This page last modified 19 September 1998
Po 258
Pisa-Criffel Range
Otago Land District
Tenure review approved by Commissioner of Crown Lands <May
1995
DRAFT PROPOSAL TO THE COMMISSIONER OF CROWN LANDS
Application for Exchange of Property Rights
22nd April 1994
PROPOSAL:
1. To surrender Po258 (Avalon Station Pastoral Lease) from 31st December 1994
2. To allocate approximately 462ha to the Department of Conservation.
3. To issue freehold title over the remaining 1340ha.
4. To agree to a conservation covenant over approximately 125 ha of the upper area to be freeholded.
5. To agree to the provision of public foot access up the Southern Boundary to the proposed conservation area.
6. To agree to a provision for emergency grazing on the proposed DOC estate for a period of twenty years.
LEASE:
Legal Description: Run 505B, Blocks V, VI, IX, X and XI, Cardrona Survey District.
Run Name: Avalon.
Area: 1802.1410 hectares.
Lease Details:
Tenure: Pastoral Lease
Term: 33 years from 1 July 1960
Expires: 30 June 1993
Rent Review: 1 July 1993
Rental Value: $160,000 (from 1 July 1993)
Annual Rent: $310 ($2,400 from 1 July 1993)
Crown Improvements: Nil
Stock Limitation in Lease: 1700 sheep (including not more than 650 breeding ewes)
Personal Stock Limitation:
3500 sheep (including not more than 2500 breeding ewes)
120 cattle
300 wether goats.
LESSEE: Peter Duncan Gordon.
LOCATION: Avalon is situated in the Cardrona Valley, 10km from Wanaka on the western face of the Criffel Range. Access is via State Highway 89. The property is bounded by the "Larches" to the north, "Mid Run" to the east and a large area of freehold land to the south.
OTHER LAND HELD: 276 hectares of freehold.
GENERAL DESCRIPTION:
(a) Aspect: Front faces (69%) lies to the west north west. The range top (26%) is rolling country lying to the north. The balance (5%) is generally river flats.
(b) Altitude: 395 - 1400m asl.
(c) Contour:
63 % moderately steep to steep
26% rolling tops, steep gullies
6% easy downs dissected by steep gullies
5 % river flats100%
(d) Area Ploughable: Approximately 190 hectares.
(e) Rainfall: 625 - 800mm per annum. Dry summers.
(f) Water: Adequate natural water.
(g) Subdivision: Currently in 11 blocks and a number of paddocks with approval to subdivide one block into two.
(h) Snow Risk: Range top is subject to regular winter snow, remainder of property only has a slight snow risk
(i) Summer/Winter Balance: Property has inadequate summer country but is well balanced by freehold land with which it is farmed.
(j) Shelter: Contour only, adequate.
(k) Reversion: Limited sweetbrier at lower altitudes. Bracken fern and mixed scrub in gullies.
(l) Erosion: The front scarp Just below the range top is prone to erosion but from reports on file would seem to have considerably improved in condition since the early 1970's. The balance of the property is in a stable condition.
(m) Weeds and Pests: Gorse and broom are a problem in the riverbed but good control is being maintained by the lessees. Briar is present at lower altitudes but not a significant problem. Rabbit population is low. Occasional wild pigs are seen.
(n) Soils:
| 450ha | Carrick hill soils. Low fertility yellow brown earths prone to wind and sheet erosion if vegetation depleted. |
| 300ha | Dunstan steepland soils. Very low fertility yellow brown earths. Very prone to erosion. |
| 1002ha | Blackstone hill and Arrow steepland soils. Medium fertility yellow grey earths. |
| 50ha | Recent soils - medium fertility river flats. |
| 1802 ha total |
(o) Land Use Capability:
| 126ha | Class IV | (7%) |
| 941ha | Class VI | (52%) |
| 735ha | Class VII | (41 %) |
| 1082ha | Total | (100%) |
(p) Cover:
| 42ha | fair permanent pasture |
| 28ha | winter feed crop |
| 70ha | Total Cultivated |
| 583ha | good oversown and topdressed tussock |
| 1149ha | native tussock in fair to good condition |
| 1802ha | Total |
(q) General:
The property carries approximately 3500 stock units. A good balance
of country is achieved by the addition of freehold land, part
of which is irrigated. The pastoral lease is lacking in summer
country and would be a marginal unit if run on its own. It is
noted that the PNA survey did not recommend protection of any
portion of this property. However PNA surveys did not aim to encompass
historical and public recreation values.
