This page last modified 19 September 1998
South
Island high country
Otago leases
Po 244
Cromwell Gorge
Otago Land District
Tenure review approved by Commissioner of Crown Lands xxx
Landcorp Property Limited
DRAFT PROPOSAL TO COMMISSIONER OF CROWN LANDS
Application for Exchange of Property Rights
LCP Ref: Po 244
Updated: 5 October 1993
PROPOSAL:
1. To surrender Po 244 Cairnmuir Station from 31 December 1993.
2. To issue a special lease over the Molyneux Faces (2355 ha subject to survey) to the current lessees with conditions to protect the recognised conservation values and to include specific provisions for access by ECNZ in connection with the Clyde Power Project.
3. To establish easements for public, DOC and ECNZ access.
4. To classify an area of approximately 4331 ha as "farmland" and allocate this area to the current lessees on freehold title.
LEASE:
Legal Description: Section 73, 74, Block I Bannockburn S.D. and Pt Run 325c, Pt Run 325D Cromwell and Leaning Rock S.D's.
Run Name: Cairnmuir
Area: 6698.175 ha
Lease Details:
Tenure: Pastoral Lease
Term: 33 years from 1 July 1992
Expiry: 30 June 2025
Rent Review: 1 July 2003
Annual Rent: $1,650 plus GST
Crown Improvements: Nil
Stock Limitation In Lease: 2200 sheep including 1100 ewes (1870 su)
Personal Stock Limitation: 3500 sheep including 2000 breeding ewes (3050 su)
LESSEE:
Bruce John Paterson (1/4 share)
Joanne Robyn Paterson (114 share)
Kenneth John Paterson (114 share)
Lavinia Margaret Paterson (l/4 share)
LOCATION: Cairnmuir Station is situated near Bannockburn on Cairnmuir Road 10 km south of Cromwell. The home block is bounded to east and west by the Bannockburn and Clutha River respectively, with Earnscleugh Station on the southern boundary.
OTHER LAND HELD: 38.1010 comprising the homestead and irrigated/cultivated land.
GENERAL DESCRIPTION:
(a) Aspect: Variable with major portion (70%) north east and north west facing, with the balance south facing.
(b) Altitude: 213 - 1130 m.a.s.1.
(c) Contour: Strongly rolling to steep overall with some very steep areas.
(d) Area Ploughable: 178 ha
(e) Rainfall: 300 - 500 mm
(f) Water Supply: Stock water via natural creeks and springs. A four head water right located in Wet Gully near its junction with Bannockburn allows irrigation of 150 ha located on terraces south of the homestead.
(g) Subdivision: Currently in 18 hill blocks plus 19 paddocks with block size very well suited to stock numbers.
(h) Snow Risk: Minimal risk.
(i) Summer/Winter Balance: Limited summer grazing capacity in a normal year, however,recent drought years and high rabbit populations have reduced grazing values on the lower altitude dry country.
(j) Shelter: Adequate natural shelter from ground contour.
(k) Reversion: Not a problem of significance, with only minor areas of sweet briar and kanuka increase on parts of the Molyneux Faces.
(l) Erosion: Moderate depletion and loss of soil profile have occurred over most of the property but more significantly on the rabbit infested lower reaches and sunny faces.
(m) Weeds & Pests: Sweet briar and matagouri are present on areas of the Molyneux Faces, mainly located on shady aspects, gullies and lower fans. Matagouri and sweet briar are the weeds of most economic significance because they restrict the ability of sheep to graze and also provide a rabbit habitat.
Stonecrop and scab weed are present on bare upper slopes, with Hieracium pilosella being lightly scattered throughout the property, but mainly present at mid altitudes and where damper conditions prevail. Although the Hieracium infestation is not having any noticeable effect on stock carrying capacity, steady ingress of this weed is occurring. Wilding pines are lightly scattered along the Molyneux Faces, with the greatest concentration being located at the kanuka woodland near Cornish Point. The trees are noticeably spreading and will require controlling to retain the rocky/scrub/grassland character of the area.
Feral goats occur in mobs of up to 12-15 animals throughout the Molyneux Faces and will require periodic control. A concerted effort could eradicate these animals without great cost. Some bark damage and browsing of kowhai is evident.
Possums are present, especially in shrubland communities. Rabbit poisoning may assist in controlling possums.
