remain in the tenure review process.
Area proposed for retention in Crown ownership
Section 24 (b) Crown Pastoral Land Act 1998 (CPLA) requires the protection of the significant inherent values of reviewable land by the creation of protective mechanisms; or (preferably) by the restoration of the land concerned to full Crown ownership and control. "Inherent value" and "significant inherent value" are defined by section 2.
DOC identified 3000 hectares in the headwaters of the north branch of the Kakanui River as having "unmodified native grassland". This has to qualify as a "significant inherent value". Yet only 1350 ha is now proposed for Crown retention, with no form of protective mechanism for proposed freehold containing the balance of areas of "significant inherent value". This is a gross failure to fulfill the requirements of the Act.
Boundaries of designated land
Landscape is a "natural resource" within the meaning of "inherent value'". The Commissioner of Crown Lands (CCL) has a duty to ensure that proposals enable the protection of those values. The boundaries chosen, with associated fencing and earthworks, will grossly deface the landscape (refer to appended photos).
The fact that the landscape impact of boundaries is a valid consideration within the ambit of the CPLA is demonstrated by repeated recorded commentary by the lessee and officials during development of the earlier proposals.
The official papers record that the boundary fence is to be a deer fence plus firebreak access track.
The lessee asserted that "an (earlier, lower altitude) proposal creates impractical fencelines. They go around hills and impassible gorges. They would not be practical to build or maintain and their visual impact would be undesirable. The fences would also be vulnerable to being wiped out by heavy snows" (because these go across slopes).
The CCL's agent agreed that these were valid points, and that practical and realistic fence lines are needed.
However the current proposal defies all the above logic and has moved the boundaries upslope and maintain cross-slope alignments, in the knowledge that major landscape scarring will occur and that fencing will be very susceptible to snow damage. The Crown will inherit a high maintenance burden. However the main legacy arising from this proposal, if implemented, will be the unnecessary disfigurement of the last vestige of a natural landscape in the north Kakanui River catchment.. This may appear incidental to an agency like LINZ, but it is hardly a desirable consequence, on which the Crown's actions will be judged.
Marginal strips
The CCL has arbitrarily decreed that marginal strips are not within the scope of tenure review, despite direct linkages with other mechanisms for public access or protection.
Official advice and cadastral records conform that existing marginal strips in the upper north branch of the Kakanui River are not in conformity with the actual watercourse.
The CCL's agent has recommended that the location of marginal strips need to be determined PRIOR to defining the extent of a proposed streamside conservation covenant which is intended to connect to the strips. Failure to determine the location and extent of marginal strips prior to proposing this covenant defies logic and precludes practical outcomes for the Crown.
As well, the recommendation for an "alternative" in the form of a covenant, along the banks of streams that may qualify for marginal strips appears ultra vires. Part IVA Conservation Act marginal strip requirements must be first determined.
Part of that determination is the correct location of existing marginal strips. The current cadastral record is merely a field or compiled sketch position. The strips have not been fixed by "right line" survey. They are indicative only and should be corrected as to their plan position in light of current topographic information. The strips clearly are not around steep hillsides well above the river, as currently recorded on cadastral records, and never have been. The river is deeply incised in the area in question and is not subject to a shifting course (photo 7).
We note that official papers record that errors in the cadastral record (failure to record marginal strips on SO's 2290 and 2291) have been corrected. So it should also be possible to correct the cadastral record of marginal strips in the upper Kakanui River catchment. Otherwise new marginal strips will have to be created where existing strips deviate from the actual watercourse. This will cause a needless and messy duplication. Note that existing marginal strips, landlocked or otherwise, are "reserved from sale of other disposition". They cannot be dispensed with by simple administrative action. Special empowering legislation is required.
Riverside Conservation Covenant
We note that the proposed covenant makes no provision for public access. This is entirely inappropriate given the duty under section 24(c) CPLA to "secure of public access to and enjoyment of reviewable land".
We also note that the proposed covenant does not cover all the upper reaches of the river, contrary to DOC's recommendations in their designations report.
We submit that no conservation covenant be created, with riverside reserves created instead, with the same purposes as for marginal strips. These should be along all of the Kakanui River outside of any proposed headwater conservation area, existing or new marginal strips. This would ensure adequate riparian protection as well as assured public access between the river margins and any headwater conservation area.
Yours faithfully
Bruce Mason
Researcher and co-spokesman
Appendices: 7 photographs