This page last modified 10 May 2002
Po 292
Lindis Pass
Otago Land District
Tenure review not approved by Commissioner of Crown Lands
DALRACHNEY 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 Dalrachney Station (1982) Limited the holder of Dalrachney Pastoral Lease.
Legal description of land concerned:
Pastoral lease land:
Part Run 732 Blocks II, III and IV Lindis Survey District, Block VI Ahuriri and Longslip Survey Districts and Section 2 Block VI Ahuriri Survey District being the land contained in Land Registry Folio Reference 1 C/1066 (Otago Registry) comprising 7965.6291 hectares.
General description of proposal:
(1) 2594 ha (approximately) to be designated as land to be restored to Crown control as a conservation area under Section 35 (2) (b) (i) and Section 36 (1) (a) of the Crown Pastoral Land Act subject to the granting of an easement concession and a recreation concession.
Concession:
(a) Easement concession a - b:
To provide farm access by foot or with vehicles or livestock for farm management purposes over an existing track.
(b) Easement concession j - k:
To provide farm access by foot or with vehicles for fann management purposes over an existing farm track.
(c) Recreation concession:
A recreation concession to be granted over the conservation land to provide access for guided walks, mountain biking and horse trekking.
(2) 5372 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder under Section 35 (3) of the Crown Pastoral Land Act 1998, subject to:
Part IVA of the Conservation Act 1987, Section 11 of the Crown Minerals Act 1991, an easement, and a covenant.
Protective Mechanisms:
(a) An easement to provide public access for persons on foot, on or accompanied
by horses, or by non-motorised vehicle powered by a person
or persons over a
route leading from State Highway 8 to the Lindis catchment. The
easement also
provides for access for management purposes.
(b) A covenant under Section 40 (1) (c) of the Crown Pastoral Land Act, for the purpose of preserving the sign)ficant landscape and natural environment over approximately 85 ha of the proposed freehold.
Further information including a copy of the plan, covenant, easement and concession documents, and information required under Section 39 CPL Act is available on request from the Commissioner's agent at the following address:
The Manager Knight Frank (NZ) Limited Land Resources Division P O Box 27 ALEXANDRA
Phone (03) 448-6935 Fax (03) 448-9099 E-mail: ken.taylor@dta.co.nz
Submissions:
Any person or organisation may send a written submission on the above proposal to the Commissioner of Crown Lands, C/- Knight Frank (NZ) Limited at the above address.
Closing date of submissions:
Written submissions must be received no later than 10 May 2002.
SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE
REVIEW
OF DALRACHNEY PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
(l) Details of land under consideration.
(2) Proposal.
(3) Description of proposed designahons.
Appendices:
Appendix 1: Plan.
Appendix 2: Draft easement concession [not included on this page]
Appendix 3: Draft recreation concession. [not included on this page]
Appendix 4: Draft easement document. [not included on this page]
Appendix 5: Draft conservation covenant document. [not included on this page]
Appendix 6: Section 39 CPL Act information. [not included on this page]
Details of land under consideration:
Pastoral lease:
Lease Name: Dalrachney
Lessee: Dalrachney Station (1982) Limited
Location: Lindis Pass highway, Omarama
Land Registry Folio Ref: lC/1066 fOtago Land Registry)
Legal Description: Part Run 732 Blocks, III and IV Lindis
Survey District,
Block VI Ahuriri and Longslip Survey Districts and
Section 2 Block VI Ahuriri Survey District.
Area: 7965.6291 hectares
Local Authorities: Waitaki District Council and Central
Otago District Council
Term of Lease: 33 years from 1 July 1997
(2) Proposal:
2.1 To be designated as land to be restored to Crown control as conservation area under Section 35 (2) (b) (i) and Section 36 (1) (a) of the Crown Pastoral Land Act 1998.
Area: 2594 ha subject to survey (area edged green on the plan in Appendix 1).
Subject to:
(a) An easement concession over the routes marked a - b and j - k shown on the Designations Plan. A draft concession document is attached as Appendix 2.
(b) A recreation concession over the entire conservation area to provide access for guided walks, mountain biking and horse trekking. A draflc concession document is attached as Appendix 3.
2.2 To be designated as land to be disposed of by freehold disposal to Dalrachney Station (1982) Limited under Section 35 (3) Crown Pastoral Land Act 1998 subject to protective mechanisms:
Area: 5372 ha subject to survey (edged pink on the Designations Plan in Appendix 1).
Protective mechanisms (Section 40 (1) (b):
(a) An easement to provide for public foot, horse and mountain bike access over the route marked b - c on the plan in Appendix 1. An easement for conservation management purposes is also to be granted over the same route. A draft easement document is attached as Appendix 4.
(b) A conservation covenant granted under Section 40 (1) (c) of the Crown Pastoral Land Act for the purpose of preserving the sign)ficant inherent landscape and natural environment over that part of the lease land (hatched green on the plan in Appendix 1). A draft covenant document is attached as Appendix 5.
(3) Description of Proposed Designations:
3.1 Land to be designated as conservation area:
3.1.1 Lindis Pass through Longslip Mountain:
Area: 2594 ha (approximately)
Description:
This area straddles the crest of the range extending northwards
from the State Highway at Lindis Pass and adjoins the existing
Lindis Pass Scenic Reserve. The area contains a number of unnamed
mountain peaks and the peak identified as Longslip Mountain with
an altitude of 1494 metres. The land is largely extensive tussock
grasslands but includes areas of shrublands in some gully systems.
This area has long been recognised as an important component of
the landscape adjacent to the main Christchurch to Queenstown
tourist route through the Lindis Pass.
This area is characterised by the following sign)ficant inherent values:
(i) The Lindis Pass area represents the special natural quality of a high country landscape which has added sign)ficance as it is adjacent to State Highway 8 which traverses the Lindis Pass.
(ii) Whereas most of the property has been significantly mod)fied the crest area proposed for restoration to Crown control is relatively intact. Snow tussock grassland forms the dominant community of this portion of the property with narrow leaved tussock below approximately 1200 metres and slim leaved snow tussock (Chionochloa macra) above. Hybrids between the two species often occur where they merge. Intertussock species includes Celmisia-q, Cassinias, Gultheria, Brachycome, Lycopodium and Aciphilla species. In the vicinity of scree slopes isolated patches of Phyllocladus. One of the most extensive sites of Ranunculus haastii in the Mackenzie Basin is found on Longslip Mountain.
Isolated shrublands representative of the district are found in some gully areas. These are largely made up of matagouri and coprosma species. There are limited areas of Dracophyllum shrublands on the western slopes of the range.
(iii) The fauna on Dalrachney was surveyed and 6 native species and 17 introduced species of bird identified. Included among the native species were the rifleman, grey warbler, fantail and New Zealand falcon. Aquatic fauna was confined to 2 native species, the upland bully and the koara. The upland bully is rated "C" for conservation purposes. While invertebrate species were noted as numerous these specifics have not been identified. Two skink species were located on the property along with the common gecko.
(iv) The proposed conservation area incorporates the majority of 3 Recommended Areas for Protection identified during a PNA Survey. These RAP's recognise the extensive tall tussock landscape remaining in a semi-natural state adjacent to State Highway 8. Among the values identified in these RAP's was that the red tussock grassland near State Highway 8 is a recognisable feature of the landscape and is uncommon in the ecological district.
(v) The proposed conservation area will contribute to the overall
natural functioning and ecological integrity of the significant
natural values in this area including enhancement of the adjoining
Lindis Pass Scenic Reserve.
(vi) This proposal will also provide for outdoor recreation opportunities in a natural setting and provide new opportunities along this range. Close to a state highway, this physical setting can provide a "remote" experience in a relatively short space of time.
3.1.2 Easement concession:
It is proposed that an easement concession be granted over two routes within the proposed conservation area. The first identified as a - b will provide the legal access to a significant portion of the property which will be isolated by the proposed conservation area. This concession will allow for full farm management access including machinery and livestock. The second easement shown on the route j - k provides essential farm management access over an existing track to transport men and equipment to the back portions of the now isolated part of the property for mustering purposes. This concession is designed in a manner to minimise the impact on the conservation area.
