This page last modified 22 August 2003

South Island high country

Otago leases

Wyuna pastoral lease

Po 299
Dart district
Otago Land District
Tenure review not approved by Commissioner of Crown Lands

Back to ... Po 299 Wyuna

Knight Frank

LAND RESOURCES DIVISION

DRAFT PROPOSAL to COMMISSIONER OF CROWN LANDS

Application for Exchange of Property Rights

LAND ACT 1948

KF REF: Po299/l - WYUNA

APPLICATION DATE: 14 May 1997

Public submissions on these proposals closed on Friday 13 March 1998.

(1) EXECUTIVE SUMMARY:

This submission describes the physical attributes of the property along with its commercial and conservation values. It sets out the interests of the Crown and the Lessees as presented in negotiations. It then details the outcome of negotiations and justifies these in terms of the aims of the tenure review process. The physical outcomes are summarised as follows:

(1) The surrender of Pastoral Lease Po299 Wyuna being 11941.7404 ha.

(2) The reclassification of 2325 ha as "farmland" pursuant to Section 51 Land Act and disposal on freehold title

(3) The retention by the Crown approximately 9616 ha for conservation purposes

(4) The granting of a Special Lease pursuant to Section 67(2) Land Act to provide for continued grazing over approximately 870 ha of land to be transferred to the Department of Conservation.

(5) Registration of an easement on the freehold title to provide for public foot and mountain bike access to the conservation area via the Mount Judah road.

(6) Registration of an easement on the freehold title to provide DOC vehicle access to the conservation area via the Mount Judah road and to the lakefront reserve via the farm track from the Queenstown Glenorchy road

(2) LEASE DETAILS:

Legal Description: Section 28 Block IV Glenorchy Survey District, Part Runs 346 and 346D Glenorchy and Skippers Creek Survey District.

Area: 11941.7404 hectares

Lessee: P A & J E Lucas & P A Lucas Trust.

Lease Details:

Tenure: Pastoral lease pursuant to Section 66 Land Act 1948.

Term: 33 years from I July 1965

Expiry: 30 June 1998

Rent Review: I July 1998

Annual Rent: $441 inclusive of GST

Stock Limitation in Lease: 4100 sheep

Personal Stock Limitation:

6500 sheep including not more than 4000 breeding ewes

315 cattle including not more than 130 breeding cows

Location: Upper Lake Wakatipu

Other Land Held: 73 ha Miscellaneous licences with Department of Conservation comprising the lake front flats below the main Glenorchy-Queenstown road.

In addition approximately 100 ha of lakeside reserve land above the Glenorchy-Queenstown road is fenced in with the pastoral lease and run as part of the farming operation. Cover comprises mainly improved pasture. No formal leasing arrangement exists.

Encumbrances: Recreation permit for heliskiing to Southern Lakes Heliski for 5 years from I January 1995.

Four mining licences are current on the lease title

Local Body: Queenstown-Lakes District Council

Zoning: Rural B under operative District Plan.

Rural Upland and Rural Downlands under the proposed District Plan with the lower terraces and DOC lease areas being identified as areas of landscape significance cant e The bush within the Bucklerburn is identified as an area of conservation significance

(3) RESOURCE REPORT:

3.1 PROPERTY DESCRIPTION:

The property is located on the eastern side of Lake Wakatipu running from the low terraces above the lake to the summit of the Richardson Mountains and beyond into the Upper Stony Creek catchment. It is a fairly typical, although well developed lake-run property carrying around 6000 su.

The lake faces were altitude fenced at around 900 metres under a run plan carried out between 1975 and 1985. The exception is the Mount Judah block where the retirement fence was constructed at a higher altitude north of Mount Alaska. Development was concentrated on the front country with grazing of unimproved country being confined to the Mount Judah Block and Long Gully. The balance of the high country to the east was retired from grazing.

Rainfall here averages 1125 mm per annum which is fairly evenly distributed throughout the year. Snow lies on country above 1100 metres for 4 to 5 months with periodic snowfalls to the lower terraces. Pasture growth ceases for 3 to 4 winter months requiring supplementary feed by way of hay or fodder crops.

The farming system on Wyuna differs from most other runs in the area in that the majority of the flock is crossbred. A small merino ewe flock is run breeding replacements for a merino wether flock of around 1000.

A significant area of broom exists (40 ha plus) behind the homestead and around the old scheelite mining area in the Bucklerburn. Considerable resources have been spent on this problem by the Lessee in recent years through both spraying and cultivation.

Wild goats are present in significant numbers in the retired country. DOC and private hunters have maintained some control, however numbers have frequently reached high levels in the past with tallies of up to 700 being shot by helicopter operations.

Land Use Capability Classification: (Otago Catchment Board):

Class III 35 ha 0.3%

Class IV 193 ha 1.7%

Class VI 1796 ha 15.0%

Class VII 4l90 ha 35.0%

Class VIII 5727 ha 48.0%

Total Area 11941 ha 100.0%

 

Previous History:

The present pastoral lease was issued on 1 March 1965 and comprised approximately the same area as presently exists. The property includes the site of extensive scheelite mining on Mount Judah and Mount McIntosh. Mining has now largely ceased however tracks and tailings were left from that era now clearly seen on the landscape with many relics remaining.

In 1974 a Run Plan Agreement was registered on the title. A condition of the plan was that the retired land be surrendered. This agreement was subsequently found to be non-enforceable. The term of the agreement has now expired

3.2 CONSERVATION RESOURCES:

Summary of (DOC) Conservation Resources Report:

3.2.1 ECOLOGICAL FEATURES:

Landform:

The dominant landform feature is the spine of the Richardson Mountains which divide the property. Rising to 2035 metres at its highest point, the range holds permanent snow and ice. The bedrock is schist but its high erodability accounts for the scarcity of glacial features except for relic cirques at high altitudes. Post-glacial erosion has resulted in deeply incised gorges.

Vegetation:

The property is located within the Richardson Ecological District. The dominant plant communities are:

Mountain Beech Forest:

In Stony Creek, Stone Creek, Buckler Burn and Walkers Creek. Good regeneration of margins is occurring.

Shrublands:

Subalpine shrubland is mostly confined to the Buckler Burn, Stone Creek and Stony Creek and includes mountain toatoa, Brachyglottis cassintoides. Dracophyllum longifolium, Cassinia vauvilliersii and Coprosma species D. uniflorum forms dense communities on skeletal soils.

Tall Tussockland:

Found mostly above 100 m and is dominated by Chionochloa rigida with C. macra and C. pallens above 1600 m. A high diversity of intertussock herb species occurs. Overall, the tussocklands are in good condition.

Rock Faces and Screes:

Found at higher altitudes, they host a diversity of specialised plants.

Cushionfields:

Located on stable ridge tops and rocky areas and contain high species diversity.

Snowbanks and Hollows:

Contain many cushionfield species as well as several specialised species.

Overall, land above 1000 metres has high botanical values with a good range communities and species.

Fauna:

Vertebrates:

The variety of habitats present on the property are reflected in the diversity of native bird species recorded. Habitats include beech forest, forest margins, open space and wetland. Significant species recorded include kea, New Zealand Falcon, Rock Wren and grey duck, all threatened species.

Invertebrates:

Marked differences in fauna composition reflect the variety of habitats present on this large property.

The high alpine cushion fields contain a small but distinctive fauna.

Alpine zone has a rich and distinctive fauna typical of the transition zone between the wet western Otago mountains and the dry Central Otago mountains and is of high conservation value.

The variety of habitats is greatest in the Buckler Burn Valley where a complex of wetlands, waterfalls, ice caves, snowgrass and herbfields hold a very large and diverse fauna reflecting the habitat diversity and its excellent condition.

The tussocklands have a distinctive fauna due to its transitional characteristics.

Aquatic Fauna:

Catchments where electric fishing occurred include the Buckler Burn and Stony Creek. Koaro were found in the lower reaches of these waterways but no fish were found in the headwaters despite abundant habitat in good condition.

Landscape:

Three broad landscape units have been identified:

high mountain lands with dissected valleys LU1:

broken gorge country LU2

front hill country and stepped terraces LU3

LU1

Includes the sawcut ridgelines of the Richardson Mountains and steep sided gullies. A fragile natural environment where natural processes are very active. This unit has outstanding wilderness qualities making it desirable for back country recreation pursuits.

LU2:

Mid altitude broken country with deep gorges and incised drainage patterns and mixed vegetation patterns. The zone has a strong sense of enclosure with evidence of human use associated with scheelite mining. This cultural overlay is of high public interest. A relatively robust landscape.

LU3:

The rounded hills and lake terraces which have been heavily modified for pastoral farming. Ribbons of beech forest occur in gorges.

3.2.2 CULTURAL FEATURES:

The Richardson Mountains are known to Maori as Whakaari which means "to hold up to view',.

(a) Archaeological and Historic Features:

Maori:

Whilst there are many pre-European sites recorded in the Glenorchy district, only a small part of one site is known to occur on Wyuna. this early occupation site is mostly located on an adjoining property and only just encroaches onto Wyuna.