Rabbits have significant impact with 6378 ha or approximately 95% of the property being included within the R & L M programme, with 50% of this area being of extreme proneness, 35 % high and 15 % moderately prone. Rabbits are also treated as a specific issue later in the report.
(n) Soils & Land Use Capability:
| LUC CLASS | % HA | SUB CLASS | LOCATION | SOIL TYPE |
| IV |
1% 66ha |
e1 | Low altitude flats and terraces | Waenga sandy loam |
| e2 | Low altitude fans | Waenga fine sandy loam | ||
| VI |
27% 1818ha |
e1 | Steep mid altitude shady faces | Alexandra steepland Arrow steepland Roxburgh steepland |
| e2 | Steep mid altitude shady faces | Blackstone Hill Roxburgh/Arrow steepland | ||
| e3 | Steep mid altitude | Alexandra/Roxburgh steepland Blackstone Hill | ||
| e4 | Low/mid altitude shady faces | Alexandra steepland Roxburgh steepland | ||
| VII |
71% 4754ha |
e1 | Mid-higher altitude rolling tops | Blackstone Hill Arrow steepland Tawhiti Tawhiti Hill |
| e2 | Mid-higher altitude rolling/steep tops | Arrow steepland Blackstone Hill | ||
| e3 | Low altitude steep faces | Roxburgh/Alexandra steepland Blackstone Hill |
||
| e5 | Steep low altitude dry sunny faces | Alexandra steepland | ||
| VIII |
1% 60ha |
e2 | Low altitude rocky bluffs | (Alexandra steepland) |
| Totals: | 100% 6698 ha |
(o) Cover:
| 23 ha | Irrigated pasture |
| 100 ha | Dryland |
| 123 ha total | Cultivated |
| 3046 ha | OS & TD Tussock |
| 3398 ha | Dry low altitude native |
| 131 ha | High altitude native tussock |
| 6698 ha total |
PRODUCTION:
Stock: Winter 1992 - Including Top Block
3200 Ewes - (Merino)
1300 Hoggets
100 Rams & Killers
4600 total
Production: Including Top Block
24500 kg wool
4.5 kg wool/head
Productive Values:
The Cairnmuir Station economy is based on a fine wool production enterprise running Merino sheep including lambing ewes, a wether mob and a small stud flock.
The productive capacity of this property stems from approximately 3000 ha of mid altitude oversowing which up until the present has been balanced by the high altitude native Top Block providing summer grazing for ewes and wethers, thus allowing the oversown blocks to be spelled.
While playing a crucial part in the Cairnmuir grazing regime, the high altitude native Top Block, also contains important conservation values which DOC is proceeding to purchase.
Over the past two years, increasing awareness has been evident regarding viticulture potential on Cairnmuir.
The main areas of interest are located on low altitude dry north facing slopes in the Cornish Point and Front Face Blocks. Three separate sites have also been identified on the Molyneux Faces.
PREVIOUS HISTORY:
The Paterson family acquired Cairnmuir Station in 1974 and since that date have completed a major development programme involving subdivision and AOS & TD of the mid altitude country. Some 18 km fencing, 11 km tracking and 2300 ha oversowing was completed.
Prior to 1980, Cairnmuir Station was a viable economic unit having been further strengthened following purchase and incorporation in 1980 of the former P.335 'Jocelyn Block' into the Cairnmuir Pastoral Lease.
During the 1980's the combined effects of drought and increasing rabbit populations resulted in much of the lower altitude sunny brown grey earth lands becoming denuded of vegetative cover, with the corresponding shady aspects being in only slightly better condition. The increasing rabbit population then spread to the mid altitude oversown country, severely reducing production from this zone which prior to this, had become the productive heart of the property. Stock numbers which had risen from 3700 in 1981 to a peak of 6400 in 1986, then reduced gradually to 4580 in 1992. This consequent reduction in stock numbers coupled with the increased cost of rabbit control has rendered the property marginally economic.