3.1.3 Recreation concession:
As part of consultation on the tenure review the holders have requested and been offered a recreation concession for a period of 10 years, with a right of renewal for further 10 years to conduct guided walks, mountain biking and horse trekking within the proposed conservation land. This is a non-exclusive concession and will provide for an extended range of recreational opportunity.
3.2 Land to be designated as land to be disposed of by freehold disposal to Dalrachney Station (1982) Limited subject to protective mechanisms:
Total area: 5372 ha (approximately).
3.2. 1 Proposed freehold:
This area is isolated into two blocks separated by the proposed conservation land. On the eastern side of the Lindis Pass is an area of largely developed farmland which has been cultivated or oversown and topdressed. This is generally well fenced and also incorporates the farm buildings and operations centre. To the west of the Lindis Pass is an extensive area of very modified tussock grasslands, some of which has been oversown and topdressed. This area rises in altitude from 600 metres in Smiths Creek to 1500 metres towards the rear of the property. The boundaries were largely chosen to achieve practical fenceline-q. The majority of this area lies below 1000 metres. Good results have been achieved with oversowing up to these altitudes in this vicinity.
3.2.2. Easement:
A public access easement is proposed over the route identified as b - c on the plan in Schedule 1. This easement provides for public foot, horse and mountain bike access from the conservation area adjoining State Highway 8 through to Smiths Creek to the Lindis Catchment. This is considered a very significant public access route. Public access in this vicinity isn't currently readily available.
3.2.3 Conservation covenant:
A conservation covenant is proposed over approximately 85 ha at the top of the hill leading into Smiths Creek. The freeholding of this area is important as it is the only point of ready access to the now isolated rear portion of the property. A covenant has been entered into in order to protect the landscape values.
(4) The Proposal in relation to the Objects of Part 2 CPL Act:
The objects of Part 2 of the CPL Act are set out in Section 24 of the Crown Pastoral Land Act 1998 viz:
24. Objects of Part 2 - The objects of this part are:
(a) To:
(i) Promote the management of reviewable land in a way is
that is
ecologically sustainable:
(ii) Subject to subparagraph (i), enable reviewable land
capable of
economic use to be freed from the management constraints
(direct and indirect) resulting from its tenure under reviewable
instrument; and ;
(b) To enable the protection of 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.
The proposal promotes the management of the land in a way that is ecologically sustainable by returning the majority of the higher altitude land to the Crown for conservation purposes. The majority of the land proposed for freehold is capable of enhancement for pastoral purposes and the removal of the constraints of a lease may encourage this enhancement. The proposal includes the freehold of a relatively small portion of higher altitude land, but this is a compromise to allow for practical fencing. Conversely the proposed conservation area extends to relatively low altitudes. The loss of these lower altitude lands may affect the sustainable use of the property for pastoral purposes.
The proposal enables reviewable land capable of economic use to be freed from the management constraints resulting from its current tenure and may in time promote a wide range of land uses.
The proposal protects the significant inherent values related to the landscape and vegetation of the range crest through the lease. The protection of these values is not compromised by the proposed concessions thereby the preferable restoration of the land to full Crown ownership and control was not necessary. An area of significant landscape value was identified in the land proposed for freehold disposal but this value can be protected by a protective mechanism (covenant) thereby meeting the objects of the Act. Public access is provided for within the proposed conservation area, providing potential routes on the range crests. Secondly important public access is provided from the Lindis Pass Highway through the Smiths Creek area to the Lindis catchment.
APPENDIX 1:
DEPARTMENT OF CONSERVATION
REPORT TO KNIGHT FRANK LTD
ON TENURE REVIEW OF DALRACHNEY STATION PASTORAL LEASE
PART ONE: INTRODUCTION
Dalrachney pastoral lease (7965 ha) is situated west of the Lindis Pass State Highway. The property encompasses the steep tussocky mountains of Mt Longslip and part of the main ridge running north to Dromedary Hill on Longslip.
Dalrachney Station is situated in the Ahuriri and Lindis Ecological Districts. Both ecological districts comprise folded mountains clothed in short tussock grasslands and exotic pasture grasses on the lower slopes, while tall tussock grasslands occur on the higher slopes.
Dalrachney Station was surveyed as part of the Protected Natural Areas Programme (PNAP) in the mid 1980s. These ecological surveys were done as two separate programmes. One surveyed the Lindis/Pisa/Dunstan Ecological District, while the other surveyed the Mackenzie Ecological Region. These surveys identified three recommendedareas for protection (RAPs) were on the property: Lindis B1 Upper Smiths Creek, Lindis B2 North Lindis Pass, and Ahuriri 14 Lindis Pass. The latter two RAPs adjoin the existing Lindis Pass Scenic Reserve of 403 ha.
PART TWO: CONSERVATION RESOURCE DESCRIPTION
2.1 Landscape
Dalrachney is situated at the northern end of St Bathans Range, north of the Lindis Pass. The property extends from SH8 (Lindis Pass) in the east to the Lindis River in the east.
The eastern part of the property is well known as it is located alongside the Lindis Pass State Highway, a major tourist route. The distinctive landscape surrounding the Pass is perhaps the best known tussock landscape in New Zealand and is a highly identifiable Canterbury landscape.
Broadly, the property forms one more or less homogeneous landscape type which is mainly a reflection of a similar geological type over the whole property.
There are however, discernible differences. This is mainly due to differences in the condition of vegetation.
1. The condition of the vegetation varies from west to east. A more continuous, less depleted cover of tussock occurs at the higher Lindis Pass end compared to further west.
2. A reduced incidence of shrubland in the Lindis Pass area compared to significant areas in the Smith Creek catchment.
For both factors (i.e. 1 and 2) altitude is probably the main reason for the differences.
3. More pronounced, broken landscape in the Smith Creek Catchment, (and rounded landforms separating Smiths Creek and the Lindis River) compared to broad, smooth slopes and angular mountains nearer the Pass.
Though broadly the property forms one landscape type, it is convenient to divide it in two for assessment purposes.
1. Lindis Pass
The Lindis Pass type encompasses the front ranges around Longslip Mountain. The small pockets of flat land are developed while some of the lower slopes have been oversown and topdressed. Above 1000m contour the vegetation is primarily homogeneous, tall tussock grassland of varying density. While tussock cover is scattered and sparse in some areas, it still conveys the feeling of continual tussock.
The characteristics of the Lindis Pass landscape include:
The distinctive landform type and enclosure, i.e. smooth rounded low hills contrasting with distant, tall, angular hills and peaks.
Intactness Moderate
Coherence High
Distinctiveness High
Visibility High
Significance High
Smiths Creek
Smiths Creek catchment has similar characteristics to the
Lindis Pass in terms of geology, landform and vegetation, the
greatest difference being in the condition of the vegetation.
The western slopes of the main Longslip Range have a similar homogeneous,
tall tussock landscape to the Lindis, however, the lower slopes,
spurs and valley floor are more modified with depleted short tussock,
Hieracium, exotic pasture species and large drifts of matagouri
dominated shrubland.
Intactness Moderate
Coherence Moderate
Distinctiveness Mod-High
Visibility Moderate
Significance Mod-Low
Note: A middle range score for factors of intactness, coherence and visibility reflect that higher parts of Smiths Creek, notably the western slopes of the main Long Slip spur have a higher rating for these factors while lower slopes and the valley floor have a comparatively rating.
Conclusion
The main focus of landscape interest in the property is in achieving some wider protection for the Lindis Pass landscape. The Pass is well known for its spectacular tussockland scenery and is widely recognised as a landscape of national significance.
In terms of landscape character and quality the area identified as priority for landscape protection represents the best example of the typical Lindis Pass landscape type. Its location forming part of the Lindis Pass highway corridor, adds considerable weight to priority being given to this area.
The Lindis Pass landscape is highly vulnerable to change. It is critical that formal protection is secured for an enlarged Lindis Pass representative landscape.