Gold Mining:

Some limited mining occurred in the 1860's in the lower Buckler Burn and other minor streams and has attracted intermittent activity until the mid 1940s.

Scheelite Mining:

Known from the 1860s, scheelite deposits on Mount Judah/Mount Maclntosh have been mined extensively until recent times with the peaks of activities being related to World War I and II

The scheelite mining provided a major employment source in the region and it has been the major supplier of scheelite in New Zealand. An important legacy of mining industry remains including surface and underground workings, which has significant public interest.

(b) Recreation:

A very diverse range of recreational opportunities exist. Currently recreational use is modest due to lack of legal access and the ready availability of large areas of conservation lands nearby, e.g Mount Aspiring National Park, et cetera. However, the property's ready accessibility, drier climate and proximity to Queenstown contribute to a significant potential for recreation.

Current activities include:

Horse trekking, goat hunting, day walks, mountain scrambling, historic site fossicking, mountain biking, parapenting, gold fossicking, heliskiing.

There is substantial potential for more short walks, extended tramping, hunting, naturalist studies, historic site interpretation and downhill skiing.

Use would be enhanced by the improvement of public access up the Mount Judah " road" (not a legal road) and the creation of marginal strips along main watercourses.

Animal Pests:

High populations of goats occur in Precipice Burn and Buckler Burn Catchments, and lower numbers are spread over all suitable terrain.

A small population of fallow and red deer occur in forest remnants.

Chamois are scattered throughout the Richardson Mountains. Rabbits frequent the lower parts of the property but generally are under control.

Possums are spread throughout and are causing some die-back of beech forest.

Plant Pests:

The major problem plant is broom on lower terraces especially around mining areas. Wilding pines occur over the terraces south of the homestead. Neither species is considered to pose a threat to areas of conservation interest.

3.3 OTHER RESOURCES:

Mining:

Four mining permits are currently active within the lease area. No mining is currently active. Deposits of scheelite and gold bearing rock are known to exist within the lease area. The lower reaches of the Bucklerburn have been mined within the past 10 years for alluvial gold.

Tourism:

The property is within close proximity to Glenorchy and affords spectacular of Lake Wakatipu and the surrounding mountains. Potential exists for development of lodge type facilities and development as a base for outdoor recreation such as guided walks, horse trekking, fishing and heliskiing.

Forestry:

The physical and climatic environment is suitable for commercial forestry, particularly such species as Douglas fir. The distance to port is however a significant constraining factor.

(4) PUBLIC CONSULTATION:

4.1 NGO CONSULTATION:

A meeting was held with the NGO representatives on 16 March 1995. The key points arising from this meeting were as follows:

The Mount Judah Road should become formalised easement for public access.

Retirement fence alignment at Shepherd's Hut end of property extending north to Mount Judah area okay as a proposed split between freehold and conservation land.

Mount Judah/Mount Mackintosh area should be retained in Crown ownership.

Main creeks running up from Glenorchy road should have marginal strips.

A foot access easement is required along the farm track from Stone Creek up to the retirement fence on Ted's Spur.

4.2 NGAI TAHU CONSULTATION:

The property was visited by Mr Trevor Howse of Te Runanga o Ngai Tahu on 7 December 1995. Their Board on 16 October 1997 agreed to the Commissioner publicly advertising the proposal.

5 DETAILS OF PROPOSAL:

This proposal has been developed by Knight Frank (NZ) Limited, as Agent for the Commissioner of Crown Lands, in consultation with the Lessee and the Department of Conservation. The aims of the proposal are:

• To promote sustainable land management of the land contained within the lease.
• The protection of the Crown's interest in nature conservation and recreation and the protection of historic sites on the property should they exist.

5.1 DISCUSSION:

Wyuna is a geographically large property of which only a small proportion (approximately 25%) is utilised for pastoral purposes. The balance of the property comprises steep mountain lands mostly above 1000 metres. The lessee has chosen not to stock this country for economic reasons.

Wyuna has a limited area of flat ground suitable as hay paddocks. The present hay paddocks for the property are located on leases and licences administered by DOC. These leases and licences are presently short term and provide little long term security. The lessees have been keen to achieve better security of tenure over these areas as an outcome of tenure review.

Additionally the lessees are keen to rationalise the boundary with the lake front reserve. This involves acquiring that land between the present legal boundary of the pastoral lease and the existing fence above the Queenstown Glenorchy road The lessees are also reluctant to enter into any agreement which would significantly reduce the property's carrying capacity.

The Department of Conservation advise that the Richardson Mountains contain nature conservation, recreation and landscape values of national significance. They also advise that Precipice Creek, Bucklerburn and Shepherd's Creek Hut gorges comprise beech forest and shrubland remnants which are of ecological significance which should be protected. They advise that Mount Judah and Mount McIntosh comprise important landscape, recreation and historic values which are of significance.

The land contained in short term leases and licences held by the lessees of Wyuna does not contain conservation values of significance. Parts of this area have however been used by the local community for recreation events such as gymkhanas. An expansion of these recreation needs is anticipated in line with the growth of the township. In addition the Glenorchy airstrip is located within this area. For these reasons the Department of Conservation has declined the option of disposing of these areas on freehold title.

The area of part recreation reserve immediately east of the Queenstown Glenorchy road does not contain any conservation or recreation values apart from a small area of bush adjacent to Little Stony Creek. Consequently DOC are prepared to consider disposing of this area on freehold title to be incorporated into the adjacent proposed freehold.

5.2 LAND PROPOSED FOR FREEHOLD

Total area approximately 2325 ha.

Description (Otago Catchment Board LUC Classes):

Class III

Moderately deep Queenstown soils on lake terraces capable of cultivation and development to improved pasture. 35 ha

Class IV

Slightly stony Queenstown soils on lake terraces and fans, originally in bracken fern and broadleaf capable of oversowing to improved pasture. 193 ha

Class VI

Paradise Hill, Moonlight and Crichton soils on lower hill slopes with cover of fescue tussock, improved grasses and clover, scattered bracken fern and matagouri. AOSTD. 1000 ha

Class VI

Queenstown, Paradise Hill and Crichton soils on strongly rolling steep slopes and terraces with cover of improved grasses, bracken fern and manuka 776 ha

Class VII

Moon light soils above 900 metres above Chinaman's flat on moderately steep to steep country with cover of fescue/silver tussock and improved grasses 321 ha

Total Proposed Freehold (approximately) 2325 ha

JUSTIFICATION

This area comprises all that land below the run plan fences on approximately the 1000 metre line. It contains all the improved and currently economically improvable country and is the bulk of the farming enterprise. Approximately 500 su of grazing is presently carried outside this area.

The conservation resources report identified the lagoon located on the terraces in the middle of the property as having conservation values of significance. DOC sought additional advise on this area and subsequently decided it did not warrant formal protection.

This area also contains the main access route into this part of the Richardson Mountains being the 4WD track above the Bucklerburn. This access route will be provided for by way of a right of way easement for public foot access and DOC vehicle access.

An area above Glenorchy Lagoon was thought to contain a moa hunters site. DOC carried out a test excavation which concluded that the site is predominantly on adjacent freehold. No evidence remains of any such sites within the lease.

5.3 AREA PROPOSED FOR INCLUSION IN CONSERVATION ESTATE:

Description:

Class VI

Comprising a small area below 900 metres above the confluence of the Bucklerburn and Wallers creek with a cover of induced fescue tussock, browntop, sweet vernal with some volunteer clover. 20 ha

Class VII

Moonlight and Moonlight steepland soils mainly between 900 - 1600 metres on the lake faces and Bucklerburn catchment. Cover comprises mainly now tussock and blue tussock with associated predominantly native intertussock species. 3869 ha

Class VIII

Alpine steepland and Moonlight soils comprising the upper reaches of the Richardson Range above 1600 metres containing alpine fellfield vegetation, slips and scree. Also steep precipitous rock and scree at low altitude and country underlying silver and red beech forest (approximately 1100 ha). 5727 ha

Total Area Retained for Conservation Purposes 9616 ha

JUSTIFICATION:

This area contains the large majority of country above 1000 metres. All but the 870 ha block east of Mount Judah has been destocked for over 10 years and comprises relatively intact native vegetation in good condition. Apart from a very small area within the Bucklerburn this area is not capable of pasture improvement with current technology. The sustainability of continuing to graze the native grassland is highly questionable. Grazing would tend to compromise the existing and potential conservation values. The area also contains significant landscape and recreation values being one of the more accessible locations within the Richardson Range.

The area is presently used for commercial recreation in the form of heliskiing. It also has potential for other commercial recreation uses. These uses can be accommodated under the Conservation Act provided they are compatible with maintaining the conservation values of the area and with public use.

An area of approximately 870 ha within the proposed conservation area is presently grazed by the current lessees. This grazing is an important part of the wether grazing system and is therefore economically significant to the property It is proposed that this use be accommodated under a Land Act Special Lease administered by the Department of Conservation.