CONSERVATION VALUES:
Ecological Values
Several sites of ecological interest have been identified. The Cairnmuir Hill catchment ranging from 200 m to 1114 m asl is the largest. It includes the RAP OM 113 Molyneux Faces, identified during the PNAP survey of the Old Man Ecological District. It is representative of the true semi-arid hill country of the Cairnmuir Land System. It contains the best mixed and pure stands of kanuka recorded as part of a catchment sequence. Scrub diversity is high with much regeneration in the shelter of bluffs and outcrops. There is a notably low briar component. Summit grassland contains good numbers of Pimelea oreophila and some native sedges, herbs and other grasses. This part of the catchment has been extensively oversown and topdressed and has a low conservation value. The upper catchment shrublands cover 40-50% of the upper catchment of the RAP and up to 60% of the upper catchment of the adjacent Jackson Creek. These shrublands are dominated by Coprosma propinqua and C. rubra, together with Aristotelia fruticoso and matagouri. The large daisy shrub Olearia nummularifolia which is rare in eastern and Central Otago occurred as three individuals close to the summit trig.
The middle catchment shrublands are sparse in the 500-700 m zone being replaced by seminatural grassland of silver tussock and exotic grasses. The lower shrublands are dominated by an almost pure stand of kanuka near the lake's edge, followed by a matagouri dominated shrubland extending up the steep gorge and around rock outcrops, bluffs and screes. The shrublsmall tree Melicope simplex, although rare in the ecological district, is common in this shrubland, together with many emergent kowhai trees, Corokia and Coprosma propinqua. On rock faces, Hebe rupestris and many native grasses are found. The lower and upper shrublands are of high conservation value and are spreading to fill in the mainly exotic inter-shrublsand spaces. The gorge and faces of Jackson Creek support similar native vegetation, but fill an important mid-altitudinal gap almost absent from the RAP.
The rock bluffs bordering Lake Dunstan which extend to varying degrees up the lake to Cornish Point are valuable habitat for several threatened plant species. These include the following:
There is an area of kanuka woodland opposite Clutha Cabins located on steep very dry faces. It is of scientific interest for its extreme conditions of moisture stress.
Two rare species of moths Dichromodes ida and D. simulans have been recorded from the rock bluffs.
The Molyneux Faces hold good populations of game-birds such as chukar and Californian quail. Grey warbler and harriers were also recorded.
Bannockburn Creek is an important brown and rainbow trout spawning tributary of Lake Dunstan. It also contains koaro (Galaxias brevipennis) so it is important to protect riparian strips on each bank. Only a short (2.5 km) section seems to be located on Cairnmuir, downstream from the Hawksburn Station boundary. DOSLI has identified this stream as requiring marginal strips.
Landform/Landscape
In visual terms the front rocky outcrops of Molyneux Faces are very important as they form a striking landscape feature to motorists travelling towards Queenstown. The most impressive outcrops are located at both sides of Cairnmuir Gully. Through the middle section the rocky ledges are less dramatic and in part are modified by tunnelling and tracking operations, however, these rocky ledges help to link the more impressive rock formations. Of ethereal interest is the contrast between the water of the lake and the rugged dryland backdrop.
The landform of the RAP consists of steep colluvial slopes. Outcrops, rubble and localised block slump terracing occurs at the summit. Mid-catchment has deep gorgey channel and steep flanking colluvial slopes. A special feature is travertine (calcium carbonate ground water deposits) which occurs on rock cut terraces. The lower catchment has steep buttressed outcrops and a constricted stream path. Pleistocene fluvioglacial terrace remnants, some of the best in the ecological district, occur on adjacent flanking ridge crests, with scattered lag boulders of greywacke derived from the alps. The landform is a representative example of steep rocky flanking catchments of the antecedent Cromwell Gorge, a major component of the Cairnmuir Land System.
There are two geological features recorded in the New Zealand Geopreservation Inventory' ie:
Cromwell Gorge Caples-Torlesse Boundary
Described as a major New Zealand terrane boundary, located at two sites on the Molyneux Faces, it is an example of lithologic transition from psammitic Caples terrane to pelitic Torlesse terrane.
It is ranked as of national importance and vulnerability is classed as moderate.
Cromwell Gorge Hematitic Metachert
Described as a readily accessible outcrop of a spectacular mineral known as "specularite' located at one site on a bluff on the Molyneux Faces.
It is ranked of regional importance and has a high vulnerability factor.
Historic/Archaeological
Ngai Tahu have indicated the presence of Waahi Tapu on the Molyneux Faces. The very large boulders at the rockfall east of Cairnmuir Creek confluence sheltered two important Maori occupation sites which are now flooded. A porcellanite flake find spot is also recorded from near Cairnmuir Creek. It is believed that the Cromwell Gorge was a recognised access route for tangata whenua who could branch off to follow the Nevis Valley to the Mataura Valley or follow a variety of other routes inland or to the coast.