2.2 Landform and Geology
The majority of Dalrachney is relatively steep, rising from 600m to 1554m above sea level. Small flats exist around the homestead gully and alongside Longslip Creek. There are more extensive flats in the valley floor of Smith Creek and its tributaries.
The main mountain range is primarily finely foliated schists. The slopes are dominated by smooth colluvial slopes with predominantly narrow but rounded undulating ridges. The valleys have been infilled by alluvial fan gravels. The soils are Kaikoura and Cass yellow brown earths.
The Longslip and Smiths creeks have numerous tributaries feeding into them forming an even but dissected catchment pattern. The western-most corner of Dalrachney touches the Lindis River for a short distance' The property, in effect, drains into two totally different catchment systems, Smiths Creek/Clutha River and Longslip Creek/Waitaki River.
2.3 Vegetation
The most notable feature of Dalrachney is the extent of modification
to the native vegetation that has occurred over much of the property.
Virtually no beech forest remains, shrublands are not extensive
though they may be increasing, snow tussock cover is highly variable
with excellent cover in some upper catchment-q; it generally improves
above 1000m but is very patchy and sporadic elsewhere. Most of
the lower hill slopes are a mix of hard tussock and exotic grasses
such as sweet vernal with mouse ear hawkweed often dominant. This
community on the more fertile slopes still has a greater component
of native herbs and grasses. Most of the valley floors and lower
fans are primarily covered by exotic communities with only small
areas of native vegetation occurring such as the red tussock communities
along the upper Lindis Pass Road (SH8) and some shrublands in
Smiths Creek. In places along the ridge tops, green, grassy areas
with chewed down slim-leaved snow tussock shows the effect of
nutrient enrichment and heavy grazing pressure around sheep camps
on this high altitude vegetation
The best of the remaining native tussock grassland and shrubland vegetation lies to the south and west of Longslip Mountain and the upper catchments below point 1554m. The main ridge slopes have excellent tall snow tussock cover with very few exotic species present. On Dalrachney there are five main vegetation communities. These are:
i) Exotic Grasslands
Exotic grassland of sweet vernal, (Anthoxanthum odoratum) brown top, (Agrostis capillaris) mouse ear hawkweed (Hieracium pilosela) are sometimes dominant. The native hard tussock (Festuca novae zelandiae), small herbs and other plants such as patotara (Leucopogon fraseri), hawksbeard (Crepis capillaris) and white clover (Trifolium repens), covers most of the lower flat land, terraces, and fans and extends to the mid hill slopes in some areas, particularly towards the western side of the run in the Smiths Creek catchment and the catchment north of Longslip Mountain to about 700m. On particularly dry areas and around sheep camps, barley grass Hordeum murinum), the bromes (Bromus tectorum and B. hordeaceus) and other exotic species such as horehound (Marrubium vulgare) and woolly mullein (Verbascum thapsus) are prominent. Scattered shrubs of matagouri Discaria toumatou) and sweet brier Rosa rubiginosa) occur throughout and form patches in places with the native broom (Carmichaelia petrel) and porcupine shrub (Melicytus sp.)
Where fertility is higher such as along lower stream banks and tracks, silver tussock (Poa cita) is dominant along with exotic grasses.
These exotic grasslands are interspersed with a few native species and also are difficult to differentiate from the mixed native/exotic community described below.
ii) Mixed Native/Exotic Grassland
The dominant species here are hard tussock and sweet vernal, often with mouse ear hawkweed prominent along with a wide range of native herbs such as Raoulia subsericea, Leucopogon fraseri, Brachyglottis hanstii, Celmisia gracilenta, the grasses, blue tussock (Poa colensoi), Rytidosperma pumila and small shrubs like Pimelia oreophylla. The shady south east faces usually contain a wider range of native species than the drier, sunny north and west faces. Narrow-leaved snow tussock (Chionochloa rigida) is frequently present either as scattered plants or forms small patches of low stature. This community of hard tussock comprises 15 to 25% ground cover with sweet vernal (10 to 20%), mouse ear hawkweed, where present up to 30% bare ground 5 to 10% (higher on sunny slopes) with other herbs, grasses and mosses making up the rest of the ground cover. Where soil moisture is higher brown top is more prominent. On open ground and shallow soil sites such as some ridge tops, mouse ear hawkweed is more prominent.
This comminity covers above 60% of the property and forms the major community on the western part of the Dalrachney. This extensive zone has an altitude range 600m to 1100m. While the western portion of the property is predominantly mixed native/exotic grassland some low stature shrubland persists on these faces. Near the main ridge on the Breast Hill/Dalrachney boundary, isolated pockets of shrubland occur along with a few scattered beech trees.
iii) Snow Tussock Grassland
Snow tussock grassland forms the dominant community in the central part of the run over about 900m with narrow-leaved tussock below about 1200m and slim-leaved snow tussock (Chionochloa macra) above. Hybrids between the two species often occur where they merge. Some small areas of narrow leaved snow tussock occur at lower levels, including one or two on the steep faces along SH8. The best area of snow tussock is found in the catchment below point 1554m west of Longslip Mountain. Here narrow-leaved snow tussock varies from 50% cover on sunny faces with blue tussock 10%, hard tussock 15%, litter 5%, patotara 5%, Celmisia Iyallii, Anisotome flexuosa, Pimelia oreophylla, Cassinia vauvilliersii, Gaultheria novae zelandiae, Bracirycome haastii, Brachycome sp. (c.f. longiscapa), Lycopodium fastigiatum, Aciphylla aurea and occasional patches of mouse ear hawkweed and scattered tussock hawkweed (Hieracium lepidulum). The catchment west of point 1554m also contains patches of Phyllocladus alpinus growing at the foot of a large scree slope. Other prominent species occurring here are Carex coriacea and Schoenus pauciflorus. Seepage areas are generally dominated by Schoenus pauciflorus and Bulbinella angustifolia but there are also many small sedges, rushes and herbs such Nertera balfouriana, Ranunculus gracillipes, Ourisia caespitosa, Dolichoglottis Iyalli, Uncinia divaricata and Craspedia sp. South east of Mount Longslip on a big scree is found Ranunculus haastii which is one of the most extensive sites found in the Mackenzie Basin.
Above 1200m slim-leaved snow tussock appears with a cover of 25 to 50% with more bare or stony ground (5 to 30 % in places), blue tussock 5 %, Raoulia grandiflora 20%, Lycopodium fastigiatum 10%, Gaultheria novae zelandiae 15%, litter 5%. Other species here include Celmisia densiflora, Leptinella pectinata, Kellaria dieffenbachii, Aciphylla montana, Gentiana sp., Hebe buchananii and Leucogenes grandiceps appearing on rock outcrops.
The summit ridge top can be relatively bare, with slim-leaved snow tussock chewed almost to ground level and often sparse or completely gone. Exotic species can be dominant.
Good snow tussock is also found in the adjacent upper catchment-q to the north of point 1554m. These catchment-q also contain good shrublands in their lower reaches.
This tall tussock community comprises the majority of the three RAPs that were identified during earlier PNAP surveys. These were:
a) RAP B1 Upper Smiths Creek. This RAP identified a 630ha catchment of upper Smith Creek which was considered worthy of protection. This RAP was identified as a mixture of shrubland communities in the lower reaches, extending through to tall tussock grasslands on the upper colluvial slopes. The shrubland in this RAP is mainly confined to the narrow valley sides and is predominantly Matagouri, Coprosma propinqua and the occasional plant of Coprosma intertexta. The PNAP report rated this RAP as being a second priority RAP that was analogous with Lindis A1 on an adjoining property. The summary criteria rated the representativeness, viability, and buffering as high, with the remaining criteria as being medium. The report noted that the lower altitude slopes were not as diverse. A re-inspection reinforced this, and the majority of the land below 900m has been a high incidence of introduced pasture grasses.
b) RAP B2 North Lindis Pass. This 720ha RAP was also identified as being analogous to Lindis A2 (Double Peak) and would supplement the adjoining Lindis Pass Scenic Reserve. Although the area is somewhat modified at the lower altitudes it is still largely a natural community. Narrow-leaved snow tussock occurs as single plants or patches within the lower part of this RAP. On the moister alluvial surfaces it has hybridised with red tussock and the latter forms a narrow band alongside the upper portions of Longslip Creek. The other prominent species occurring here are Carex coriacea and Schoenus pauciflorus.
c) RAP 14 Lindis Pass. This RAP was identified during the Mackenzie PNAP survey and largely overlaps with B2 above.