PREVIOUS HISTORY:
Run 505 B was previously held under PR 1940 by J S Galvin. Mr Galvin accepted the Pastoral Lease in 1960. The current lessee purchased the property in 1970 and immediately commenced development with accompanying stock increases.
Mr Gordon applied to have the property reclassified in 1973. The application was declined in 1975 following considerable investigation including the possibility of establishing a Crown Land Management Area on the Pisa Tops.
Development continued, with the present stock numbers (with exception of goats) being achieved in 1984.
In 1985 Mr Gordon made a second application to the Department of Lands and Survey for reclassification. Public submissions were called for. Following a long period of uncertainty the application was shelved in 1987 amidst Government restructuring of the Department of Lands and Survey.
CONSERVATION VALUES:
Botanical values:
In general, the native component to the vegetative increases with altitude. The lower paddocks and blocks are highly modified exotic grasslands. The top "Luggate" block, despite a long history of burning and grazing supports predominantly native vegetation. However the presence of Hieracium lepidulum (tussock hawkweed)) poses a considerable threat, both to pastoralism and nature conservation.
A good summary on the vegetation was appended to the Federated Mountain Club/Royal Forest and Bird Protection Society submission in 1986. The following zones were identified:
Riparian Zone: Willows, lupine, briar, gorse and broom dominate to the river margins. The adjacent flats have largely been cultivated.
Lower Slopes to 1050m: Fescue tussock with localised silver tussock, a significant portion has been oversown and topdressed with a good establishment of clovers and grasses. Scrub patches dominated by briar and matagouri occur with Coprosma, Olearia, bush lawyer and koromiko present. Nb: On the 1992 inspection it was noted that silver tussock dominates over Fescue tussock.
Slopes above 1050m: Short fescue tussock with speargrass common. Typical alpine bog species present around flushes at creek heads.
Upper Luggate Creek: Short fescue tussock with some blue tussock and limited snow tussock. Speargrass common on sunny slopes. Some herb species.
FAUNA:
The former Wildlife service provided a report for the previous reclassification exercise based on the limited data available. The following is extracted from that report.
Fisheries: Three areas were investigated. The upper Luggate Creek area was considered of interest due to a lack of fish and high numbers of invertebrates The two other areas were found to be good habitats of native fish especially an unnamed stream at the southern end of the property.
Upland Game: Californian quail are present in the scrub areas through-out the property. This property is however not compared to suitable habitats elsewhere in the area.
Protected Species: Species such as the Southern black-backed gull, South Island pied oystercatcher, banded dotteral, black fronted tern, Caspian tern and New Zealand falcon are present, but it is not known whether they breed on this property.
On an inspection in December 1992 the uncommon skink, Leiolopisma nconspicum was observed.
VISUAL AND SCENIC VALUES:
The Criffel faces of Avalon form part of the broader Cardrona Valley Landscape. Individually they contain no outstanding visual or scenic values but are significant in that they contribute to the character of the Cardrona Valley; their indigenous character is largely retained due to the presence of short tussock and rocky outcrops. Significant areas of silver tussock are present on the mid and upper slopes.
The rocky bluffs, outcrops and slumped boulder fields characteristic of the scarp face are visually impressive when viewed at close range. While they are not dominant from the valIey floor they are nevertheless a significant feature of the Criffel Upper faces.
On first appearances the summit ridge is disappointing because of the degree of vegetation modification and apparent barrenness. However the luggate Creek area reveals a much more interesting landscape of smooth rounded Landforms, interrupted by rocky outcrops and enclosing a green oasis like alpine valley. The water races are of added interest. Views to Mount Aspiring and surrounding areas are particularly impressive. Though the summit block is biologically highly modified, it retains a high level of visual interest.
Cultural Values:
(a) Historic.
Avalon is situated on the Criffel Range which was the setting for a considerable amount of goldmining activity between 1885 and approximately 1894. Some years saw as much as 2000 ounces of gold being extracted. Whilst the area which currently comprises Avalon Station bears little evidence of goldmining, water races were sourced from the headwaters of Luggate Creek. Today these races remain relatively intact and are a major landscape feature within the Luggate Block. Under this proposal these races will receive a high level of protection under public ownership.
(b) Tourism/Recreation.
The property has not been subject to frequent use by recreational groups. However the range top has been occasionally visited over summer months. Ski tourers appear to have visited the top of the property somewhat more frequently, probably without the lessees knowledge or permission. Ski tourers have also been reported to use the central farm track as an exit point from the Pisa Range.
The demand for public use of areas such as the Luggate Block appears to be increasing. It is possible that at some time in the future the Luggate Block may be linked into a walking route covering other parts of the Criffel and Pisa tops.