Prior to the filling of Lake Dunstan, about 126 historic sites were recorded along the Bannockburn Stream, Kawarau and Clutha River banks where they formed the boundary of Cairnmuir Station. Many will have been flooded by the new lake or damaged by associated earth disturbance.
There are however at least 33 described sites which may have partially survived. All of these sites are associated with gold mining activities, some dating back to the 1860s. They include dams, races, sludge channels, sluicings, pipe suspension, rock shelters, fireplaces, huts and stone walls.
The number and extent of sites reflect the intense mining activity following the discovery of gold in the Cromwell Gorge by the European miners Hartley and Reilly in 1862, which sparked Otago's second major goldrush. Later, Chinese miners followed and many workings and shelters reflect their occupation.
Extensive investigation and recording of sites affected by Clutha Valley hydro development was made by Ritchie, N' 1980-81. It is likely there remain more sites on the Molyneux Faces, above those affected by hydro development still to be recorded and described.
Located in the mid section of Cairnmuir Gully is a well preserved intact stone hut with an iron roof. This structure was a boundary rider's hut dating back to when the Cairnmuir Run was part of the original Kawarau Station. It is believed to have been constructed during the 1 860s.
The New Zealand Historic Places Trust will be requested to consider registration of this structure.
Recreation and Access
Little established recreation occurs on the Molyneux Faces except for hunting of goats, rabbits and game-birds. Good populations of chukar and Californian quail would attract keen hunters during the game-bird season. Continued access for hunters and their dogs is required.
The establishment of Lake Dunstan will generate lakeshore related recreation accessed by boats in the near future and this use is likely to expand over time.
There is some continued interest in walking, mountain biking and horse trekking through the Cromwell Gorge. The feasibility of development of access suitable for these activities needs to be confirmed and may require access to be negotiated over adjoining properties. The potential for such uses does however warrant access easements at two locations, namely:
Land taken for water power generation along the lake shoreline will provide for practical legal access replacing in part the unformed legal roads that previously existed along the bank of the Clutha River.
Conservation Management Considerations
The conservation interest is confined to specific parts of the Molyneux Faces, but the wider Crown interest and the public interest will dictate that the entire Molyneux Faces will be retained in Crown ownership. Relevant agencies will determine future management responsibilities.
HYDRO ELECTRICITY DEVELOPMENT:
Electricorp requires access via existing farm tracks to its tunnels at Cairnmuir and Jackson Creek Slides. Vehicle access will also be required to Miners Rockfall, Scrubby Gully and Cornish Point Slides. Access will be associated with land stabilisation works. The extent of any new works will be determined by land movement.
An extensive network of monitoring sites has been put in place at various other locations throughout the Molyneux Faces. Access for monitoring and maintenance of monitoring equipment will be undertaken by foot and boat.
Electricorp does not require ownership of any land and the change of tenure investigation needs to proceed quickly in order to obviate the need for that agency to negotiate separate access arrangements with the lessee.
DOC will need to be closely involved in any future tracking or construction proposals as well as providing advice on appropriate revegetation and restoration of disturbed areas.
RABBITS:
The change of tenure investigation is tied to the RLMP and the desirability of establishing alternative land uses where appropriate. A major primary control poison operation has been undertaken in June 1993 on the Molyneux Faces. Approximately 6378 ha being the majority of the winter block is included in the RLMP. Primary poison is to be undertaken every 10 years, except for the Brewery Block on the Molyneux Faces which will be done every eight years.
The implications of the Biosecurities Bill as it will affect Crown agencies in the future needs to be noted.
An analysis of estimated annual pest control costs for the four blocks on the Molyneux Faces post RLMP is $36.000.
Present work has indicated that a lower cost may be possible.
The Molyneux Faces especially Hydes End (18) and Halfway House (9) Blocks provide valuable later wintertearly spring grazing and are oversown and topdressed down to about 700 metres asl on shady fences. These blocks provide income over and above pest control costs if grazed at existing levels.
If no grazing occurs on the four blocks, pest control costs may be $36 158 per annum that will have to be met by the administering agency. The annual costs of pest control for areas of conservation interest in the block is $15 806 without grazing. Leasing the Molyneux Faces could be a solution to reducing the cost to the administering agency for control of rabbits, and need not compromise the conservation values.