5.4.1 PROPOSED SPECIAL LEASE OF CONSERVATION LAND:

Area approximately 870 ha.

Description:

Primarily Class VII land comprising the north facing slopes of Mount Judah and Mount Alaska and an area of south facing country adjacent to Long Gully. Altitude range is between 700 metres and 1965 metres at the summit of Mount Alaska. Cover comprises mainly short tussock grassland up to 1100 metres altitude with a dominance of browntop, sweet vernal grading into snow tussock above this altitude. Native shrubland is present along the lower altitude hill slopes above the Bucklerburn This shrubland is dominated by matagouri. Snow tussock dominates above 1100 metres.

Proposed Lease Conditions:

Terms:

10 years with right of renewal for subsequent terms provided the lessor is satisfied that monitoring indicates that vegetation and soils on the said land are being maintained in a satisfactory condition.

Rent:

Per head market rate times average stock carried previous 4 years or minimal rent, which ever is the greater.

Lease Purpose:

To provide for the maintenance or enhancement of nature conservation, water and soil conservation, landscape, protection of scheelite mining heritage and public recreation whilst allowing for continued grazing of the land.

Legal Authority:

Section 67(2) Land Act 1948.

Monitoring:

Lessee and Lessor agree to undertake resource monitoring. programme the lessor's cost of monitoring

Stock Limitation:

0.30 sheep per ha per year reviewable in last year of lease term. Lessor may require stocking rates to be reduced or require all or parts of the land to be destocked subject to results of the monitoring.

Ongoing Management:

Guided by "management principles" included as a schedule to the lease which details management policy, weed and pest control requirements, description of existing vegetation condition, description of monitoring methodology and prescribes agreed vegetation thresholds.

JUSTIFICATION

Following the run plan of the mid 70's this area was the only area of unimproved summer country which remained in grazing. Since then it has formed an important part of the wether grazing system with 700 to 1000 wethers being grazed on this block for 5 months, November to April.

Vegetation on a large portion of this block has been severely modified from its original cover with a dominance of exotic sward grasses now present. Destocking is unlikely to result in a return to the original plant community.

There is some concern about the sustainability of grazing unimproved tussock grasslands due to the affect on the soil of grazing without inputs and due to the inherent instability of induced short tussock grasslands. Grazing however, has been carried out on an annual basis for over 100 years with good ground cover having been maintained. Consequently it is possible that the existing landscape and conservation values can be maintained in the presence of light annual grazing. Periodic monitoring of vegetation and possibly soils will be necessary to determine the sustainability of this system in the medium to long term.

5.5 PROPOSED RIGHT OF WAY EASEMENTS TO BE REGISTERED ON FREEHOLD TITLE:

Mount Judah Road:

An access easement for public foot and mountain bike access from the Queenstown-Glenorchy road to the proposed conservation area via the existing road up the Bucklerburn is proposed. An alternative foot access route is proposed to be established for the first 2 kms of the track to take public access away from the Wyuna homestead area.

The easement proposed includes access for DOC vehicles for management purposes. The easement would be pursuant to Section 7 (2) Conservation Act 1987.

Vehicle access on the Judah Road to the boundary of the Special Lease will remain at the discretion of the lessee.

DOC Vehicle Access Across Proposed Freehold to Lakefront Reserve:

A ROW easement providing for DOC vehicle access is proposed on the line of the existing farm track from the Queenstown Glenorchy road to the Reserve land on the terraces above Lake Wakatipu. The easement shall be pursuant to Section 7 (2) Conservation Act 1987.

5.6 PROPOSED NEW BOUNDARY FENCING:

The proposal will require the construction of approximately 2 kms of boundary fencing. This fencing is to protect from grazing areas of remnant beech forest adjacent to Stone Creek and Little Stony Creek.

Early discussions had proposed a new boundary fence be constructed across the faces west of Mount Judah. The lessee was opposed to this fence as the area around Mount Judah within the proposed conservation area is grazed as one block with the proposed freehold adjacent. As a general rule we would recommend that boundaries between proposed freehold and conservation area be fenced. However, in this instance we accept that there are arguments in favour of the boundary remaining unfenced. They are:

Grazing will be similar on each side of the boundary for the immediate future.

There are landscape benefits from an unfenced boundary in avoiding grazing lines.

The Crown would avoid maintenance costs of a potentially high maintenance fence.

DOC and the lessee have agreed that should either party wish a boundary fence to be constructed in the future this should be done on a 50/50 basis as required under the Fencing Act. DOC have agreed to write a letter of intent to the lessee expressing their intention not to require such a fence within 10 years from the date of signing of a Heads of Agreement.

(6) RECOMMENDED OUTCOMES:

(1) The following of outcomes having been agreed to by the lessee:

(a) The surrender of Pastoral Lease Po299 Wyuna pursuant to Section 145 of the Land Act 1948, being a total area of 11941.7404 ha.

(b) The classification of an area of approximately 2325 ha as "farmland" on lines depicted as "proposed freehold" on the attached map pursuant to Section 51(3) of the Land Act 1948.

(c) The preferential allocation on freehold title an area of approximately 2325 ha of land classified as "farmland" to the current lessees P A & J E Lucas and P A Lucas Trust, pursuant to Section 54(1)(f) of the Land Act 1948.

(d) The retention in Crown ownership for management for conservation purposes a total estimated area of 9616 ha on lines as shown on the attached map and comprising the following areas:

9595 ha Richardson Mountains/Bucklerburn Gorge area

20 ha Stone Creek beech forest margin

1 ha Margin of Glenorchy Lagoon

9616 ha Total Area (approximately)

(e) The grant of a Special Lease pursuant to Section 67(2) Land Act 1948 to provide for ongoing grazing over areas known as the Mount Judah block and Long Gully block, total area approximately 870 ha, on lines shown on the attached map and on terms and conditions described on Page 12 of this submission.

(f) The construction of approximately 2 km of boundary fence to protect the proposed conservation area in Stone Creek.

(2) The Commissioner of Crown Lands acknowledges that the following matters have been negotiated as part of the tenure review proposal to be approved by the Minister of Conservation under the Conservation Act 1990:

(g) The registration of an access easement pursuant to Section 7(2) Conservation Act 1987 in favour of Her Majesty the Queen on the proposed freehold title providing for free unrestricted public foot and mountain bike access on a track yet to be formed from the Glenorchy Queenstown road to join the Mount Judah road and from thence along Mount Judah road to the boundary of the proposed conservation area.

(h) The registration of an access easement pursuant to Section 7(2) Conservation Act 1987 in favour of Her Majesty the Queen on the proposed freehold title providing for free right of access for DOC staff, including vehicle access, for management purposes on the Mount Judah road to the proposed Conservation area and on the line of the farm track from Glenorchy Queenstown road to the Lake front Reserve.

(i) The Department of Conservation have agreed to enter into an agreement with the lessee regarding future disposal and long term leasing arrangements of reserve land adjacent to the lake frontage and previously held on short-term tenancy.

(j) The Department of Conservation has agreed to provide the Lessee a letter of intent expressing their agreement to not require the construction of a boundary fence across the west face of Mount Judah within 10 years from the signing of the Heads of Agreement.

 

Back to ... Po 299 Wyuna

PANZ Submission on Wyuna Tenure Review

12 March, 1998

Ken Taylor
Manager
Knight Frank (NZ) Ltd
ALEXANDRA
Fax 03 448 9099

Dear Ken

PANZ is generally pleased with the proposals negotiated with the lessee. They will result in greatly enhanced recreational opportunities for the public at large. The most striking features of the proposals are that an extensive area of mountain lands will be reserved for public purposes, and that there is a reasonably clear separation of private from public lands. This is to be commended.

I have inspected the property on behalf of PANZ. Please convey my thanks to Mr and Mrs Lucas for their consent to my visit.

These proposals are entwined with proposals with adjacent recreation reserves currently held by Wyuna under short term tenancies. Our comments embrace the future of these areas.

While mountain recreation will be well catered for we think there is room for improvement both for access provisions and to cater for local community needs. The unique feature of Wyuna is that it encircles the township of Glenorchy, which has very limited areas left for future development including community areas such as reserves and sports fields. Unless allowance is made for these matters now as part of the current tenure review, serious community deficiencies will arise in the foreseeable future that will not be easily resolvable by community or district council action. We believe that it would be negligent of the Crown to ignore such matters. The Crown's interest in pastoral leases extends to all forms of public recreation/community need, not just back country or 'outdoor' recreation that has naturally been the focus of interest in this process to date. If there are particular needs on particular properties, where possible these should be met. In the case of Wyuna this should extend to making provision for both active and passive recreation and sports as well as for high country recreation.

We believe that the following matters should be provided for before tenure review proceeds further.

Areas to be reserved and administered by DOC

The proposed boundaries between freehold and conservation areas appear reasonable, but with two anomalies that need correction. Unlike the regenerating beech and shrubland in Stony Creek and the Buckler Burn, those in Precipice Creek outside of a future marginal strip, will not be formally protected. There seems to be no necessity for this omission, as the creek sides are precipitous and almost useless for grazing by domestic stock. Additionally, if a reserve of sufficient width were created then an additional access route to the high country would be available (see further comments below).