PUBLIC COMMENT:
The proposal has not yet been advertised for public comment. Preliminary discussions with interest groups have met with a favourable response.
DETAILED PROPOSAL:
The proposals above have been investigated in depth. Agreement has been reached amongst parties involved for the proposal to proceed in the following form:
1. Luggate Block. This 462ha block will become conservation estate in order to protect alpine vegetation communities, soil and water values, historic features and public recreational opportunities. It is envisaged that the vegetation composition will change with the curtailment of grazing. There may be sufficient snow tussock remnants to allow a slow return to a tall tussock cover in certain areas.
There will be provision through an exchange of letters, for the current lessee of Avalon to graze stock on the Luggate Block during drought conditions. This provision will be for a period of twenty years. Grazing will be restricted to 500 sheep for 10 weeks for maximum of three years in ten. In exchange for this right, the current lessees will maintain the blocks fences in good condition. The agreement will require that DOC (Wanaka field Centre) be not)fied before stock are pastured on the area. In the event that neighbouring blocks are destocked the Gordons shall take full responsibility for fence maintenance.
2. Approximately 1340ha below the Luggate Block will be freehold to the current lessees of Avalon. Within this area is a zone which has been identified as having important landscape values. This zone extends from 1200m ( - 4000 ft) to the boundary of the Luggate Block and comprises of approximately 125 hectares. The Department of Conservation has negotiated for this area to be protected by a covenant which will prevent burning, afforestation, further tracking and the erection of structures (specifically buildings) likely to adversely impact on the landscape.
3. Legal public foot access will be established up the southern boundary of the property by way of an easement. This access route was used by gold miners for foot access to the Criffel range in the late 1800's. Walking time from SH 89 to the Criffel tops is approximately two hours.
DISCUSSION:
This proposal meets the objectives of the current tenure exchange process in that it allows for the freeholding of productive land whilst achieving the long term protection of[part of] an area with important biological, historical and recreational values. The incorporation of a portion of the Criffel Range into the Conservation Estate will widen recreational opportunities within close proximity to Lake Wanaka, a rapidly growing tourist centre.
DESCRIPTION OF AREA TO BE FREEHOLDED:
(a) Area: Approximately 1340 ha
(b) Aspect: West North West
(c) Altitude: 395 -1300m (4200')
(d) Contour:
85% moderately steep to steep
6% easy downs, steep gullies
7% riverflats
(e) Area Ploughable: Approximately 190 hectares
(f) Rainfall: 625mm (homestead)
(g) Water Supply: Adequate natural water.
(h) Shelter: Contour only, adequate.
(i) Reversion: Scattered. Sweet briar, matagouri and briar. Scrub cover only, thick in gullies.
(j) Erosion: There is little or no recent erosion within area to be freeholded.
(k) Weeds & Pests: Some gorse and broom in riverbed. Some briar in the lower part of the property. The rabbit population is low. Hieracium was not observed within the area to be freeholded.
(l) Soils:
(m) Land Use Capability:
| 126 ha | Class IV |
| 941 ha | Class VI |
| 273 ha | Class VII |
(n) Cover
| 52 ha | Fair permanent pasture |
| 28 ha | Winter feed crop |
| 80 ha | Total Cultivated |
| 573 ha | Good oversown and topdressed tussock |
| 617 ha | Native tussock - Generally good condition |
(o) Likely Stock Numbers:
The loss of the Luggate Block will reduce the property's current stocking capacity by approximately 400-500 stock units. However in the short to medium term this impact will be lessened somewhat by the provision for emergency grazing.
(p) General:
At the time of inspection the portion of the property proposed for freeholding appeared to be in good condition; especially inside the zone which receives oversowing and topdressing.
RECOMMENDATION:
1. The surrender of Po258, Avalon under the Land Act 1948.
2. The allocation of approximately 462 hectares to the Department of Conservation as Conservation Estate.
3. The creation of an easement under Section 60 of the Land Act, 1948 along the southern boundary of the property to cater for public foot access to the proposed conservation estate.
4. The classification of an area of approximately 1340 hectares as "farm land'' under Section 51 of the Land Act 1948.
5. The preferential allocation of approximately 1340 hectares to P.D Gordon under Section 54 of the Land Act.
6. That it is recognized that the Department of Conservation has negotiated a covenant to protect landscape values over approximately 125 hectares of the proposed freehold.