The Lindis Pass Scenic Reserve RAPs and environs have been the subject of a number of botanical reports and recommendations over the years, all endorsing that the island of tussock grassland is too small as a reserve, requires adequate buffering and that the area has importance from a scenic viewpoint.
4. Shrublands
Shrubland fills many of the narrow valley floors and is slowly revegetating some lower slopes, with matagouri being the main plant. Sweet brier is also prominent, especially along the faces above SH8. The main species which are present are Olearia odorata, Olearia bullata, Melicytus sp., Aristotelia fruticosa, Carmichaelia petriei and Coprosma propinqua, Manuka (Leptospermum scoparium) is returning to some slopes near the western Dalrachney/Breast Hill boundary. A few isolated mountain beech trees also occur on the ridge alongside the boundary fence and adjoins a more extensive area on the neighbouring property of Breasthill. The western slopes are largely grassland with any remaining shrublands being low in stature and . diversity. Dracophyllum spp., mainly uniflorum but a few D. Iongiflorum and small areas of D. pronum appears to be increasing along some south or east facing ridges in the northern parts of the run. Coprosma intertexta is also found scattered amongst these shrublands.
The most diverse shrubland remnants are found in the lower catchment-q which extend onto the main ridge of Dalrachney that runs through the centre of the property.
5. Rock Bluffs and Rocky Ridges
A number of plants favour rock bluffs or the shallow soils of rocky ridges where competition is less or where there is protection from browsing and/or fire Plants here include Hebe rakaiensis, Oreomyrrhis ramosa, Anisotome brevifolia, Festuca mathewsii, Luzala migrata, Parahebe decora, Epilobium pubens and the ferns Polystichum richardii, P. vestitum, Asplenium flabellatum and A. richardii on lower bluffs and Celmisia densiflora, Hebe buchananii, Pimelia traversii, Gaultheria crassa and Podocarpus nivalis on higher bluffs and ridges.
Problem plants on Dalrachney are largely confined to brier and hawkweed. The latter occurs mainly at the lower altitudes or where the ground cover is depleted. The Longslip Creek catchment is a source of Russell Lupins, tree lupine and crack willow. The tree lupin is a recent arrival, having been brought in by road gravel.
The vegetation communities on Dalrachney have largely been defined by past and present farming practices. The lower altitudes are made up of exotic grassland with small remnant patches of native vegetation. Any remaining natural sequences have been destroyed by grazing.
However, the central spine of the property has a very high degree of naturalness. The upper left branch of Smiths Creek has relatively intact shrubland growing alongside the creek margins. These shrublands are moderately diverse and contain the majority of the species listed above. The shrubland edge is abrupt and grades into narrow-leaved snow tussock. These snow tussock faces are relatively uniform and extensive to the ridge tops. Small screes or rocky outcrops interrupt the overall patterns. Higher up, the narrow-leaved snow tussock grades gradually into slim-leaved snow tussock. This transition is not obvious on the ground.
While the majority of the central portion of the property is fairly natural, a catchment directly north and below Longslip Mountain has been highly modified. The extensive snow tussock slopes are not present, and only remnant scattered plants occur. Elsewhere, the vegetation is a mix of Fescue tussock and exotic grassland. The high inherent values are not present.
Altitudinal patterns in the lower section of Upper Smiths Creek (RAP B1) have been modified over time. However, other catchment-q have natural values extending to a similar altitude. The northernmost gully next to the Longslip boundary (headwaters of Longslip Creed) provides a similar vegetation component to the central core of Dalrachney.
2.4 Fauna
The shrubland and tussock grassland communities host 23 bird species, six native and 17 introduced species. The rifleman, grey warbler and fantail were noted in the shrublands and beech remnant, while the New Zealand falcon was observed in the east branch of Smiths Creek, and may have been nesting in the rocky outcrops.
Aquatic fauna on Dalrachney was confined to two native species, the upland bully (Gobiomorphus breviceps) and the Koara (Galaxias brevipinnis). The upland bully is rated 'C' for conservation purposes. Brown trout was also recorded in the streams.
Invertebrates noted were numerous and appear to be closely linked to the existing botanical values. The shrublands in the upper reaches of Smiths Creek hosted the main insect species. Two skink species were located on the property. These were McCann's skink (Oligosoma marcanni) and the spotted skink (0. Lineocellatum).
The latter was plentiful on larger scree slopes along the tops. The common gecko (Hoplodactylus maculatus) was also common.
Animal pests are largely confined to rabbits and pigs of the lower altitudes. While the occasional deer, chamois and thar have been noted on the property.
2.5 Historic
Dalrachney was originally part of the huge Morven Hills Run. Morven Hills was taken up in 1856 by the McLean brothers and their sister. John McLean ran Run 235 which extended over the Lindis Pass and included all the land now known as Dalrachney. Morven Hills had a variety of owners and it appears that Dalrachney was sub-divided off in about 1910. It was purchased by Tertius Munro who also jointly owned Longslip. He did not join these two properties together.
The remains of an old hut is still evident alongside the left branch of Smiths Creek. This hut may have been an old boundary hut for the Morven Hills Station.
2.6 Recreation
2.6.1 Physical Characteristics
The Lindis Pass setting is well known to travellers. The distinctive, steep mountain landform of low hills and distant angular peaks is very accessible to the public. Access from the State Highway to the tops and the more remote parts of the property is relatively easy.
2.6.2 Public Access
There are no legal access points through Dalrachney for the public. The Lindis Pass State Highway runs alongside the eastern boundary of the property. The Lindis Pass Scenic Reserve is located in the south eastern corner of the property and while that is available for public recreation the public cannot venture as of right onto Dalrachney.
As the Dalrachney lease has been renewed, any stream over 3m on the property will have marginal strips laid off automatically.
2.6.3 Activities
The Lindis Pass State Highway provides tourists with an opportunity to appreciate the eastern sector of Dalrachney. This appreciation is primarily passive and is oriented around the tussock grassland landscape that survives today. While travellers stop on the Pass, few venture off the main road. For those who do, the majority stagger up a small hill to the north of the pass.
To date, there is little recreational use made of Dalrachney despite the area being easily accessible. Good farm tracks (4WD only) provide access onto the tops, through the property to Smith Creek and to the Lindis River. Considerable potential could exist for tramping, mountainbiking, horse riding and hunting. Also god round trips may be available as other properties join the tenure review process.
PART 3: CONSULTATION AND DISTRICT PLANS
3.1 Consultation
An NGO meeting was held in Oamaru in June 1996. Following on from this, two written comments and one verbal comment have been received. The main issues identified were:
i) Landscape importance of Lindis Pass.
ii) Extending the existing Scenic Reserve.
iii) Excluding stock from Reserve area.
iv) Obtaining access to Smiths Creek, Lindis River and Mount Longslip.
v) Access for foot, mountainbikes, cross country skiing and horses.
vi) Round trips be considered.
vii) All water courses over 3m to have marginal strips laid off.
viii) All class VII and VII to go to DOC.
3.2 District Plan Provisions
Dalrachney lies within the Waitaki and Central Otago Districts. These plans are at various stages of review. The Waitaki District Plan has been notified and is now operative. The public submissions phase has passed and the submissions are being collated and analysed.
Dalrachney is zoned 'Rural' and is subject to a number of rules. The main rules applying to Dalrachney affect the majority of the land over 900m. The following cannot be undertaken over 900m without a resource consent.
i) building
ii) earthworks
iii) indigenous vegetation clearance
iv) exotic tree planting.