A small addition along the margin of the Glenorchy wetland is proposed, however the proposals omit to protect the whole eastern margin of the wetland. With development of a walkway the wetland is now of considerable amenity value for both residents and visitors to the town. It would appear desirable, both for protection of the wetland and amenity reasons, to reserve the whole margin to the northern boundary of Wyuna.

High country access

We are pleased that provision has been made for public access up the Mt Judah road. We agree that vehicle access should be by private arrangement, as it is no longer suitable for general vehicle use. There would be a major maintenance liability if this became a 'public road'. We also agree that a deviation to bypass the homestead is desirable and that a suitable route could be found from the Buckler Burn bridge. We do however think that this would need to be benched and well graded. This should be done as a matter of priority. Foot and mountain bike use is to be of right, however we believe that there is no good reason for excluding horse use.

We agree that this access easement be subject to section 7(2) Conservation Act. This provides a degree of protection of the public interest, however we do not think this is secure enough. While S 7(2) prevents modification or disposal of the Crown interest in the easement by the Crown in agreement with a future land owner (the subservient tenement) without a public notification and objection process being followed, it does not prevent future extinguishment of the easement at the initiation of a future owner. The Courts have the power to modify or extinguish covenants (section 126G Property Law Act 1952) despite them being registered on titles and being "binding on successors in title". This can be instigated at any time by the occupier of the land. There are no provisions for public notification or objection to this happening.

The features of S 126G are­

On application from the occupier of the land a Court can, by order, modify or wholly or partially extinguish an easement upon being satisfied of any one of the following--

• · By reason of any change since the creation of the easement in the nature or extent of the use of the land or in the character of the neighbourhood or in any other circumstances of the case that the Court considers relevant, the easement ought to be modified or wholly or partially extinguished.
• · That the continued existence of the easement would impede the reasonable use of the land in a different manner or to a different extent from that which could have been reasonably foreseen.
• · That every occupier has agreed to the easement being modified or wholly or partially extinguished, or by his or her acts or omissions may reasonably be considered to have abandoned or waived the easement .
• · That the proposed modification or extinguishment will not substantially injure the persons entitled to the benefit of the easement (however the public would not be asked if they are 'injured'!).

Given that Wyuna is close to an expanding town it is a reasonable expectation that there will be a change in the use or character of the neighbourhood, particularly once freehold title is raised. We don't believe that there would be any impediment to extinguishing an easement, or at least greatly restricting rights of public use. The absence of assured access to the proposed conservation lands beyond would, as far as most members of the public are concerned, completely negate the reason for public reservation.

We submit that the easement expressly permit free public foot, bicycle and horse passage at all times, be subject to section 7(2) Conservation Act, and be exempt from the provisions of the Property Law Act.

We note that the recently negotiated Ngai Tahu settlement removed the application of the Property Law Act to parts of the Greenstone Valley provisions. Therefore it should be possible, by way of a perpetually binding contract arrangement, to have the same effect in the case in question.

Because of the rugged dissected nature of the Wyuna high country we do not believe that the Mt Judah road easement will provide adequate access to the future conservation area. Although the 'road' is centrally located on the property, the areas to the north and south are largely inaccessible unless major descents and climbs are made to get beyond the Buckler and Stony Burns. Because of the effort involved this would preclude all but the most determined and fit visitors.

To allow greater public benefit from the planned high country reservation the most pressing need is for additional access either from behind Glenorchy or in the vicinity of Precipice Creek. If its gorge was reserved (as suggested earlier) with sufficient width along the edge of the 'Chinamens Flat' terrace edge to allow foot access, then the Mt McIntosh area could be conveniently reached, as well as encouraging round trips from the Mt Judah easement. Access up Precipice Creek would require use of an unformed road for connection onto the Glenorchy-Paradise Road. Use of this could be an interim measure pending any tenure review on Temple Peak station which may result in a contiguous useable public reservation along the gorge which the Wyuna negotiations cannot achieve. If the suggested access up Precipice Creek is unobtainable, then alternative rights of passage should be provided over Chinamens Flat and 'The Fort'/Bible Terrace. This route would have an additional benefit of providing a wonderful viewpoint of the town, lake and mountains from immediately above Glenorchy. This would become a very popular attraction for short walks.

It is also highly desirable that foot access be provided up the Stony Burn to the 'DOC' boundary. This would allow access to the Mt Larkins area and Teds Spur and permit round trips via the Larkins Slip Hut. As the lower Stony Burn is to be reserved, only a relatively short additional access would be required to allow connecting these two public areas.

Recreation Reserves

We have no objections to disposal of reserve above the Glenorchy Road, however we are very concerned about leasing and other forms of alienation elsewhere. All of the lake shore south of the town is recreation reserve, other than legal road at Blanket Bay. It is critically important that this not be alienated at any way so that it remains primarily reserved for public recreation. There is need for greater accessibility than at present, particularly to Blanket Bay. We fail to see why it is proposed that DOC gets vehicle access rights across what is currently pastoral lease when the public does not. This easement should be extended to include public vehicle passage.

In regard to the balance of the recreation reserve, this has a history of community use. There is an airstrip established (this writer intends using it for recreational aviation) and part of the area has been used for a variety of events. These areas must remain available for existing and future community use.

The existing domain in the town is cramped and does not serve the community well. There is a pressing need to relocate some uses, particularly the golf course, to allow better utilisation including the establishment of sports fields. The recreation reserve under discussion provides the only opportunity for a relocated golf course, plus potential for equestrian events. No leasing or other actions should be taken that may preclude such activities. We understand that a draft lease has been prepared however this has not been provided to us by DOC despite an undertaking to do so. Consequently we are unable to comment more substantively on the future of the reserve.

In conclusion we believe that tenure review on Wyuna would provide worthwhile benefits for the recreational public provided the above matters are attended to.

Yours faithfully

Bruce Mason
Researcher & Spokesman

QV Valuations

CROWN PASTORAL LAND ACT 1998
WYUNA 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 Pisidia Holdings Ltd and Cabo Ltd as lessees of Wyuna pastoral lease:

Legal description of land concerned:

Pastoral lease land:
Part Run 346, Part Run 346D and Section 28 Blocks IV Glenorchy Survey District being all the land contained in Instrument of Title OT1C/1038 (Otago Registry) comprising 11941.7404 hectares.

Conservation Area:
Crown land and Part Buckler Burn Block XXI Town of Glenorchy and land adjacent to Section 18, Part 17 and Part Run 346D Block VI Glenorchy Survey District comprising approximately 7.8 hectares.

Recreation Reserve:
Part Reserve D Block IV Glenorchy Survey District being all the land contained in Instrument of Title OT1D/1454 (Otago Registry) and Section 23 and Part Reserve D Blocks IV, VII, X & XIII Glenorchy Survey District comprising approximately 405 hectares.

General description of proposal:

(1) 15.7 ha (approximately) to be designated as land to be restored to or retained in full Crown ownership and control, as a conservation area under Section 35(2)(a)(i) Crown Pastoral Land Act 1998.

(2) 2 ha (approximately) to be designated as land to be restored to or retained in full Crown ownership and control, as a
recreation reserve under Section 35 (2)(a)(ii) Crown Pastoral Land Act 1998.

(3) 800 ha (approximately) to be restored to or retained in Crown control, as a conservation area, subject to two qualified designations under Section 35(2)(b) (i) and 36(1)(a) Crown Pastoral Land Act 1998.

Qualified Designations:
(a) A grazing concession for a 10 year term granted to Pisidia Holdings Ltd and Cabo Ltd; and

(b) A guided walks and horse trekking concession for a 10 year term granted to Pisidia Holdings Ltd and Cabo Ltd over routes through part of this land and some adjacent areas.

(4) 540 ha (approximately) to be restored to or retained in Crown control, as a conservation area subject to two qualified designations under Section 35(2)(b)(i) and 36(1)(a) Crown Pastoral Land Act 1998.

Qualified Designations:
(a) A grazing concession for a 3 year term granted to Pisidia Holdings Ltd and Cabo Ltd; and

(b) A guided walks and horse trekking concession for a 10 year term granted to Pisidia Holdings Ltd and Cabo Ltd over routes through part of this land and some adjacent areas.

(5) 8028 ha (approximately) to be restored to or retained in Crown control, as a conservation area subject to two qualified designations under Section 35(2)(b)(i) and 36(1)(a) Crown Pastoral Land Act 1998.

Qualified Designations:
(a) A guided walks and horse trekking concession for a 10 year term granted to Pisidia Holdings Ltd and Cabo Ltd over routes through part of this land and some adjacent areas; and

(b) A heliskiing and heliboarding concession for a 10 year term granted to Pisidia Holdings Ltd and Cabo Ltd over this land.