Pest control costs could in future be reduced if either a suitable and effective big-control agent becomes available. The present Pastoral lessee has indicated strong opposition to accepting a policy of high rabbit levels on the Molyneux Faces.
PUBLIC COMMENT:
(a) The property was inspected by Trevor Howse representing the Ngai Tahu Maori Trust Board on 17 April 1993. The Board will comment on request.
(b) Early Warning Consultation was held on 14 July 1993:
Key points raised were as follows:
1. Acceptance of tenure change as proposed.
2. Support for grazing of Molyneux Faces by way of a Land Act special lease with monitoring being established involving exclosures.
3. Commissioner of Crown Lands to administer the special lease.
4. All parties involved with future management, control and use of the Molyneux Faces to contribute towards pest control costs and that Electricorp should be required to contribute the majority of the costs on an ongoing basis for the duration of the life of the Cromwell Gorge hydro-electric scheme.
5. Public use expected to increase as a consequence of lake establishment. Also some interest in walking opportunities.
DETAILED PROPOSAL:
This current proposal has been formulated as an outcome of the Rabbit and Land Management Property Plan for Cairnmuir. The proposed tenure exchange will facilitate the establishment of alternative land uses. Urgency to complete the investigation occurred following an approach to the lessees by a prospective purchaser for the Home Block subject to the proviso that the land will be in freehold tenure. This purchaser is interested in establishing viticulture on the lower dry north facing slopes of Cairnmuir Station. Urgency also arises due to the need to tidy up ECNZ interests.
A plan therefore, has been developed, involving Cairnmuir Station undergoing tenure review as outlined below;
(1) A separate PNA implementation proposal recommending surrender of the Back Block to conservation estate has recently been approved by you.
(2 ) The low altitude areas on the Home Block plus the mid altitude AOS & TD land are proposed for freeholding. This area totals 4300 ha subject to survey and comprises the mid altitude Class VII lands which have been subdivided and successfully oversown and maintained with topdressing. Vegetation on these areas will continue to improve subject to effective pest control being maintained, along with a continuation of the existing lenient stock grazing policies coupled with spelling.
(3) The balance and major portion of the Molyneux Faces being mainly steep undeveloped Class VIIe land has a significant percentage of bare ground and potential for erosion if incorrectly managed. The priority on this land is therefore to maintain and improve the vegetation cover. Electricorp have an extensive interest in terms of erosion control works and tunnels on Jacksons and Cairnmuir Slides, along with extensive monitoring along the edge of Lake Dunstan extending up into the Pastoral Lease. It is also possible that further extension of these monitoring and erosion control works will be needed within the existing Pastoral Lease in the future.
Conservation values within the Molyneux faces include 74 ha of kanuka woodland at Cornish Point and a 210 ha area containing RAP OM 1/3 located in Hydes End Block near the Earnscleugh boundary. A further strip of 100 metres in width along the edge of Lake Dunstan contains further conservation values.
The Ngai Tahu have also indicated the presence of Waahi Tapu values on the Molyneux Faces.
Some recreational potential may also exist within the Molyneux Faces for tramping, sight seeing and observation of flora and fauna.
Due to the multiplicity of values to be protected and agencies with interests in the Molyneux Faces, it is recommended that this area be retained in a form of Crown ownership, which will allow continued pastoral use, to a degree that does not prejudice maintenance and enhancement of the values as outlined above.
DISCUSSION:
Due to the circumstances as outlined, it has become increasingly apparent that some major structural change is needed on Cairnmuir Station. Various options have been investigated by both the lessee, Landcorp and the agencies involved in the R & LM programme.
DESCRIPTION OF AREA TO BE FREEHOLDED:
(a) Aspect: Mainly west facing.
(b) Altitude: 213 - 1130 m.a.s.1.
(c) Contour: Strongly rolling to steep overall with some very steep areas.
(d) Area Ploughable: 178 ha
(e) Rainfall: 300 - 500 mm
(f) Water Supply: Stock water via natural creeks and springs. A four head water right located in Wet Gully near its junction with Bannockburn allows irrigation of 150 ha located on terraces south of the homestead.
(g) Subdivision: Currently in 14 hill blocks plus 19 paddocks.