Resource consents are also required for any activity that has been identified in areas of significant nature conservation value identified within the District Plan, except at this point no areas of conservation value have been identified on any planning map. Although the Department of Conservation has asked for RAPs on Dalrachney to be included. The notified District Plan does not identify any landscape value through the Lindis Pass.
PART 4: RECOMMENDATIONS AND JUSTIFICATIONS
4.1 The areas described in the proposals which follow have high inherent values which, in the Department of Conservation's opinion, should be taken into account in tenure review discussions, along with public access requirements.
The significant conservation values on Dalrachney are the ecological values of the main hill block and the landscape values of the Lindis Pass environs. The property could also provide opportunities for good recreational access and through routes.
4.2 Areas to be Fully Restored to the Crown
4.2.1 Lindis Pass/Longslip Mountain Complex
Recommendation: That an area of some 3000 hectares be transferred to the Department of Conservation to be managed as Conservation Land. This area would be fenced and destocked.
Description: This area is broadly defined as all the land west of the Lindis Pass
highway and incorporates the main ridge that runs along the backbone of this property. As outlined on Map 3,, the upper catchment of Longslip Creek from point 942 is included along with the Lindis Pass environs. The eastern boundary includes Longslip Mountain and the majority of the northern most catchment that bounds Longslip Pastoral Lease.
On the western side of the range, the line extends from the Longslip boundary,
through the tributaries of Smith Creek along existing fenceline-q at the 900-l000m level to where it touches the current Mt Thomas boundary. From here it follows the boundary fence through to the Lindis highway.
Justification: This extensive area protects the following high inherent values.
The above ecological features are all interlinked and, if protected, will form a continuous ecological unit. This is a unique opportunity for the Lindis Pass Scenic Reserve to be extended to form a large, viable unit. The ecological features in the proposed area are the key features to this proposal. While the Lindis Pass Scenic Reserve contains a range of natural elements its initial protection was primarily for scenic reasons. Over the decades proposals have been discussed to extend the reserve to provide for an extended landscape corridor and to protect the ecological elements nearby that are lacking in the Reserve.
Management and Boundary
The management of the existing Lindis Pass Scenic Reserve and an extended area has been a source of considerable debate and negotiation. Various positions have been negotiated/proposed over the years, but with no successful conclusion. These have ranged from continued stocking, de-stocking and topdressing. Various fenceline-q have been proposed and this is still an issue. Transit New Zealand has also entered the debate and insists that the State Highway be fenced so that wandering stock can no longer cause traffic accidents.
The prime objective for this Tenure Review proposal must be the continued long-term viability of the tussock grasslands around the Lindis Pass. De-stocking is essential and this would involve erecting some new fencing around parts of the proposed conservation area. From the Lindis Pass Highway an existing fence running nor1h from near an area of snow tussock to the Longslip Spur could be utilised. A fence over Longslip Mountain needs replacing and a new fence into the catchment next to Longslip would be required. The upper Smith Creek RAP could be protected by the existing fenceline which cuts across the hill at the 800-900m level. From this point to the southern Dalrachney boundary a new fence may be required to delineate the freehold/conservation land. In total, some 10km of new fencing may be required to implement this deal. This proposal would negate the need for a fence along the State Highway and the potential impacts that new fencing has on the landscape. The existing Lindis Pass Scenic Reserve has a high incidence of hawkweed which has been discussed at length over the years. Hawkweed is also found on Dalrachney but primarily at the lower altitudes in the mixed native/exotic grassland below 900m. It is considered that by de-stocking and allowing the native ground cover to increase in stature and density, the hawkweed cover may decrease.
Proposed protection of this larger area has the additional benefit that the existing Scenic Reserve would no longer be a pocket handkerchief surrounded by pastoral farmland. Removal of stock and adequate buffering should result in increased tall snow tussock cover in the reserve. Currently, snow tussock is scattered and short fescue tussock, along with brown top and Hieracium is dominant. Ecological values will increase as will the landscape value of the area. Increased stature and density of tall snow tussock will improve the colour, form and texture of the immediate environs and ultimately the area may return to a distinctive landscape that is actually part of New Zealand's highcountry heritage.
This proposal also raises boundary issues with the adjoining properties, as the Scenic Reserve has boundaries with Morven Hills and Dunstan Downs. Stock currently graze the Scenic Reserve on the south side of SH8 and could continue to trespass into this new proposal if other issues such as fencing and destocking are not addressed. Tenure Review of these properties may solve these issues.
Proposals to have the area as a special lease will no doubt be raised by the lessee during the negotiations. This is not a desirable option, as continued grazing will result in further decline of the tussock grassland communities and ultimately the demise of the native component around the Lindis Pass area. The fact has already been clearly demonstrated by the conditions of the adjoining Scenic Reserve that has been grazed and even burnt since its gazettal.
This proposal excludes a catchment immediately below and north of Longslip Mountain as it lacks the high inherent values required for consideration under the Department's guidelines. But it could be included in the negotiations if it is considered to be more practical from a fencing viewpoint. Under a destocking regime the area has the potential to recover.
The western boundary of the proposed conservation land follows in part, existing fence lines. While these fence lines cut across catchment-q they are practical boundaries and also form the clear transition zone between improved farmland and areas of high inherent ecological value.
4.3 Access Arrangements
Access to the proposed conservation area will be freely available from the existing Scenic Reserve and State Highway, however, legal access easements are sought along the following routes:
i) Foot, mountainbike and horse access along the true left branch of Smiths Creek from the proposed Conservation land to the junction of the main tributary of Smiths Creek.
ii) Foot, mountainbike and horse access up the main tributary of Smiths Creek to the Longslip boundary.
The above two easements over an existing farm track, provide practical access from the State Highway, through the proposed conservation area to Smiths Creek. This would enable linkages to be established with other proposed access routes and Conservation areas on adjoining properties.
These easements would enhance the recreational opportunities of the Lindis area, opening up future round trips down the Lindis River, through into the Ahuriri Valley and Timaru Creek.
Access would enable a diverse range of activities to be enjoyed and provide opportunities for increased public enjoyment of a unique part of Canterbury and Otago.
It is envisaged that this easement also be available for DOC management purposes. While public vehicle use can result in a deterioration of farm tracks, it is considered desirable for DOC to at least be able to utilise these access routes. Any public vehicle use of farm tracks will remain at the sole discretion of the land holder.
Legal Status: It is proposed that these easements be established under Section 7(2) Conservation Act (1987)
Management Considerations: These are generic with all easements:
o Low level development, marking and styles.
o Ensuring basic safety information is described
o Protecting tracks from illegal 4WD use
o Some level of contribution may be required for periodic DOC vehicle use.
o Ensuring that as other adjoining properties enter the Tenure Review process, easements are monitored and linked as the Lindis Pass provides easy public access to a considerable area of land.
4.4 Other Matters
4.4.1 The matters raised by the NGOs are largely taken into account by the DOC proposal. The Lindis Hut was mentioned as a desirable hut for the public to be able to utilise. However, ownership of this hut lies with the lessee on the adjoining property of Breast Hill.
o As a generic issue, all the Class VII and VII land should pass to DOC. This proposal incorporates the majority of the Class VIR and VII land, but where it does not, it is primarily because the high inherent values are lacking. The groups also mentioned laying of marginal strips. This has occurred as part of the pastoral lease renewal that occurred in July 1997.
4.4.2 As noted in section 2.3, weeds in Longslip Creek are a source of infestation for the Ahuriri River, which is an important braided bird habitat. Currently, $100,000 is spent on weed control in the Ahuriri as part of Project River Recovery. It is pointless to continue this work if reinfestation continues from other sources.
As part of this process it is desirable that any weed source in Longslip Creek be removed. The priorities are:
I) Any gorse, broom or tree lupin that currently exist be eradicated.
ii) Prevent further spread of Russell lupin and reduce the seed
supply.
iii) Control crack willow to reduce the supply of twigs to the
Ahuriri River.
iv) Establish a long term monitoring/control programme between
DOC and the landholder to ensure that existing, and new weeds
are controlled.