(6) 36 ha (approximately) to remain as recreation reserve subject to the granting of a grazing concession for a 33 year term to Pisidia Holdings Ltd and Cabo Ltd under Section 38(1)(b) Crown Pastoral Land Act 1998.

(7) 7.7150 ha (approximately) comprising 3.4 ha of conservation area and 4.3150 ha of recreation reserve to remain as conservation area and reserve, subject to the granting of a grazing concession for a 33 year term to Pisidia Holdings Ltd and Cabo Ltd under Section 37(1)(b) and Section 38(1)(b) Crown Pastoral Land Act 1998. Land is adjoining and covered by one grazing concession.

(8) 47.2 ha (approximately) to remain as recreation reserve subject to the granting of a farming concession for a 33 year term and also subject to the granting of a right of way easement concession to Pisidia Holdings Ltd and Cabo Ltd under Section 38(1)(b) Crown Pastoral Land Act 1998.

(9) 4047 square metres (approximately) to be retained as a recreation reserve subject to the continuation of the Licence under Section 10 Mining Tenures Registration Act 1962 under Section 38(1)(a) Crown Pastoral Land Act 1998.

(10) 182 ha (approximately) to be retained as a recreation reserve under Section 38(1)(a) Crown Pastoral Land Act 1998.

(11) 2556 ha (approximately) to be disposed of by freehold disposal to the holder under Section 35(3) Crown Pastoral Land Act 1998, subject to subject to Part IVA Conservation Act 1987, Section 11 of the Crown Minerals Act 1991 and the following protective mechanisms under Section 40(1)(b), Section 40(2)(b) and 40(2)(c) Crown Pastoral Land Act 1998.

Protective Mechanisms:
(a) A ROW easement for unrestricted public foot access and access by horse and by non-motorised vehicle and to provide conservation management access from Queenstown-Glenorchy Road and then onto Judah Road to the proposed conservation area.

(b) A ROW easement for conservation management access along part of Judah Road.

(c) A ROW easement for unrestricted public motor vehicle access and to provide reserve management access from
Queenstown-Glenorchy Road to the recreation reserve.

(12) 135 ha (approximately) to be disposed of by way of exchange to Pisidia Holdings Ltd and Cabo Ltd under Section 38(1)(c) Crown Pastoral Land Act 1998. Proposal is subject to an easement under the New Zealand
Walkways Act being arranged.

(13) 4.4 ha (approximately) to be disposed of by way of exchange to Pisidia Holdings Ltd and Cabo Ltd under Section 37(1)(c) Crown Pastoral Land Act 1998.

Further information including a copy of the Plan, concessions and easement documents is available on request from the Commissioner's contractor at the following address:

Tenure Review Team Leader
Quotable Value New Zealand Ltd
P O Box 13 443
CHRISTCHURCH
Ph: (03) 3411634
Fax: (03) 3411635

Submissions:
Any person or organisation may send a written submission on the above proposal to the Commissioner of Crown Lands, C/- Quotable Value New Zealand Ltd at the above address. All submissions are being collected and held by
LINZ either directly or through its contractor.

Submitters should note that all written submissions may be made available, in full, by LINZ to its employees and contractor, the Department of Conservation and the public generally.

Closing date of submissions:
Written submissions must be received no later than 22 August 2003.

SUMMARY OF THE PRELIMINARY PROPOSAL

FOR TENURE REVIEW OF

WYUNA PASTORAL LEASE

UNDER THE CROWN PASTORAL LAND ACT 1998

JUNE 2003

INDEX

1. Details of land

-Pastoral Lease

-Conservation Area

-Recreation Reserve

2. Proposal

3. Descriptions of proposed designations

4. Discussion of Proposed Designations in Relation to Objects of Part 2 CPL Act

Appendix 1: Copy of Published Notice (28 June 2003)

Appendix 2: Plans

Appendix 3: Grazing Concession for the Area Marked CA3 on the Plan

Appendix 4: Grazing Concession for the Area Marked CA5 on the Plan

Appendix 5: Guided Walks and Horse Trekking Concession over Areas Marked CA2, CA3 and CA5 on the Plan

Appendix 6: Heliskiing and Heliboarding Concession for the Area Marked CA2 on the Plan

Appendix 7: Grazing Concession for the Area Marked R2(Recreation)/Grazing on Plan Inset 2

Appendix 8: Grazing Concession for the Area Marked R3(Recreation/Grazing) and CA4/Grazing on Plan Inset l

Appendix 9: Farming Concession for the Area Marked R3(Recreation/Farming) on Plan Inset 1

Appendix 10: Right of Way Easement Concession, located in Area R3(Recreation)/Farming marked as "e-f" and "g-h" on Plan Inset 1

Appendix 11: Residence Site License on a landlocked section for the area marked RS(Recreation) on Plan Inset l

Appendix 12: [pdf 192k] Public Access to Conservation Area and Vehicles for Management Purposes Easement marked as "b-c" and "k-l" on Plan and Plan Inset 1

Appendix 13: Vehicles for Management Purposes Easement to Conservation Area marked as "a-b" on Plan Inset 1.

Appendix 14: [pdf 136k] Public Vehicle Access to Reserve and for Management Purposes Easement marked as "d-e" on Plan Inset 1.

Appendix 15: [pdf 112k] Public Foot Access Easement to Trig G marked as "i - j "on Plan Inset 2.

1. Details of land

1.1 Pastoral Lease:

Lease Name: Wyuna

Location: Queenstown-Glenorchy Road, Glenorchy

Lessees: Pisidia Holdings Limited and Cabo Limited

Pastoral Lease: Po 299

Land Registry Folio Ref: OT 1C/1038 (Otago Registry)

Legal Description: Part Run 346, Part Run 346D and Section 28 Blocks IV Glenorchy Survey District

Area: 11941.7404 hectares

Term of the Lease: 33 years from 1 July 1998 to 30 June 2031

1.2 Conservation Area

1.2.1 Land adjacent to south side of Buckler Burn close to Lake Wakatipu

Legal Description: Crown land and Part Buckler Burn Block XXI Town of Glenorchy SO plan 14286

Area: 3.4 hectares approximately

1.2.2 Land on north side of Buckler Burn bridge

Legal Description: Crown land adjacent to Section 18, Part 17 and Part Run 346D Block IV Glenorchy Survey District

Area: 4.4 hectares approximately

1.3 Recreation Reserve

1.3.1 Reserve adjacent to and including Glenorchv airstrip

Legal Description: Part Reserve D Block IV Glenorchy SD

Area: 36 hectares approximately

1.3.2 Reserve used as a dwelling site, held under a Residence Site License

Land Registry Folio Ref: OT lD/1454 (Otago Registry)

Legal Description: Part Reserve D Block IV Glenorchy SD

Area: 4047 square metres approximately

1.3.3 Reserve in access wav to dwelling site located on Part Reserve D Block IV Glenorchy SD

Legal Description: Part Reserve D Block IV Glenorchy SD SO Plan 546

Area: Approximately 5 metres wide right of way Easement

1.3.4 Reserve at southern peripherv of Wvuna between Queenstown-Glenorchy Road and Pastoral lease between Shepherd Creek and Stone Creek

Legal Description: Part Reserve D Block IV Glenorchy SD SO Plan 546

Area: 135 hectares approximately

1.3.5 Reserve to south of Buckler Burn and west side of QueenstownGlenorchv Road

Legal Description: Section 23 and Part Reserve D Block IV Glenorchy SD. SO Plans 546 and 21118

Area: 51.5 hectares approximately

1.3.6 Balance of Reserve. A narrow strip adjacent to Lake Wakatipu

Legal Description: Part Reserve D Block IV, VII, X & XIII Glenorchy SD

Area: 182 hectares approximately

2. Proposal

2.1 To be designated as land to be restored to or retained in full Crown ownership and control, as conservation area (under Section 35(2)(a)(i) Crown Pastoral Land Act):

Area: 15.7 ha approximately (edged in pink and labelled "CAT" on Plan and Plan Inset 3 appended)

2.2 To be designated as land to be restored to or retained in full Crown ownership and control, as a recreation reserve (under Section 35(2)(a)(ii) Crown Pastoral land Act):

Area: 2 ha approximately (coloured in pink and labelled "Rl(Recreation)" on the plan appended)

2.3 To be designated as land to be restored to or retained in Crown control, subject to grazing concessions and a guided walks and horse trekking concession (under Section 17Q (1) Conservation Act 1987):

(a) As Conservation Area (under Section 35(2)(b)(i) and 36(1)(a) Crown Pastoral Land Act 1998

Area: 800 ha (edged in pink with cross hatching and labelled "CA3" on the plan appended). This area is subject to the granting of a grazing concession covering area "CA3" and is the subject to the granting of a guided walks and horse trekking concession going over "CA3" and "CA5"

(b) As Conservation Area (under Section 35 (2)(b)(i) and 36(1)(a) Crown Pastoral Land Act 1998

Area: 540 ha (edged in pink with cross hatching and labelled "CA5" on the plan appended). This area is subject to the granting of a grazing concession covering area "CA5" and is the subject to the granting of a guided walks and horse trekking concession going over "CA3" and "CA5"

2.4 To be designated as land to be restored to or retained in Crown control subject to a guided walks and horse trekking concession and a heliskiing and heliboarding concession (under Section 17Q(1) Conservation Act 1987)

As Conservation Area (under Section 35(2)(b)(i) and 36(1)(a) Crown Pastoral Land Act 1998

Area: 8028 hectares (edged in pink and labelled "CA2" on the plan appended)

2.5 To be designated as land to remain as reserve subject to a grazing concession (under Section 59A Reserves Act 1977)

As Recreation Reserve (under Section 38(1)(b) Crown Pastoral Land Act 1998

Area: 36 hectares (edged in pink and labelled "R2(Recreation)/Grazing" on Plan Inset 2)

2.6 To be designated firstly as land to remain a reserve subject to a grazing concession under Section 59A Reserves Act 1977 and secondly to remain as conservation area subject to a grazing concession (under Section 17Q Conservation Act 1987). Land is adjoining and covered bv one grazing concession.