(h) Snow Risk: Minimal risk.
(i) Summer/Winter Balance:
(j) Shelter: Adequate natural shelter from ground contour.
(k) Reversion: Not a problem of significance, with only minor areas of sweet briar and kanuka increase on parts of the Molyneux Faces.
(l) Erosion: Moderate depletion and loss of soil profile have occurred over most of the property but more significantly on the rabbit infested lower reaches and sunny faces.
(m) Weeds & Pests: Similar to total property.
(n) Soils:
66 ha Waenga Soils.
1300 ha Alexandra and Roxburgh Steepland soils.
2965 ha B]ackstone and Tawhiti Hill soils.4331 ha
(o) Land Use Capability:
66 ha Class IV 2 %
1300 ha Class VI 30 %
2965 ha Class VII 68 %4331 ha 100 %
Notes: While the area of Class VII is significant, some 1207 hectares (40%) has been successfully developed by oversowing and topdressing. The balance is primarily low altitude sunny faces (below 700m) some of which are well suited to alternative uses. In both cases the criteria for "farmland" are met.
(p) Cover: 23 ha Irrigated pasture
100 ha Dryland
123 ha Cultivated
2450 ha OS & TD Tussock
1758 ha Dry low altitude native4331 ha
RECOMMENDATION:
That you approve the proposal being advertised with the following outcomes being recommended:
1. The surrender of Pastoral lease Po 244 under Section 145 of the Land Act 1948 from 31 December 1993.
2. The issue of a Special Lease under Section 67(2) of the Land Act 1948 over the Molyneux Faces (Approximately 2355 ha). The special lease to include conditions appropriate to the management of the recognised conservation values and public access.
3. A licence being issued to ECNZ to provide for access and remedial works associated with the Clyde Power Project. Such licence to overly the Special Lease.
4. The creation of an easement under Section 60 of the Land Act 1948 providing for foot and mountain bike access from Cairnmuir Road to Cornish Point.
5. The creation of an easement under Section 60 of the Land Act 1948 over the existing farm access track from near the Cairnmuir Station homestead to the top of the Molyneux Faces along the main ridge of the Cairnmuir Mountains to:
i Provide vehicle access for Electricorp as far as the Cairnmuir Slide;
ii Provide for DOC vehicle access for management purposes as well as public foot, mountain biking and horse trekking access to Cairnmuir Hill along the existing farm access track from near the Cairnmuir Station homestead across land to be freeholded along the main ridge of the Cairnmuir Mountains. Access to include restrictions on guns and dogs as well as specific closure during rabbit poisoning and lambing.
This access to be made available by the landholder to gamebird hunters using vehicles, guns and dogs by arrangement and at all reasonable times.
6. The reclassification of approximately 4331 hectares as farmland under Section 51 of the Land Act 1948.
7. The preferential allocation of approximately 4331 hectares to the present lessees under Section 54 of the Land Act 1948.
Report prepared by:
K R Taylor
Manager, Alexandra
LANDCORP PROPERTY LIMITED
Tony Perrett
for Regional Conservator
DEPARTMENT OF CONSERVATION
Public Access New Zealand
Friday, December 17, 1993
(dated 5 October 1993)
Ken Taylor
Manager
Landcorp Property Limited
P O Box 27
ALEXANDRA
Dear Mr Taylor,
Thank you for the opportunity to comment on the draft proposal.
Prior consultations with our representative has greatly assisted
our consideration of the proposals.
The proposals are presented as four steps--
Top Block
The above proposals are confined to the "Home Block";
whereas the lease includes a high altitude "top block"
on the Old Woman Range, which we were led to believe was subject
to a separate, binding agreement between DOC and the pastoral
lessee. In fact your report states that DOC "is proceeding
to purchase" the top block. However we have now been informed
that surrender of the top block is dependent on agreement being
reached on tenure changes to the home block.
We wish to register our concern that the full nature of agreements
between DOC/CCL/Landcorp and pastoral lessees should be declared
when 'exchange of property right' proposals, are put up for public
comment. The late introduction of the top block into the consideration
of the respective property interests of the Crown and the lessee
has caused a major shift in the balance of interests to be reconciled.
This is potentially to the detriment of a proper determination
of matters on the Home Block.