Prepared by:
R Wardle
for Manager, Alexandra
LANDCORP PROPERTY LTD
D Gage
for Regional Conservator
DEPT OF CONSERVATION
DOC OTAGO CONSERVANCY
6 January 1993
Manager PNA/Pastoral
"AVALON" - P 258 (P D AND DHM GORDON
APPLICATION TO RECLASSIFY/FREEHOLD
Inspected - 10 December 1992. Present - Philip Blakely, Dave Gage and Graeme Loh of DOC; Rob Wardle of Landcorp.
Met with lessee Peter Gordon on morning of 10 December for general discussion, but he was unable to accompany us on inspection.
I returned morning of 11 December to inspect any historic sites along the Cardrona River.
We drove up the main track through the centre of the property with excursions at mid altitude to both the north and south boundaries. We drove into the top block (Luggate Creek) and continued on foot to about mid point. From there we could see the back boundaries, but did not walk to them.
The property is previously described in some detail in Royal Forest and Bird submission of May 1986 and Landcorp report and recommendation of August 1987. Both these reports are on file.
The property has not significantly changed since then.
The Property in Brief
The Cardrona River runs through the property alongside the Cardrona Road, which is the boundary, at around 420 metres altitude. The riverbed itself, the upper half of which was dredged for gold, is covered with willows, briars, lupine and gravel pioneers, including gorse and broom.
Next to this lies approximately 150 hectares of cultivable country, most of which has been developed.
Above this runs one continuous face of approximately 1200 hectares up to the crest at around 1370 metres. This face has been developed by topdressing and oversowing up to 1050 metres and while a relatively healthy mixed fescue and silver tussock population remains, the original tall tussock has largely gone. From 1100 metres to the crest the vegetation has declined to blue tussock, some short fescue tussock and herbs. Cover is, however, reasonably intact with only limited Hieracium.
The top or upper Luggate block of approximately 450 hectares has declined f rom the original snow tussock cover to short hard tussoclc, blue tussock and scabweed wish extensive speargrass on some faces. Open ground is in order of 2096 though erosion is limited. Hieracium, while scattered, is widespread throughout and unless management changes, I would expect that species to increase. Similar though harder grazed country to the north has a heavy Hieracium infestation.
Different Areas and Recommendations
Riverbed
Has water quality implications, not liable to be developed, has
riparian strips in place. It is not recommended that any protection
beyond Resource Management Ace be required.
Cultivable Areas
Changed to exotic pasture. No particular conservation interest.
No objection to being reclassified to farmland and freeholded.
Main Face to 1100 Metres
Heavily modified. No particular conservation values, but general
landscape impact. This area would be vulnerable to bad management
(widespread burning, overgrazing) and even without that, management
may have to adapt in time because of sustainability considerations,
however, in this regard it is no different to much of our farmland
and agreement to reclassification is recommended. Again, it is
considered any developments such as mining, forestry or tracking
should be addressed under the Resource Management Act.
Strip From 1100 Metres to Crest
Heavily modified blue tussock and herbfield with wetland flushes.
Typical of higher altitude former tall tussock grassland, otherwise
no particular botanical merit. Part of distinctive local landscape
and although not visible from the Cardrona Valley road, disturbance/damage
would be undesirable from this aspect. Because of high altitude
and poorer soils, development for farming purposes not likely.
Although there is insufficient vegetation to carry a fire the
area would be vulnerable to continued overgrazing which would
lead to erosion. This would require very bad management and while
possible, is not likely. Again, the area is no worse in this regard
than large tracts of farmland throughout the region and it is
not considered retirement from farming is justified. In addition,
to fence off this area would require erecting five kilometres
of fence (cost in order $35 000) parallel and close to an existing
sound fence.
Back Block (or "Luggate Creek" Block)
Although again heavily modified, has a number of important conservation
features:
Given all the above factors it is recommended that this area be retired from farming and transfer to DOC ownership. This will have significant financial impact on the lessee and compensation will be in order, however, the block is at one end of the property and retirement is practical without making the balance of the property unmanageable. The block is already adequately fenced.
Other Conservation Considerations
Historical
If the top block transfers to DOC the races there will be adequately protected.
In addition to these are three mining sites at grid references 922 029, 920 021, 902 991, NZMS1 S124 (see attached plans). It is recommended these sites be protected by standard conservation covenants precluding disturbance or tree planting.
Access
Although likely to remain an isolated block, access to the back block area is still important. It is recommended public foot access by way of easement be requested. Preferably up the existing vehicle track. It is considered to request vehicle access as of right is unreasonable.