As Recreation Reserve (under Section 38(1)(b) Crown Pastoral Land Act 1998) and as Conservation Area (under Section 37(1)(b) Crown Pastoral Land Act 1998)

Area: 7.7150 hectares comprising 4.3150 hectares of recreation reserve and 3.4 hectares of conservation area (edged in pink and labelled "R3(Recreation/Grazing)" and "CA4/Grazing" on Plan Inset 1)

2.7 To be designated as land to remain as reserve subject to a farming concession (under Section 59A Reserves Act 1977) and a right of way easement concession

As Recreation Reserve, subject to the granting of a right of way easement, as a concession (under Section 38(1)(b) Crown Pastoral Land Act 1998)

Area: 47.185 hectares (edged in pink and labelled "R3(Recreation/Farming" on Plan Inset 1)

Right of Way Easement, as a Concession

Area: 5 metres wide x 400 metres approximately (shown as continuous orange line marked "e-f" and "g-h" on Plan Inset 1)

2.8 To be designated as land to be retained as a reserve, subject to the continuation of the Licence under Section 10 Mining Tenures Registration Act 1962

As Recreation Reserve (under Section 38(1)(a) Crown Pastoral Land Act )

Area: 4047 square metres approximately (edged in pink and labelled "R5(Recreation)" on Plan Inset 1)

Purpose: A Residence Site Licence on a landlocked section used as a dwelling site is held by the runholders of Wyuna pastoral lease.

2.9 To be designated as land to be retained as a reserve

As Recreation Reserve (under Section 38(1)(a) Crown Pastoral Land Act 1998)

Area: 182 hectares approximately (edged in pink and labelled "R4(Recreation)" on Plan Inset 2)

2.10 To be designated as land to be disposed of bv freehold disposal to person specified' subject to protective mechanisms in the way of public access and vehicles for management purposes easements and a qualified designation for the continuation in force of a registered easement (under Section 35(3), Section 36(3)(c) and Section 40(1)(b) Crown Pastoral Land Act 1998)

Person Specified: Pisidia Holdings Limited and Cabo Limited

Area 2556 hectares (edged in green on the plan appended)

2.11 To be designated as land to be disposed of bv wav of exchange to person specified (under Section 38(1)(c) Crown Pastoral Land Act 1998) subject to an easement to be arranged by the Director-General of Conservation:

Person Specified: Pisidia Holdings Limited and Cabo Limited

Area: 135 hectares approximately (shown edged in green and labelled "Exch l" on Plan Inset 2)

Details of Land to be Exchanged: The land recommended for exchange under the Reserves Act is presently pastoral lease shown coloured in pink and labelled "Rl(Recreation)" on the plan appended.

2.12 To be designated as land to be disposed of by wav of exchange to person specified (under Section 37(1)(c) Crown Pastoral Land Act 1998) subject to the continuation in force of a registered easement

Person Specified: Pisidia Holdings Limited and Cabo Limited

Area: 4.4 hectares approximately (shown edged in green and labelled "Exch 2" on Plan Inset l)

Details of Land to be Exchanged: The land recommended for exchange under the Conservation Act is presently pastoral lease (shown edged in pink and labelled "CAN" on Plan Inset 3)

3. Description of proposed designations

3.1 Land to be restored to or retained in full Crown ownership and control as conservation area. Labelled "CA1":

Total Area = l 5.7 ha (approximately)

This area runs along the margins of Stone Creek and takes in a sizeable beech forest remnant at low altitude. The area contributes to the recreational setting and although presently undeveloped will form a future network of short/medium distance walking routes on Wyuna.

Due to the property being close to Glenorchy and the land commencing adjacent to the public highway this land provides a good opportunity for visitors to experience an easy contoured walk.

3.2 Land to be restored to or retained in full Crown ownership and control as a recreation reserve. Labelled "Rl(Recreation)"

Total Area = 2 ha (approximately)

The land is a long and narrow section adjacent to the eastern side of Glenorchy Lagoon Government Purpose Reserve (wildlife management) at the northern periphery of Glenorchy village. This land will add some variety to the lagoon margin and vegetation thereon along with improved access and space for enjoyment of the setting.

3.3 Land to be restored to or retained in Crown control, as conservation area, subject to a qualified designation in the way of a grazing concession and a guided walks and horse trekking concession. Labelled "CA3"

Total Area = 800 ha approximately

The land is generally mid altitude hills and valleys with deep gorges deeply incised. It is centred on Mt Judah/ Mt Alaska and comprises partly mod)fied tussocklands and regenerating shrublands in Bonnie Jean Creek and lower Wallers Creek catchments along with ribbons of beech forest on lower slopes. Altitude rises from approximately 800 metres ASL to l965 metres on Mt Alaska .

Extensive scheelite mining has taken place over this area in the past and presently is a summer grazing block. This area is a buffer area between land capable of ecologically sustainable use to neighbouring areas having sign)ficant inherent values warranting the lands retention in full Crown ownership and control.

This land has a mix of numerous vegetation types with dense snow tussock predominant on mountain slopes and mixed shrublands and ribbons of beech forest on lower slopes in the deep gorge with the lower slopes and sunny faces mainly covered in short tussock and silver tussock with considerable exotic pasture species present.

Vegetation cover above 1000 metres has a high degree of naturalness with few exotic vegetation species present.

The Kea and New Zealand Falcon, both threatened species, and have priority status for conservation management are found in this area. The area is an exceptional setting for outdoor recreation activities including tramping and hunting.

3.3.1 Grazing Concession:
A ten year sheep grazing concession is to be granted to Pisidia Holdings Limited and Cabo Limited, subject to monitoring to achieve protection of historic sites, landscape values, vegetation, soil and water values and recreational opportunities.

3.3.2 Guided walks and horse trekking concession:
A ten year guided walks and horse trekking concession are to be granted to Pisidia Holdings Limited and Cabo Limited. This concession will allow access as far as Bonnie Jean hut and through Buckler Burn to Black Peak and descending to the boundary of land designated for disposal above Chinamans Flat. Parts of the concession are over adjacent land.

3.4 Land to be restored to or retained in Crown control as conservation area, subject to a to a qualified designation in the way of a grazing concession and a guided walks and horse trekking concession. Labelled "CA5"

Total Area = 540 ha approximately

This land comprises the lower western slopes of Mt McIntosh below the existing retirement fence that has traditionally been used for summer grazing. Land is under 1500 metres ASL and mostly between 1000 metres to 1300 metres. Vegetation comprises mod)fied short tussock and exotic grasses at lower altitude through to tall tussock grasslands and limited areas of alpine vegetation.

The area contains a dramatic mountain backdrop and are highly representative of mountain lands in this district. The area is the lower altitude part of an exceptional setting for outdoor recreation activities including tramping and hunting.

3.4.1 Grazing Concession:
A three year sheep grazing concession is to be granted to Pisidia Holdings Limited and Cabo Limited subject to monitoring, as an interim measure to allow a phase in of a change in farming system on land designated for free disposal and at the conclusion of the term stock will be removed from Mt McIntosh.

3.4.2 Guided walks and horse trekking concession:
A ten year guided walks and horse trekking concession covering this and s other parts of the lower Richardson Mountains is to be granted to Pisidia

Holdings Limited and Cabo Limited. This concession will allow access ov Mt McIntosh descending from Black Peak to the boundary above Chinamans Flat. It also allows access over adjacent land to Bonnie Jean hut and through Buckler Burn to Black Peak.

3.5 Land to be restored to or retained in Crown control, as conservation area subject to a to a qualified designation in the way of a guided walks and horse trekking concession and a heliskiing and heliboarding concession. Labelled "CA2"

Total Area = 8028 ha approximately

This area contains the Wyuna portion of the main ridge system of the Richardson Mountains. The land has several major peaks providing a dramatic backdrop to Glenorchy. A number of the peaks are in excess of 1700 metres altitude. Some glacial features remain.