Knight Frank, as agents for the Commissioner of Crown Lands, are requested to assess the appropriateness of the lessee undertaking this work in exchange for a reduction in the purchase price for freeholding, and that as part of this Tenure Review process a management arrangement be set up between the landholder and DOC that allows for continued monitoring and control of present and future weeds.
4.4.3 This Tenure Review proposal results in Dalrachney being split in two. Stock will need to be moved from area to area and it is envisaged an easement(s) through the proposed conservation land will be required.
On an adjoining property (Longslip) Tenure Review may result in a small area of land being freeholded, which would be remote from the main farm land. This area on Longslip could be amalgamated with Dalrachney in the longer term.
The balance of the property not described above should be available to the current lessee as freehold land, as this area has been extensively modified and is of little value from a conservation perspective
DALRACHNEY STATION PASTORAL LEASE.
PART 4 (FOR OFFICIAL USE ONLY)
Amended RECOMMENDATIONS AND JUSTIFICATION
[added July 1999]
4.1 Recommendations
4.1.1 That the proposals described below be submitted to the
CCL's Agent, during the consultation process on the preliminary
proposal for this tenure review, as representing the views developed
under delegated authority from the Director-General of Conservation.
[Note that additional proposals, developed after tile initial
report is written, may also be put forward at the consultation
stage.]
4.1.2 Note that statutory consents will be required before the CCL can include (in the preliminary proposal for this tenure review) the designations set out in paragraphs: 4.2.2, 4.2.4, 4.2.5 and 4.2.6 below.
4.1.3 Note that any land disposed of is subject to Part IV A of the Conservation Act (1987) regarding marginal strip provisions.
4.2 Proposals and Justification
4.2.1 Land to be Restored to or Retained in Full Crown Ownership and Control
Not applicable
4.2.2 Land to be Restored to or Retained in Crown Control
4.2.2.1 Name: Lindis Pass/Longslip Mountain Complex
Existing status: Pastoral lease.
Authority: s.35 (2)(b)(i) and s.36 (3)(b) CPLA
Proposal: That an area of approximately 3000 hectares be
designated as a Conservation Area to be managed by the Department
of Conservation creation of an easement in favour of the adjacent
land.
Description: This area extends from the Lindis Pass north wards along the main range over Longslip Mountain to the Longslip Pastoral lease boundary to the North. This area includes all of the upper catchment-q that flow east or west of this main range.
Justification: The land is characterised by the following significant inherent values:
1 ) The Lindis Pass area alone represents a special natural quality of a High Country landscape because:
2) Area currently meets a range of criteria that would indicated that protection is warranted for the following reasons: The indigenous component of the area has been recognised by the 3 RAP's that were identified during a PNA survey. These RAP's recognised the extensive tall tussock landscape remaining in a semi-natural state adjacent to SH 8.
3) The Dalrachney proposal would contribute to the overall natural functioning and ecological integrity of the significant natural values in the area by: . This large area will enhance the adjoining Lindis Pass Scenic Reserve and will ensure that adequate linkages and the ecological integrity of the area is enhanced by providing linkages and buffers to the adjoining land.
4) This setting will provide for outdoor recreation opportunities in natural setting and provide new opportunities along this Range. While close to a SH this physical setting can provide a "Remote" experience in a relatively short space of time.
Management and boundary issues: The boundaries of this
proposal largely follow existing fence lines. However depending
on negotiations some new fencing may be required, this has yet
to be determined. Currently the boundary along SH 8 is unfenced
and it is envisaged that with the area becoming Conservation Land
it would be destocked and therefore no boundary fence will be
required There may be stock trespass from adjoining properties
from time to time and this will need monitoring. The current lessee
will also need access to the back portion of his property through
the proposed Conservation land. This will be dealt with by way
of an easement in his favour along an existing 4wd track.
Type of qualification cation: Creation of an easement over
the Conservation Area in favour
of the adjacent land.
Attachment: Term's and conditions.
4.2.3 Existing Reserve
Not applicable.
4.2.4 Existing Conservation Area
4.2.4.1 Name: Lindis Highway.
Existing status: Stewardship Land.
Authority: s.37(1) (c) CPLA
Proposal: That an area of 2.1575 hectares? Section
a, BLK XVI Longslip SD be made available for disposal by way of
an exchange
Description. A small area of Crown Land adjacent to the State highway just south of the Dalrachney homestead and surrounded by the CPL could be included in with this review by way of an exchange Justification: Area has no significant inherent values and is located in farmland that its retention in Crown ownership and control is not warranted is not warranted.
4.2.5 Land Being Disposed of Subject to a Protective Mechanism
4.2.5.1 Name: Smiths Creek Easement.
Existing status: Pastoral Lease.
Authority: s.40 (1) (c) CPLA
Proposal: That an area of approximately 9 hectares be designated
as land that may be
disposed of subject to the creation of an easement for the purpose
of providing public
access.
Description: This easement will continue from the proposed
Conservation land down
the left branch of Smiths Creek and at the main junction follow
the main tributary
north over a small saddle to link up with the Lindis River near
the Longslip CPL
boundary.
Justification: To provide as of right public foot, horse
and non-motorised bike access
to the proposed Conservation land for 365 days of the year. This
route will also
provide a link with adjoining Conservation land.
Management and Boundary issues: This easement will require
signposting and
marking.
Type of protective mechanism: An easement under s.7 (2)
Conservation Act for
public access.
Attachment: Terms and conditions
4.2.5 4.2.6 Other qualified designations.
4.2.6.1 Name: Smiths Creek Easement.
Existing status: Pastoral Lease.
Authority: s. 36 (3)(b) CPLA
Proposal: That the designation of land under s. 35(3) CPLA,
available for disposal,
an area of approximately 9 hectares, be subject to the creation
of an easement to
provide the Department of Conservation with access for management
purposes.
Description. This easement follows the same route as
the proposed public access
easement proposed in 4.2.4 above.
Justification. To provide the Department of Conservation
with vehicle access to the
proposed Conservation Land in order to facilitate proper management
of the area's.
this will allow for management of pests' weeds as w-elf as maintaining
the public
access route.
Management and boundary issues: Some track maintenance
may be required but it is
envisaged that this route will not be utilised often, so it is
therefore considered that
maintenance will not be an issue.
Type of qualification: Easement in favour of the adjacent
land.
Attachment. terms and conditions.
4.2.7 Exemption or variation of a marginal strip width
Not applicable
4.2.8 Other matters The matters raised by the NGOs have largely been taken into account by this proposal. The Lindis hut was mentioned, as a possible hut for public actually located on the adjoining property.
PART 5
ATTACHMENTS
5.1. Additional Information
5.2. Illustrative Maps
5.2.1 Topo/Cadastral [not included on this page]
5.2.2 Values [not included on this page]
Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
P O Box 27
Alexandra
PANZ Submission on Preliminary Proposal Dalrachney Tenure Review
PANZ is pleased to support the broad thrust of the proposals, however better provision for landscape protection and public access is required before the objects of the Crown Pastoral Land Act (CPLA) are fulfilled.
PANZ has inspected the property and appreciates the cooperation of the lessee in granting access for this purpose. We have also analyised a range of official documents relating to the proposals. This has greatly assisted our understanding of issues.
We are pleased that the proposals are integrated with those on the adjoining Longslip Station. We note the intended provision of public access on Longslip up the true left bank of 'Dalrachney Creek' to a conservation area that abuts that proposed on Dalrachney. If this access were not to eventuate, it is essential that alternative provision is made on the other bank, on Dalrachney.
Lindis Pass Landscape Zone
DOC concluded in their Conservation Resources Report
that -
"The main focus of landscape interest in the property is
in achieving some wider protection for the Lindis Pass landscape.
The Pass is well known for its spectacular tussockland scenery
and is widely recognised as a landscape of national significance".
I concluded the same in Outdoor Recreation in Otago,
Vol. 2 (FMC, 1989) and recommended "as a matter of urgency
a landscape protection corridor be established for approximately
5 km either side of the Lindis Pass".