Gully Through GR 914 001
The previous August 1987 Landcorp report recommended a covenant "limiting development" over a strip to the Criffel Range crest The covenant followed a gully marked on S 124 which in fact does not occur on the ground above approximately the 2500 foot contour. The objective was for protection of a creek with high native fish numbers (Galaxias brevipinnis) in its lower reaches. As the area has already been developed by topdressing and oversowing and by cultivation it is considered to attempt to now restrict that activity is not warranted.
General Comment
The lessee has applied for reclassification twice in the past. The applications were declined both times for policy reasons, not scientific or conservation reasons.
Pastoral lease tenure properties in the locality are in no better condition than freehold. Where land has high conservation values it should, if possible, be managed for conservation which in most cases ideally means no grazing. For other areas I see no reason why freehold tenure should not be able to be purchased.
Except in exceptional circumstances, the idea of "conservation areas" grazed under licence is not recommended.. It is really a way of avoiding the hard decision, ie, farming or conservation. It inevitably leads to conflict with conservation seeing the grazing as temporary and farmers seeing it as permanent.
It is a compromise which satisfied neither farming nor conservation objectives.
Many agriculture practices [including phosphate/legume dairy farming) are being questioned as to sustainability. Because there are doubts as to the sustainability of present management practices on this class of land is not considered adequate reason to decline freehold tenure.
Recommendations in Summary
AVALON STATION---SUMMARY OF VEGETATION
By D L Bruce (c. 1987)
1. Vegetation Description
1.1 Riparian zone, Cardrona River:
Frequent willows beside river, scattered shrubs in gravelly river
bed (lupin, sweet briar, gorse and broom); adventive herbs abundant,
negligible native species.
1.2. Lower Slopes of Criffel Range (to c.3,500 feet) Tussockland dominates - mainly hard tussock (Festuca novae-zelandiae), with some moderately large (several ha.) areas of fairly continuous silver tussock on some alluvial fans. Silver tussock is also present over smaller areas, of moist/fertile/disturbed soils. Exotic pasture grasses and clover are the dominant intertussock species.
Tussock and has keen severely depleted on north-facing slopes up to c.500 ft above the Cardrona valley. Short, grazed pasture grasses, with scattered shrubs, now occupy these slopes.
Some areas of moderately dense shrubland occur, chiefly in gullies. Briar and matagouri are the most widespread shrub species, but, locally, bracken is often co-dominant. Above c.20OO' Coprosma propinqua, Hymenanthera alpina and Olearia virgata var. lineata are occasional to frequent. Bush lawyer (Rubus schmidelioides) and Muehlenbeckia complexa are common climbing plants in the shrubland. Other shrubs or trees noted, but uncommon, are elderberry, Coprosma rugosa, Coprosma ciliata, Carmichaelia petriei, and Koromiko (Hebe salicifolia).
Matagouri extends to c.3,500' or more, but sweet briar reaches its limit at c.30OO'. Below c.30OO' native herbs are rare in shrublands and tussockland. Above this attitude they become more abundant, gradually replacing the adventive grasses and herbs.
Some areas of scrub at low altitudes have recently been burnt, and one gully has a large area which has (apparently) recently been sprayed, resulting in an effective kill of briar, matagouri and other shrubs.
1.3. Upper slopes above 3000' Have scattered shrubs:-
Coprosma propinqua and Carmichaelia petrieri; small areas of speargrass
(Aciphylla aurea) are common on stony or rocky ground.
Silver tussock extends up to c.4000' on disturbed soil at the edge of the 4WD track.
At c.40OO' the hard tussock becomes much shorter. This probably represents the transition from (festuca novae-zealandiae to (F matthewsii). The latter species extends over the ridge crest and throughout the undulating hilly area in upper Luggate Creek.
Small flushes above c.30OO' support Carex species, mosses, and other herbs (e.g. Epilobium chionanthum, Pernettya nana). Tall rushes (Juncus gregiflorus, J. effusus, and J. distegus) are usually associated with these flushes.
A series of rock outcrops below the ridgecrest support minimal numbers of shrubs, but probably harbour native herb species commonly associated with these habitats. (Stellaria gracilenta, Koeleria cheesemanii etc).
1.4. Upper Luggate Creek
Short, hard tussock dominates this area. On less exposed sites
it is of moderate density, common intertussock species include
Poa colensoi, Erythranthe pumila, Raoulia subscericea, Pimelea
oreophila, sorrel, etc; (bare soil is less than 20% of total area).
On hillslopes exposed to strong winds tussockland is shorter and
much sparser, cushion species are more common, (especially Dracophyllum
muscoides and Anisotome imbricata), and there is a greater amount
of bare soil - up to 40%. Lichens are prominent here.
On some cool slopes Dracophyllum uniflorum var. frondosum is common. Patches of speargrass are frequent on sunny well drained slopes. Occasional cassinia vauvilliersii is present.