It is a fragile natural environment where natural processes are very active. The vegetation meets the Protected Natural Area Programme criteria as a priority natural area for protection and includes scattered riparian beech forest, tussockland, shrubland, bracken fern, short fescue and silver tussock on lower slopes and snow tussock land on uplands. .

Areas above 1000 metres have a high degree of naturalness. Endangered species such as the Kea, New Zealand Falcon, and the Rock Wren are present on this land. The high alpine cushion fields, short grasslands over 1800 metres and the alpine zone have a distinctive insect fauna containing rare species.

The area is an exceptional setting for outdoor recreation activities including tramping into the high country.

3.5.1 Guided walks and horse trekking concession:
A ten year guided walks and horse trekking concession is to be granted to Pisidia Holdings Limited and Cabo Limited. . This concession will allow access to Black Peak and then decending across Mt McIntosh to the boundary above Chinamans Flat. It also allows access over adjacent land to Bonnie Jean hut and through Buckler Burn to Mt McIntosh before ascending to Black Peak.

3.5.2 Heliskiing and heliboarding concession:
A ten year heliskiing and heliboarding concession allowing the conduct of heliskiing and heliboarding are to be granted to Pisidia Holdings Limited and Cabo Limited. The ski runs advised by the applicant will be principally along the central ridge system of the Richardson Mountains from Stone Peak to Mt. Buck.

3.6 Land to remain as recreation reserve, subject to the granting of a grazing concession. Labelled "R2(Recreation)/Grazing"

Total Area = 36 ha approximately

The area includes terrace flats covered in rough pasture, to the south of Blanket Bay that have traditionally been used for farming and are partly used for the Glenorchy airstrip. Land is vegetated in exotic grasses, herbs and a mixture of introduced and native shrubs

3.6.1 Grazing concession:
A concession is to be granted to Pisidia Holdings Limited and Cabo Limited to allow the grazing of sheep and cattle and is for a 33 year term, subject to the continued existence and use of the Glenorchy airstrip.

3.7 Land to remain as recreation reserve and as conservation area, subject to the granting of a grazing concession. Labelled "R3(Recreation)/Grazing" and "CA4/Grazing".

Total Area = 7.7150 ha comprising 4.3150 ha of recreation reserve and 3.4 ha of conservation area.

This land comprises terraces in improved pasture on the south side of the Buckler Burn close to the shore of Lake Wakatipu. It has been the subject of previous grazing licences to the Wyuna lessee and has been used for stock grazing and hay making. As noted above the land is partly recreation reserve and partly conservation area.

3.7.1 Grazing concession:
Land is adjoining and is covered by one grazing concession to be granted to Pisidia Holdings Limited and Cabo Limited to allow grazing of sheep and cattle for a 33 year term, subject to the land being available for the ongoing use for Glenorchy community recreation events.

3.8 Land to remain as recreation reserve, subject to the granting of a farming concession and a right of way concession. Labelled R3(Recreation)/Farming"

Total Area = 47.185 ha (approximately)

The land comprises a series of terraces south of Buckler burn used for grazing and hay paddocks for Wyuna Station. . It has been the subject of previous grazing licences to the Wyuna lessee and has been used for stock fattening and hay making.

3.8.1 Farming concession:
A concession is to be granted to Pisidia Holdings Limited and Cabo Limited to allow farming of sheep and cattle involving fattening of stock and hay production for a 33 year term.

3.8.2 Easement concession:
A right of way access easement concession will allow Pisidia Holdings Limited and Cabo Limited access to a neighbouring residential dwelling held under a Residence Site Licence. At the conclusion of the term of the Residence Site Licence the area is to be merged with the "farming concession" held over neighbouring land.

3.9 Land to be retained as recreation reserve, subject to the continuation of the Licence under Section 10 Mining Tenures Registration Act 1962. Labelled "R5(Recreation)"

Area = 4047 square metres (approximately)

This is a landlocked area used as a dwelling site (Residence Site Licence). newish dwelling is on the land mostly surrounded by improved pasture land.

The land will not be disposed of and at the end of the term of the licence the land is to be merged into the adjacent farming concession.

3.10 Land to be retained as recreation reserve. Labelled "R4(Recreation)"

Area = 182 ha (approximately)

The land is a long and narrow strip adjacent to Lake Wakatipu is an ideal setting for gaining access to the lake, it is the habitat for the New Zealand Pigeon, a Category B threatened species and has areas that have valued scenic, aesthetic, recreational and historic attributes.

The strip of lakeshore predominantly in native vegetation is a buffer between the lake and adjacent farmland and assists with the protection of water quality by filtering fertiliser run off.

3.11 Pastoral lease land to be disposed of by freehold disposal to Pisidia Holdings Limited and Cabo Limited, subject to protective mechanisms in the way of easements and a qualified designation for the continuation in force of a registered easement.

Area = 2556 ha (approximately)

The land has been farmed over a long period and is considered to be capable of economic and ecologically sustainable use both as a farm, and given appropriate district planning consents some of the front lands are suitable for other uses. The land has variable contour, vegetation cover and level of potential farm production. No sign)ficant inherent values have been identified.

Wyuna Station has been class)fied under the National Water and Soil Conservation Authority land use capability classes according to those physical properties that determine its capability for permanent sustained production. Approximately 35 hectares is Class III being developed flats/easy contoured land adjacent to the Queenstown-Glenorchy Road, 193 hectares at Bible Terrace and Chinamans Flat is in Class IV, and approximately 1796 hectares on the lower medium contour hill slopes are Class VI. The higher altitude hills are to 1100 metres above sea level but generally under 800 metres, being approximately 532 hectares are class)fied Class VII.

The land has variable contour, vegetation cover and level of potential farm production. It comprises developed flats in improved pasture, developed terrace and low downs, flats at Chinamans flat partly in new grass and part older pasture, and areas of fans and hill slopes in variable pasture, oversown and topdressed tussockland, and some fern and scrub on the hills slopes.

3.11.1 Protective Mechanisms:

Three easements are proposed:

3.11.1.1 Public and Vehicles for Management Purposes Access Easement to Conservation Area

This easement starts at point "k" on the Glenorchy-Queenstown Road passing the Otago High School Lodge to point "l". The easement restarts at point "b" near to the disused Battery site and follows a route (Judah Road) to point "c" at the Conservation Area close to Bonnie Jean Creek on the slopes of Mt Judah. The easement allows public access on foot, on or accompanied by horses or by non-motorised vehicle (i.e mountain bike). It also provides vehicle access for Minister of Conservation management purposes.

3.11.1.2 Vehicles for Management Purposes Easement to Conservation Area:

This easement runs from the vehicle entrance to the south of the Wyuna farm homestead on the Glenorchy-Queenstown Road marked point "a" travelling on the existing track to point "b" where the easement route merges with the public access and Department of Conservation management purposes easement to Bonnie Jean Creek. It provides vehicle access for Minister of Conservation management purposes.

3.11.1.3 Public Vehicle Access to Reserve and Management Purposes Easement

This easement provides access from point "d" on the GlenorchyQueenstown Road across a route to point "e" at the recreation reserve. It provides public vehicle access and vehicle access for Minister of Conservation management purposes.

3.11.2 Qualified Designation

Continuation in Force of A Registered Easement over land adjacent to area labelled "Exch 2". It allows for the continuation in force of the existing easement in gross created by memorandum of transfer 5153879.1 to provide access for Telecom New Zealand Limited.

3.12 Recreation Reserve to be disposed of by way of exchange to Pisidia Holdings Limited and Cabo Limited. Labelled "Exch 1"

Area = 135 ha (approximately)

This area is on the same side of the road as the main block of Wyuna and cut off from the balance of the recreation reserve. The land has been farmed as part of Wyuna and is an integral part of farming operations and is most suitable for farming or other rural uses. This land is not contiguous with the lakeside recreation reserve and is now surplus to requirements. Cover comprises fern and fair pasture.

3.12.1 Public Access to Trig G Easement:

The New Zealand Walkways Act 1990 allows for an easement to provide access for persons on foot from the carpark on the Glenorchy-Queenstown Road marked point "i" along a route to Trig G marked point "j" on the appended plan. This easement is to be arranged by the Director-General of Conservation.

3.13 Conservation Area to be disposed of by way of exchange to Pisidi

Holdings Limited and Cabo Limited. Labelled "Exch 2"

Area = 4.4 ha (approximately)

The land comprises terrace face, is located to the north of the bridge over the Buckler Burn and adjacent to pastoral lease land that is proposed to be offered for freehold disposal as well as existing freehold land. It has been farmed as part of Wyuna Station. Telecom has a microwave station on an adjacent section with right of way access through this area and adjoining land designated for freehold disposal.

4. Discussion of Proposed Designations in Relation to Objects of Part 2 CPL Act

The objects of Part 2 of the CPL Act are set out in Section 24 Crown Pastoral Land Act 1998:

24. Objects of Part 2 - The objects of this part are:

(a) To:

(i) Promote the management of reviewable land in a way 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 revisable instrument; and

(b) To enable the protection of signif cant inherent values of revisable land -

(i) By the creation of protective mechanisms; or (preferably)

(ii) By the restoration of land to full Crown ownership and control; and

(c) Subject to paragraphs (a) and (b), to make easier

(i) The securing of public access to and enjoyment of revisable land; and

(ii) The freehold disposal of reviewable land.