The Lindis Pass landscape is highly vulnerable to change. It is
critical that formal protection is secured for an enlarged Lindis
Pass landscape zone as the present 'pocket handkerchief' scenic
reserve bears no relationship to the overall landscape. The Pass
environs are now at a critical point of depletion in tussock cover.
Unless this is decisively protected from stock grazing, earth
works and structures, future options for restoration will be lost.
To the shame of the district councils concerned, the notified District Plans do not identify any landscape values through the Lindis Pass that warrant protection. This reinforces the necessity for central government action. As the Commissioner of Crown Lands has previously recognised, his office has a duty under the CPLA to enable the protection of the significant inherent values over reviewable land, including landscape attributes.
We are pleased that this duty has been recognised in the Dalrachney review, however refinement of the boundaries for Crown retention is necessary to properly fulfil this duty.
Recent inspection of the Lindis Pass State Highway corridor has confirmed my 1989 recommendations as to desirable boundaries for protection (Appendix 1). I traversed the highway to view from both directions of travel, and also viewed from the small hilltop immediately to the north of the Pass. A well-worn track indicates that the public frequently uses this, although admittedly by a very small portion of road travelers. As a matter of priority, foot access to this viewpoint should be upgraded and signposted to encourage far greater visitation. It provides probably one of the most striking panoramas of high country landforms and tussock grassland in New Zealand, easily accessible from a main highway. This is a priceless treasure (Photographs 1-3).
It is unclear from official documents supplied to us what landscape criteria lie behind the official boundaries for Crown retention, as no landscape assessment was included in DOC's advice to the CCL. The choice of boundaries is an enlargement on the central core that is currently reserved, but with no apparent cognizance of the total traveler experience along the highway. Travelling up Longslip Creek the valley gradually encloses, however it is not until turning the acute corner at the 'holding paddock' that there is a marked narrowing of the valley, with the road confined by imposing valley walls. This is a natural gateway to the Lindis Pass. There is a strong sense of arrival due to the close confines, plus the first indication of the tall tussock grassland beyond. Because of the immediate proximity of these slopes, ANY development would be highly intrusive. For instance, forestry on these slopes would be overbearing and totally incongruous. This northern gateway is also partly visible from the Pass itself (Photographs 3-4). This area must be either included in the Crown retention area or some other form of open space protection implemented. The area concerned is highlighted in Appendix 1.
Another area that lies outside the area proposed for Crown retention is partly visible from the State Highway at the eastern boundary of Dalrachney (Photograph 5 ). It is also visible, if somewhat distant, from the hilltop above the Pass (Photograph 2, Appendix 1). If this hill were forested it would provide a highly discordant element in an otherwise tussock grassland landscape. This hill was originally proposed for reservation by DOC. My inspection confirms DOC's initial assessment that there are significant inherent values warranting Crown retention. An existing fenceline could be utalised as a boundary (Photograph 6). The current proposal for a new fence boundary would be highly visible, particularly if earth disturbance occurred in its construction, and/or as a result of continued grazing on one side and tussock regeneration in the absence of grazing on the other (Photograph 5).
For most motorists, the time lapsed in travel over the central core of the Pass could be measured in a few minutes. It is therefore critically important that the experience is maximised by active protection measures the full extent between the natural 'gateways' of the 'holding paddock' corner and Mt Thomas. To achieve this will require negotiated reservations from adjoining pastoral leases, with Dalrachney providing the first substantial opportunity to do so. We believe that the boundaries shown in Appendix 1 provide the minimum area requiring landscape protection, on all the properties affected.
Upper Smiths Creek face
This area, to the SW of point 1566m, is proposed for freeholding.
The Draft Preliminary Proposal: Report and Drafting Instructions,
claims that all 5166 ha recommended for freeholding, including
this area, "does not contain significant inherent values".
This is clearly not the case as in vegetative terms, the face
is indistinguishable from adjoining lands to the south that are
now planned for Crown retention (photograph 7). There is
a marked altitudinal demarcation between depleted short grassland
and tall tussock right along this face.
In March 1999 DOC recommended all this face for Crown retention. This face rises to 1500m asl and is all Land Use Capability Class VII, having severe limitations for pastoral use. In no way can freeholding without constraint on future use "promote the management of reviewable land in a way that is ecologically sustainable', being the primary requirement of s24 CPLA.
However we believe that protection of the Lindis Pass landscape must be the Crown priority on Dalrachney, ahead of additional reservations.
Rest area
The Due Diligence Report, pp. 3-4 states that
there is a "small reserve (Section 1 Block XVI Longslip SD)
that is currently fenced into the property. This is alongside
the State Highway 2 km south of the homestead and is held by DOC
(stewardship area) ...no identified specified use was found for
this reserve, but some file references suggest it may have been
taken for roadside rest purposes. A similar area opposite the
homestead adjacent to Longslip Creek is currently maintained for
this purpose".
While we agree with recommendations that Section 1 should be excluded from tenure review, as it may have potential for future public use, the Preliminary Proposal does not deal with the current rest area "opposite the homestead adjacent to Longslip Creek". This is well developed with picnic tables and serviced rubbish bins and receives heavy public use. This is the only rest area between Omarama and Lindis Pass. It is a particularly attractive site beside the creek and is well sheltered by mature willows.
It appears that this area may be on Longslip pastoral leasehold, however this is uncertain. Whatever leasehold it is on, it is essential that this area be reserved for public purposes, either by addition to the road reserve or as a recreation reserve.
Public access easements
We welcome the provision of public access between the State
Highway and the upper Lindis River. With the proposed linkage
to Longslip and Ben Avon, this will open up a substantial backcountry
area this is currently inaccessible, legally.
There is however a significant alignment problem on the proposed easement 'b-c' that has the potential to thwart public use. We acknowledge that there is no necessity for an easement from the state highway from 'a' to 'b' because this part of the route will be on conservation area/reserve.
As the Due Diligence Report states, "the position of fence lines in relation to legal boundaries show a wide variation in many areas. Important differences, that could affect tenure review, exist along the full boundary with Mt Thomas and along the Lindis River".
2 km of the formed track, while inside the Dalrachney boundary fence, actually lies within Mt Thomas. While we appreciate that Mt Thomas is not subject to this tenure review, we believe that it is essential that some arrangement is made to secure the formed access for public use. The proposed legal alignment of the easement on the true right of the creek, as depicted on the Preliminary Proposal plans, is impractical. It is a steep, incised, scrub-covered slope with rock outcrops, which would be very difficult to traverse on foot, and impossible by horse or bicycle, being the other intended permitted users (Photograph 6).
It may well be that the 'legal' route is merely a fallback if for some reason access were denied over Mt Thomas, with an unspoken official expectation that users would be using the latter in the absence of express denial of public entry. We request that some form of 'licence' be obtained from Mt Thomas for public use over the section of formed track within their legal boundary. A clause should also be added to the proposed easement requiring an exchange of alignment to the formed track if and when a realignment of boundaries occurs between the two properties.
Side easement required
A potentially significant recreational attraction of the proposed
conservation area north of Lindis Pass, will be the opportunity
to wander along the leading ridge north of the pass. This would
be within the ability of most active walkers, as well as fitter
trampers. If there were provision for return to the road via the
'Smiths Creek saddle' this would make round trip day walks possible.
It is highly desirable that a short side easement be created along
the track below and west of the saddle to link into the conservation
area (Photograph 6). This would allow returns trips as
described above and direct access to the Longslip Mountain area
for ski touring in winter. It appears that the intended northern
boundary for the holding paddock is the existing fence downslope
of this track 'f' 'e'. Presumably this would exclude public
access unless provision is made for this by way of an easement
to the conservation area boundary. If inclusion of an easement
along the inside of the holding paddock would be disruptive to
farming operations, we request that the fenced boundary be realigned
above the track in this section and an easement provided over
the track.