Snow tussock (Chionochloa rigida) is found in poor to moderate density on very few sites, mostly shady slopes. Generally, snow tussock is rare, and usually has been heavily grazed.
Broad alluvial terraces support hard tussockland at better drained sites. At the wettest sites mosses and Carex sinclairii are abundant with occasional herbs such as Gnaphalium mackay and Ranunculus gracilipes. Peat hummocks occur locally, typical species here are Oreobolus pectinatus and Pernettya nana.
2. General Observations - Management Considerations, etc
2.1 Below c.3000-3500'
Little vegetation with significant natural values remains. Shrubland
has abundant sweet briar, and is subject to considerable use by
stock.
Swards of silver tussock on alluvial terraces are notable for the density of tussock cover, but the abundance of adventive species between tussocks considerably devalues the overall worth of this community.
Carmichaelia kirkii, a vulnerable native broom, is known from the adjacent freehold property to the south. This species seems to have survived only in very dense scrub where stock access is prohibited. No specimens of this species were seen on Avalon, neither were areas of suitable habitat.
2.2. Above c.3000-3500'
The quality of native vegetation improves, due mainly to the increased
abundance of native herbs in intertussock areas.
In upper Luggate Creek the tussockland comprise predominantly native species, the only adventive species are sorrel and, in wet areas occasional browntop. However, when evaluating the naturalness of this area it must be considered that at European settlement snow tussock would probably have dominated. Since then fire, rabbits and stock have considerably altered the vegetation. Presently stock are having most affect on wetlands, by trampling and grazing. These areas, with relatively lush vegetation, attract stock.
Public Access New Zealand
Friday, 23 September 1994
Submission on Draft Proposal for Exchange of Property Rights
Avalon Station
(dated 22 April 1994)
The Manager
Landcorp Property Limited
P O Box 27
ALEXANDRA
Dear Sir,
Thank you for the opportunity to comment on the draft proposal.
Prior consultations with our representatives has assisted our consideration of the proposals.
The proposals are presented in six steps-
(1) the surrender of pastoral lease P 258
(2) reclassification to "farmland" and freeholding of 1340 ha, being the lower faces and base of the Criffel Range;
(3) a conservation covenant over 125 ha of the upper slopes/crest of the range;
(4) allocation of the 462 ha 'Luggate Creek block' to DOC;
(5) provision of public foot access to the DOC area via the southern boundary;
(6) emergency grazing over the DOC area.
Overall the presentation of information on natural and recreational values in the proposals is adequate. We believe that this is sufficient for the purposes of tenure review.
History behind this application
We note that this is the third time that application has been made for reclassification of the property. We were most disappointed that the last application was 'shelved' in 1987 when a large degree of agreement had been reached. We believe that in view of this, and to avoid total loss of lessee faith in 'the system", that the current process should proceed to completion.
Freeholding at higher altitude unacceptable
We are in agreement with the proposals except for freeholding of the upper slopes and crest of the Criffel Range. The reasons for our disagreement are that these areas, although modified, are prodominently natural in character, they do not qualify as "farm land" under section 51 of the Land Act, and the proposed means of protection, by way of conservation covenant, is inadequate.
Above 3500 feet the vegetation is predominantly native, although exhibiting considerable modification from a lengthy history of pastoral use. Stocking is inhibiting the slow recovery of tussock species on exposed and depleted crests.
In contrast, below approximately 3000-3500 feet elevation little vegetation with significant natural values remains. From a botanical viewpoint we have no objections to reclassification to farm land within this area.
We agree with the Landcorp description of visual and scenic values of the upper faces and crest. There is significant recreational value in on-site as well as off-site viewing of tussock and rock outcrops. It has a high level of visual interest. The steep upper escarpment of the Criffel Range has an array of rock outcrops some of which are locally impressive. Along the base of these are slumped boulder fields which complement the overall craggy appearance of the scarp. Road construction or other extensive earth disturbance within this zone would be locally destructive of these features and could be visible from State Highway 89.
Reclassification considerations
Lands and Survey field reports and the Land Settlement Board's 1975 decision to decline full reclassification show that the Board accepted that the severely depleted brow of the Criffel Range scarp (and the Luggate Creek Block) were unsuitable for reclassification. We believe that approval for freeholding of this area would be in knowing contravention of the Land Act, to which we would object.