The report does not document the very important conservation and
recreation values of the top block. We believe that these are
very high and deserve full public ownership and management. In
effect the top block has been a defacto public area for many years,
with increasing use for cross country skiing, mountain biking
and sightseeing. These values are well known to DOC and have been
separately documented by Mason in 'Outdoor Recreation In Otago',
Vol 1. Additionally the PNA Programme accorded highest priority
to the protection of the area's natural values. It is imperative
that the top block is surrendered to the Crown, unencumbered by
any residual private rights of use. We believe that unless this
is agreed to, proposals for tenure changes on the home block should
not proceed.
There should be no absence of information on conservation and
recreation values about in the final submission to the CCL if
the Commissioner is to make a fully informed decision.
With the above proviso, we are in broad agreement with the proposals
for the Home Block, but have some specific concerns and comments
on aspects of the proposals. Insofar as the Home Block is concerned
we believe that the report is an adequate summary of matters that
require consideration. Therefore little purpose would be served
by us now adding to documentation of conservation and recreation
values. We confine our comments to implementing and modifying
the proposals.
We concur with your summary of 'Conservation Values', being subdivided
into ecological values, landform/landscape, historical/archeological,
and recreation/access. In particular we strongly agree with the
statement that "the conservation interest is confined to
specific parts of the Molyneux Faces, but the wider Crown interest
and the public interest will dictate that the entire Molyneux
faces will be retained in Crown ownership".
Because of the multiplicity of Crown interests in these faces,
we concur with the view that it should be the role of the Commissioner
of Crown Lands, rather than DOC, to administer any special lease.
Proposed Special Lease
Boundaries--with reservations as to the adequacy of
public access, we agree to the proposed boundaries.
Authorisation--it must be issued under subsection 67(2)
Land Act, thereby precluding freeholding. We do not believe that
the land degradation that has occurred as a result of 130 years
of pastoral use continues to qualify these faces as 'pastoral
land' under the Act, and certainly do not qualify as 'farmland'.
Consequently the faces should be declassified and a special lease
offered. The only use permitted should be grazing. We believe
that the term should be limited to ten years, with two rights
of renewal dependant on fulfilment of conditions, subject to ccancellation
to retire the land if monitoring shows the vegetation cover to
be deterorating.
Monitoring and regulation of grazing--exclosures should
be established and maintained to permit monitoring of the impact
of continued, limited, grazing on the faces, with conditions to
allow alteration or cessation of grazing within blocks as necessary
to meet prescribed conservation objectives.
Recreation use within lease--there should be rights of
public foot, bicycle and horse use within the boundaries of the
lease at all times. Fronting onto the new Lake Dunstan, there
is likely to be a growing demand for tramping, sightseeing, and
shore-based recreation year round. We believe that requirements
for prior consent from a lessee to be both unreasonable and impractical.
The pastoral lessee will be obtaining new, substantial rights
of tenure over the balance of the home block that will allow a
fundamental change to the economics of the property. That satisfies
the primary intent behind the exchange of property rights. Consequently
we believe that it would be unreasonable to reinstate rights of
exclusive occupation over the faces comparable to those surrendered.
A very real consideration is that the lake now permits ready public
access the full length of the lower Molyneux faces. It is impractical
for a lessee to physical prevent access from the lake. We agree
that the only time there should be closure to the public is during
rabbit poisoning operations.
Game bird hunting--a system for hunter access with guns
and dogs is needed as the faces provide important game bird habitat.
Public Access Arrangements to Special Lease
We are not convinced as to the necessity for closure of access
for lambing, etc., on access-ways to the special lease area. Other
than from Lake Dunstan the main routes of public ingress will
be--
(1) Cornish Point. The public road appears to have been terminated before the boundary of the special lease. This should be a formed vehicular access, double-fenced if necessary, to replace the lost access, as the main 'gateway' to the new 'public' area. We would prefer legal road status, but would accept an easement providing for vehicle, foot, horse or bicycle passage at all times. As it will be physically possible to separate public use from farming operations we do not agree that restrictions on public use are reasonable. An easement may have to created under the Property Law and Land Transfer Acts rather than under section 60 Land Act 1948, as the latter is confined to reservation of rights of way over Crown land. In this case the servient tenement will be freehold.