While we greatly appreciate the creation of a new access route through Smiths Creek to the Lindis River and beyond, this easement does not service any land intended for Crown retention on Dalrachney. It is critically important that public access is also secured to provide practical access to public lands as a result of this review. A short side easement as we suggest, would provide the most practical public access to the central and western portions of the proposed conservation area. We presume that DOC would also want management access over this route, and not have to walk all the way along the tops from Lindis Pass to reach Longslip Mountain and beyond.
Easement terms
The draft easement is for "Public Access to Conservation
Area", as well as for vehicles for management purposes. However,
without the additional side easement we suggest, the former description
is incorrect.
We applaud the provision for horse and cycle use, in addition to walking. The distance involved for access to the upper Lindis makes the former options very attractive.
We are concerned about the 'temporary suspension' provisions
of the draft easement document. These state the
"The transferee may close all or part of the Easement Area
and suspend public access to it under section 7 Conservation Act
1987 if reasons of public safety or emergency require closure,
or otherwise in accordance with the provisions of section 13 of
the Conservation Act 1987".
Section 7 Conservation Act is entitled 'land may be acquired and held for conservation purposes', and contains no powers of closure.
Section 13 Conservation Act only applies to conservation areas. The easement area will be private freehold. If there are genuine reasons for closure of the conservation area, that is where closures should apply. Notifying closure of the conservation area at the commencement of the easement is acceptable, however we believe that the easement itself cannot be closed under the Conservation Act.
The special terms of the easement authorise the Crown to mark the easement as appropriate but not to form. Given that a section is unformed, and on very difficult terrain, there should also be powers for the Crown to form sections of the easement if necessary for foot, cycle and horse passage.
Marginal strip provision
We are most disappointed with the lengthy history of suspect
dealings over marginal strips on this property. This is revealed
by the official information released to us. Consequently the public
has been repeatedly cheated out of the creation of marginal strips.
The Due Diligence Report states that "no marginal strips shown as existing along any of the major waterways on the property (Longslip and Smiths Creeks, Lindis River)" (our emphasis).
At p 5 the report also states that "at lease renewal in 1961 a full investigation was undertaken into marginal strip requirements on the property. From initially recommending reserves on parts of Smiths Creek and the east branch of the Lindis River, it was eventually concluded that none were required".
The above advice is incorrect in regard to claiming that no strips were required. This position was based on irrelevant considerations by the then Commissioner of Crown Lands, and faulty advice from the Chief Surveyor -
"C. C. L. Dunedin 5 July 1963
P. L. O. Timaru.DALRACHNEY STATION LTD
The Chief Surveyor submits, however, that from his knowledge of the locality the average width of the streams would probably be less than 10 feet. Also he submits that it may possibly not be in the public's interest to provide for Riverbank Reserves as the streams would hardly be fishing streams and to lay of the 1 chain strips may simply be a nuisance to (the) lessee in creating a fire risk and stock disturbance should the public have rights to access. The other point the Chief Surveyor raised was that no immediate practical purpose would be served if reserves were provided over some portions of the recommended streams as the public at present would have no access to get on to the reserves.
...if in fact the streams have an average width of more than 10 feet it is necessary for me to obtain the consent of the Minister to waive the provision of the reserve should you consider riverbank reserves unnecessary.
C K Eville
Commissioner of, Crown Lands"
The Chief Surveyor's 'knowledge' was grossly in error because my inspection of the Lindis River in particular shows this to be many times the minimum of "an average width of 3 metres". There was doubt in his advice by adding a cautionary 'probably'. If so, if a "full investigation" was done, why wasn't a field inspection undertaken and reported on in the advice to the CCL? If one was conducted why did his advice remain vague as to width?
Matters of fishability, nuisance to the lessee etc., have nothing to do with the Chief Surveyor's statutory duties, but probably indicate the prevailing motivation for the advice. Also the no-access-to-the-reserves-if-created argument negates the intent behind the legislation for the Crown to progressively create a continuous Queen's Chain over time, when Crown land disposition occurs. If these officials' advice were accepted as general practice there would never be a Queen's Chain created, anywhere.
The last paragraph of the Commissioner's letter indicates the likely reason for these faulty and erroneous considerations - to avoid having to get ministerial approval to waiver the creation of these reserves.
So the public was cheated out of marginal strips at the second to last pastoral lease renewal (renewal deemed to be a 'disposition' requiring strip creation). 33 years later, at the next renewal, cheated again.
The Due Diligence Report, p4, reports that there was a "variation and extension of the [lease] term to 1 July 2030 (renewal with no additional covenant conditions)" (our emphasis).
The practice for varying existing leases, rather than renewal, appears to have been a generic practice in recent years within the Canterbury Land District. This practice has resulted in no marginal strips being laid off on lease renewal a practice clearly contrary to the intent of s 24 of the Conservation Act whereby marginal strip provisions apply -
24(8) Except as otherwise expressly provided, this section shall apply
to the disposition of any land by the Crown under the provisions of any enactment.24(9) For the purposes of this section, a disposition by the Crown in
relation to any land, includes---
(b) The grant or renewal of a lease or licence under the Land Act 1948
Clearly, the variation above (under s 170 Land Act 'registration of memorandum of renewal or variation instead of renewal or new lease or licence') was intended as a renewal, with the variation, for whatever reason for its use, amounting to a device that had the effect of avoiding the marginal strip requirements in the Conservation Act.
A variation entails a "deeming" to be a renewal of the lease (s 170(3) LA). In legalese this means that something does not mean to say that it is what it is deemed to be. Therefore a legal fiction is created whereby renewal has occurred through extension of the term, but it hasn't.
As this practice appears to have been a result of an official policy applied throughout Canterbury, and as a consequence potentially hundreds of kilometers of marginal strips have been denied to the public, we call for a Ministerial inquiry into such practices.
The public is now dependent on past omissions being rectified through this tenure review (disposition of land should again trigger the creation of marginal strips along qualifying water ways). However, there is no assurance that this will be the case. The CCL has decided (17 November 1999), as a matter of policy, despite marginal strips being a direct consequence of tenure review, that all decisions relating to them are left to DOC and are outside the formal review process.
Consequently, with all marginal strip decisions internalised within DoC, and Chief Surveyors' offices, there is no public accountability for official performance. This is despite marginal strips often being intimately related to public access easements being proposed through the advertised tenure review process. It is a nonsense, when it is the disposition of Crown land through tenure review that is the trigger for creating marginal strips, that these actions are arbitrarily divorced from the public arena.
There is a popular myth that decisions relating to the creation of marginal strips are merely 'technical' in nature; that there is no room for official discretion. After all, anyone can use a tape measure and read off 3 metres! Unfortunately the official information supplied to PANZ on tenure reviews so far conducted under the CPLA reveal a 'variable' bordering on appalling official performance. Rarely do any official comments on marginal strip requirements correctly cite the Conservation Act in this regard.
Section 24 requires strips along any river or stream of an average width (bank crest to bank crest) of 3 metres or more. Invariable this requirement is corrupted into "3 metres or more", with it uncertain what the official doing a field inspection, if at all, is measuring beds from bank to bank, or the width of the wet watercourse? The result of this 'confusion' can be huge discrepancies in the reaches determined to require strips.
It appears that normal practice is to extend strips only as far upstream to where it first appears to narrow to 3 metres. Such a practice is of course not an average width. An average width would extend further upstream and include reaches narrower than 3 metres. There is a classic case that PANZ is shortly to comment on nearly Ben Avon. A Chief Surveyor apparently made a '3 metres or greater' decision (in error, both in law and in fact), and now DoC has to rectify this error by extending the strip further upstream. This is essential for access to a proposed conservation area beyond. Conversely, I believe that if such judgements are being left to DoC, that different officers with be making vastly different decisions. This is why these decisions must be made an integral part of the public tenure review process and open to submission.
Please note that on 23 March 2002 I made an official information request to LINZ for a copy of the CCL's instructions referred to above so that this information could be drawn upon for this submission. As I have yet to receive this, PANZ reserves the right to make further comment on this aspect on this and other tenure reviews.
Yours faithfully
Bruce Mason
Researcher & Co-Spokesman
Appendices
7 A4 colour photographs
Appendix 1: Lindis Pass landscape zone