In 1976 the renewable lessees of the adjacent Larches I property elected to freehold by deferred payments. This land is of similar altitude and aspect to Avalon. This situation arose through the issue of Small Grazing Run licences under the Land Act 1924 which obtained the right to acquire the fee simple. It is noteworthy that the northern neighbour, Larches, remains as pastoral lease as non-freeholdable pasturage licences were issued prior to the current Land Act.
We submit that quirks of history should have no bearing on the Avalon case. We are aware that you have been advised on the Waiorau case, on the basis of comparison with nearly high country freehold, that retention of Crown ownership was unnecessary. Today's statute must apply to the current application, not personal preferences/bias from official or contracted advisers.
Land use capability
No detailed land inventory and capability mapping has been done on Avalon, the MWD Land Resource Inventory Worksheets provide the best available data. There is a very clear alto-sequence up the western scarp of the Criffel and Pisa Ranges which is uniform along its extent. Useful comparisons can probably be made between Avalon and the adjacent properties that do have detailed land inventory information. The Class VI/Class VII transition generally follows the 3500' contour.
Lower terraces and alluvial fans (Class IV and the Class Vl below 3500' fenced for three-quarters of the distance) is clearly within the definition of 'Farm Land' and should be available for freeholding.
Above 3500', the Class VII lands of the hill and Luggate Creek blocks have such severe erosion and climatic limitations for the grazing, let alone other 'farming' uses, that its reclassification should be out of the question. There are active erosion forces in action along the steep Criffel scarp, much of which exhibits severe exposure of bare ground. Very limited grazing, if any at all, would be necessary to effect improvement of vegetative cover.
Covenant poor substitute for public ownership
For some time our organisation have been concerned at the insecurity and inflexibility of covenants as a means of protection of 'public interest values'. We are dismayed to read that DOC has already negotiated a covenant for the upper faces and range crest, implying that other options for protection of these areas have been foreclosed ahead of public submissions on the subject. We commend to you Private management of 'the public interest?' by Bruce Mason for a discussion of the relative merits of covenants verses public ownership of the high country.
The Landcorp report identifies a high level of visual interest in the area. The report does not however recognise the consequent potential for on-site appreciation and recreation by the public. This area, with its overlapping 'public interest' and grazing values, is ideally suited to a special lease issued under section 67(2) of the Land Act. This is clearly within the statutory powers of the Commissioner of Crown Lands to approve. Conversely we are of the opinion that reclassification to 'farm land' is not. Management must be designed towards not only preservation of the rock outcrops and prevention of burning, oversowing, afforestation, earth disturbances and artificial structures, but towards improvement of vegetative condition. Provision should also be made for public foot recreation within the area.
Retention of Crown ownership over the hill blocks would reduce the freeholding cost for the pastoral lessee. This may make the a deal more attractive to the lessee.
Luggate Creek Block
We fully support the reservation of this block. The Luggate Creek catchment consists of strongly rolling terrain with an intricate pattern of moderately incised interlocking spurs with the creek meandering across a moderately wide valley floor infilled by peat bogs. Water clarity within the creek is a notable feature. Along with a sense of enclosure compared to the 'open spaces' of the tops, the valley floor provides a very pleasant experience for the summer visitor.
Marked vegetative patterns between sunny and shady aspects provide much of visual interest, as are micro-topographic forms such as localised periglacial lobes and terraces. As noted in the Landcorp report, the tops and upper catchments are also important for several protected wildlife species. The block also contains historic goldmining relics which are of public interest.
We have misgivings about continued grazing of this block. The area has had a 'hammering' from pastoral use and is long over-due for recovery. Grazing during 'drought conditions' may be acceptable under phasing out provisions but we believe 20 years is too long-that is a long-term dependence. Changes in farm management should be able to be made within a 10 year period. We wish to be consulted over the exact terms of any grazing provision.
Proposed foot access easement
We agree with the proposed alignment of the easement up the southern boundary of Avalon, noting that a short section of legal road provides access across the Cardrona river. The Landcorp report does not make clear whether this is to be used for initial access. Whatever is used it must provide a practical ford on foot.
The terms of the easement must provide public right of passage on foot at all times without prior notification or consents required. It must be registered against the title. We do not agree with a Walkways Act easement being used as these have potential for closure of access.
We wish to register our disquiet at changes to publicly announced conditions of access arising from other tenure reviews. We wish to be further consulted over the exact terms of the proposed Avalon access easement and in particular if its conditions are to be different from those we specify above.
Recreational use
Tramping
Avalon is lightly used at present but could provide an interesting
day-trip outlet from Wanaka. Greater awareness of the scenic qualities
of Luggate Creek, wildlife and flora, could result in greater
visitation in future.