(2) Farm access track from near the homestead to and along the top of the Molyneux faces. This is a proposed easement for public foot, mountain biking and horse trekking access, as well as for DOC and Electricorp. It is proposed that there be restrictions on guns and dogs and for specific closure during rabbit poisoning and lambing. We wonder about the necessity for closure of access for lambing, as we understand that a good part of this route (over proposed freehold) is double fenced. We request that you review this provision. If there remains a necessity to close access during lambing, we believe that annual dates of closure are preferable, rather than leaving the interpretation as to what constitutes "lambing" open-ended. We understand that the arrangement for closure during lambing at the Bannockburn Sluicings works well, providing certainty for both landowner and public.
We agree with vehicular access being at the discretion of the owner, except that, as proposed, access be granted "at all reasonable times" for game bird hunters using vehicles, guns and dogs.
(3) Legalise formed road. It appears from inspection of DOSLI's record maps that a short section of the Cairnmuir Road formation, between Bannockburn Creek and the homestead, is not on the legal alignment. It is pointless creating public rights of access beyond that point if access is not secure on the approach route. We request that a Crown land strip be retained along the road formation pending future acceptance by the district council as public road. We believe that this is an essential precaution to ensure that the public purposes of the proposed special leases are realised.
We understand that there may be some official disquiet with our recommended course of action due to the cost of survey falling on the agencies responsible for implementing the land exchanges. Substantial survey costs will in any event occur in raising title for freehold and for defining the easements. The relative additional cost of surveying this section of road should not be great. If that cost falls on a public authority, we believe that there is a strong case for reimbursement out of the substantial profits the Government is making out of this and comparable land deals. We understand that proceeds are disappearing into the Consolidated Fund. We recommend that official representations be made to the Minister of Conservation and Lands to recover the full DOC/Landcorp costs of implementing approved land exchanges.
Marginal strips.
The report notes that marginal strips will be required along the
banks of the Bannockburn. We note the the Conservation Act requires
strips 20 metres wide beside rivers and streams. If the Act is
amended to allow strips a minimum of 3 metres in width, we submit
that the full 20 metre width should nevertheless be laid off to
provide unencumbered angler access.
We note that Crown land strips between 20 and 100 metres wide
are already laid off along the shore of Lake Dunstan.
We would welcome further discussions to resolve any outstanding
matters that may stand in the way of completion of this important
transaction. If concluded along the lines we propose there will
be major gains for nature conservation and public enjoyment of
the outdoors, in a region that is notably deficient of comparable
opportunities. We believe that, along with the more sustainable
land uses that the proposals will allow, the public gains are
such that it is highly desirable that matters proceed.
Yours faithfully,
Bruce Mason
Trustee
[undated]
Landcorp Property Limited
Our Ref: P244
RE: REVIEW OF TENURE - CAIRNMUIR
I am pleased to advise you that the Commissioner of Crown Lands has approved the following proposal in relation to your Cairnmuir property:
1. The surrender of Pastoral Lease Po 244 under Section 145 of the Land Act 1948 from 30 June 1994.
2. The reclassification of approximately 4357 hectares as farmland under Section 51 of the Land Act 1948.
3. The preferential allocation of approximately 4357 hectares to the present lessees under Section 54 of the Land Act 1948.
4. The issue of a Special Lease under Section 67(2) of the Land Act 1948 over the Molyneux Faces (Approximately 2329 ha). The Special Lease to include conditions appropriate to the management of the recognised conservation values and public access. (Copy attached)
5. A Deed with ECNZ to provide for access and remedial works associated with the Clyde Power Project. Such licence to overly the Special Lease. (A similar Deed will be entered into providing access to a portion of the freehold). (Copies attached)
6. The creation of an easement under Section 60 of the Land Act 1948 providing for public access from Cairnmuir Road to Cornish Point.
7. The creation of an easement under Section 60 of the Land Act 1948 over the existing farm access track from near the Cairnmuir Station homestead to the top of the Molyneux Faces along the main ridge of the Cairnmuir Mountains to:
i. Provide vehicle access for Electricorp as far as the Caimmuir Slide;
ii. Provide for DOC vehicle access for management purposes as well as public access to Cairnmuir Hill along the existing farm access track from near the Cairnmuir Station homestead across land to be freeholded along the main ridge of the Cairnmuir Mountains. Access to include restrictions on guns and dogs as well as specific closure during pest control and lambing.
This access to be made available by the landholder for gamebird
hunters using vehicles, guns and dogs by arrangement and at all
reasonable times.