As the Criffel Range is the lowest extent of the Pisa massif it is more attractive for day trips than the rest of these uplands. The climb on foot to the crest of the Criffel is not great and is within the capabilities of moderately energetic walkers.
Cross Country Skiing
Currently the Criffel Range is traversed intermittently by cross
country skiers en route to or from the high Pisa tops.
Despite its lower altitude (4200-4500') and northerly aspect, we have observed there to be a consistently good snow cover during winter and spring over the whole Criffel crest and upper Luggate Creek catchment. Snow retention is probably due to the gentle gradients and low angle of incidence to incoming radiation. The rolling terrain is ideal for cross country skiing; its insignificant use at present being more a function of a lack of awareness by potential users rather than its unsuitability for this.
With expansion of cross country skiing on nearby Waiorau there will be an inevitable spill-over on to the Criffel Range.
Game Bird Hunting
The top block is known chukor habitat. The reservation of this
will be of benefit to game bird hunters. Quail are present in
gullies on the lower faces proposed for freeholding. We believe
that continued 'owner's permission' is adequate for hunting.
Fishing & picnicking
The Cardrona River is a brown trout fishery. Access to this from
the Cardrona valley road (SH 89) is reasonable. However to ensure
future availability as closer subdivision occurs it is essential
that the existing marginal strips on both banks are assessed
to see if they coincide with the river and additional strips,
or some other kind of public reservation, laid off as necessary
to ensure access. It is also desirable that an additional public
access from state highway 89 to the river be provided at the north
end of the property. This would greatly improve access for fishing
as well as picnicking.
We would welcome further discussions to resolve any outstanding matters that may stand in the way of completion of this deal.
Yours faithfully,
Bruce Mason
Trustee
(Landcorp) ANALYSIS OF PUBLIC SUBMISSIONS
FOR TENURE REVIEW ON AVALON STATION
Following the advertising of this proposal on the 6 and 7 of August 1994, seven submissions were received. Submissions were generally supportive of the proposal; however both Public Access New Zealand and the Public Lands Coalition raised serious concerns regarding the freeholding of high altitude Class VIIe Lands.
A brief summary of each submission follows:
| John Turnbull | Supportive | Comments relates to future stock management. |
| Public Lands Coalition | Support some aspects of the proposal. Oppose freeholding of Class VIIe land in covenant area. Believe 20 years is too long for DOC emergency grazing provisions. | |
| Otago Tramping and Mountaineering Club | Supportive | Some concern at lack of public access provision in the covenant area. In particular want public access along fenceline to Little Criffel Trig. |
| Royal Forest and Bird Protection Society: (Upper Clutha Branch) | Supportive | |
| Public Access New Zealand | Comments same as for Public Lands Coalition. | |
| Central Otago Tramping Club | Supportive | |
| Otago Regional Council | Supportive |
Landcorp Property Limited
26 May 1995
To: Public Access New Zealand
Attention: Bruce Mason
Dear Sir
RE: APPLICATION FOR EXCHANGE OF PROPERTY RIGHTS -
AVALON STATION
Thank you for your submission on the draft tenure review proposal for Avalon Station dated 23 September 1994.
I wish to advise that the Commissioner of Crown Lands has granted the above proposal as follows:
1. Po 258 is to be surrendered under the Land Act 1948.
2. An area of approximately 462 ha (subject to survey) is to be reserved and transferred to the Department of Conservation.
3. An area of approximately 1340 ha (subject to survey) is to be reclassified as farmland under Section 51 of the Land Act (1948) and be preferentially allocated to P D & D H M Gordon under Section 54, Land Act (1948).
4. Public access easements under Section 7(2) of the Conservation Act (1987) are to be established along the following routes:
(a) Along the southern boundary of the freehold to the Conservation Estate from the Cardrona Valley.
(b) From the Conservation estate to the Little Criffel trig along the upper boundary of the area to be freeholded.
(c) From the Cardrona Valley road to the Cardrona River at the northern end of the area to be freeholded.
5. Approximately 125 ha (subject to survey) of the upper area to be freeholded is to be subject to a conservation Covenant to he issued under Section 77 of the Reserve Act (1977).
6. The Department of Conservation is allowing emergency grazing on the proposed DOC Estate for a period of 20 years under set conditions (maximum of 3 years in 10).
Changes to the draft proposal arising from public submissions were as follows:
(a) Public foot access is to be established to the Little Criffel trig as outlined in 4 (b).
(b) Public foot access is to be established to the Cardrona River from the Cardrona Valley Road (as outlined in 4 (c).
Yours faithfully
Rob Wardle
Consultant
LANDCORP PROPERTY LIMITED