Under this proposal areas with sign)ficant inherent values identified within the pastoral lease will be protected by the designation of approximately 9386 hectares as land being retained in full Crown ownership and control, and Crown control.

Land retained in Crown control is in two groups; comprising approximately 8028 hectares of mountain land and lowland waterway area and is the subject of a concession for heliskiing and heliboarding and secondly for guided walks and horse trekking. The second group takes in land in two grazing concessions to be granted firstly for a 10 year term covering 800 hectares on Mt Judah / Mt Alaska and a 3 year term for 540 hectares on the lower slopes of Mt McIntosh. These mechanisms applying to the mountain lands, gorges and an area of lowland forest will allow these areas to be managed for the protection of the conservation values as well as catering for organised recreational activity and controlled grazing of selected areas.

Land being restored to full Crown ownership and control includes a two hectare strip adjacent to the Glenorchy lagoon, as Recreation Reserve for the management of the lagoon verge in a way that is ecologically sustainable linked to a large extent with the adjacent wetlands and it will improve public access as well as providing an enhanced setting for visitors to the lagoon. Similarly the restoration of 15.7 hectares of low level bush along the margins of Stone Creek, as Conservation Area will allow for public access and although presently undeveloped this area will provide the recreational setting for future walking routes.

The higher altitude lands, lowland afforested areas within the steep sided Buckler Burn and Wallers Creek proposed as conservation area, subject to the granting to Pisidia Holdings Limited and Cabo Limited of a guided walks and horse trekking concession and a heliskiing and heliboarding concession will provide for the protection of sign)ficant inherent values as well as providing two means for active recreation in the high country.

An area of approximately 800 hectares on Mt Judah / Mt Alaska is designated to be retained in Crown control, subject to the granting of a grazing concession. This land sits in a buffer area between the larger area that is proposed for conservation area and parts recommended for disposal. Lower altitude parts of the concession area can sustain a higher level of ecologically sustainable grazing tapering off with increased altitude. This designation allows management of reviewable land in a manner that is ecologically sustainable yet under controlled grazing allows farming to continue.

A short term grazing concession over approximately 540 hectares of the lower slopes of Mt McIntosh, below the present retirement fence, is included in the proposal to allow a phase in of a changed farm management system. This concession granted for 3 years will allow time for further deer farm development on adjacent land, and is subject to monitoring to ensure the land is managed in a ecologically manner.

Ecological sustainable outcomes will be promoted on the proposed 2556 hectares of freehold land by freeing the land from the management constraints that exist under pastoral lease tenure. This land is a mixture of improved pasture land plus low terraces, flats, fans and the lower altitude hill slopes in variable cover from improved pasture, land in scrub and rough grazing. This land has a possible future range of uses, some needing formal local authority consent. The higher slopes are limited in scope and are suitable for pastoral use. The disposal of the land will allow a mix of economic land uses and management practices to be established that will ensure ecological sustainability over the area.

Both, the pastoral lease land designated for disposal and the area of recreation reserve designated for disposal by way of exchange do not have sign)ficant inherent values related to natural resources, historic places and cultural resources or recreation resources, most of which are located on adjoining land recommended for retention in Crown ownership. This area of recreation reserve is cut off from the balance of the recreation reserve along the lake frontage and does not fit in with either the retention of natural areas for public enjoyment nor has sign)ficant use as a recreation resource.

This property has a spectacular alpine setting and although access is only partially developed it is an exceptional setting for trampers and other recreationists heading into the high mountains and visits to the scheelite mine relicts at low to mid altitude and low level walks. The access easements will provide foot and other non-motorised means to the mountain lands and foot access to a trig on low altitude affording views over Lake Wakatipu to allow public enjoyment of the area. The latter foot public foot access will need to be arranged by the Director-General of Conservation in a process running parallel to this review.

Included in the proposal is a large area of recreation reserve along with a small parcel of conservation land between the Queenstown-Glenorchy Road and Lake Wakatipu much of which has been farmed as part of Wyuna Station. Retaining the narrow band that sits between the lake and grazed reserve land in Department of Conservation ownership provides a buffer between farmland and the lake as well as having sign)ficant inherent values related to its landscape, resident bird life and native vegetation. Part of this reserve is within the lakebed itself.

The farmed parts of the recreation reserve does not have sign)ficant inherent values related to natural resources but has values related to recreational resources. The retention in Department of Conservation ownership subject to farming leases allows ongoing farm use and retains the land for community use over an area at the northeast corner and for possible longer term use over the larger area. Part of the recreation reserve, south of Blanket Bay has been retained subject to a grazing licence and the ongoing use as an airfield.

This proposal secures public access to the Richardson Mountains, a bush area on Stone Creek, to a Trig offering view of Lake Wakatipu and to the existing recreation reserve. The access provisions provide public foot, horse and mountain bike access to the Richardson Mountains partly on the Judah Road entering/ exiting the easement to the south of Buckler Burn bridge with a public vehicle access easement to the recreation reserve over a track on the opposite side of the Queenstown-Glenorchy Road. A Minister of Conservation management purposes easement over the lower part of the Judah Road has its entry/exit point south of the Wyuna Station homestead. In addition to the above provision of foot access to Trig G is to be arranged between the Director-General of Conservation and Pisidia Holdings Limited and Cabo Limited.

APPENDICES

1. Notice of Preliminary Proposal as advertised (28 June 2003)

2. Plan (with 3 insets)

3. Grazing Concession for the Area Marked CA3 on the Plan

4. Grazing Concession for the Area Marked CA5 on the Plan

5. Guided Walks and Horse Trekking Concession over Areas Marked CA2, CA3 and CA5 on the Plan

6. Heliskiing and Heliboarding Concession for the Area Marked CA2 on the Plan

7. Grazing Concession for the Area Marked R2(Recreation)/Grazing on Plan Inset 2

8. Grazing Concession for the Area Marked R3(Recreation/Grazing) and CA4/Grazing on Plan Inset 1

9. Farming Concession for the Area Marked R3(Recreation/Farming) on Plar Inset 1

10. Right of Way Easement Concession, located in Area R3(Recreation)/Farming marked as "e-f,' and "g-h" on Plan Inset l

11. Residence Site License on a landlocked section for the area marked R5 (Recreation) on Plan Inset 1

12. Public Access to Conservation Area and Vehicles for Management Purposes Easement marked as "b-c" and "k-l" on Plan and Plan Inset l [pdf 192k]

13. Vehicles for Management Purposes Easement to Conservation Area marked as "a-b" on Plan Inset 1.

14. Public Vehicle Access to Reserve and for Management Purposes Easement marked as "d-e" on Plan Inset 1. [pdf 136k]

15. Public Foot Access Easement to Trig G marked as "i - j" on Plan Inset 2. [pdf 112k]

Go to 3 inset plans...

Related official documents

(Available from LINZ web site)

Conservation resources report (pdf 8.67MB)
Plans attaching to the Conservation resources report (pdf 2.43MB)
Due diligence report (pdf 1.47MB)
Fish and Game report (pdf 74.4KB)
Proposed Designations report (pdf 1.31MB)
Plans attaching to the proposed designations report (pdf 1.74MB)

 

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PANZ submission

Friday, 22 August 2003

Commissioner of Crown Lands
C/- Quotable Value New Zealand Ltd
P O Box 13 443
CHRISTCHURCH
Fax: (03) 3411635

Submission on Wyuna Tenure Review Preliminary Proposal

On 12 March 1998 Public Access New Zealand submitted on an earlier tenure review proposal for Wyuna. That submission stressed the importance of meeting the community needs of the town of Glenorchy by the retention of public open space for present and future community use. Wyuna Station is in a somewhat unique situation of being immediately adjacent to a growing town that has no where else to go for recreation provision.

We advocated a number of amendments to the then proposals and are pleased to see that these are incorporated into the current proposal. In particular the inclusion in reserves of the lower Precipice Creek and all the eastern margin of the Glenorchy wetland is pleasing, as is the intended provision for public vehicle access to recreation reserve R5. The retention of all recreation reserve between the Glenorchy - Queenstown Road and Lake Wakatipu is essential for future public needs. We are generally pleased with the proposed boundaries for high country lands to be retained in Crown ownership. These are not ideal, however we recognise that if farming operations are to remain viable most, if not all, of the lower altitude slopes and terraces have to remain available for this purpose, notwithstanding their high visibility in a spectacular landscape.

There are however significant flaws in the proposals, mainly derived from LINZ's mal-administration of pastoral leases and the department's irrational exclusion from consideration of some matters that bear directly on the outcome of tenure review. Consequently we believe that aspects of the proposal are not in accord with the objects of the Crown Pastoral Land Act and must be rectified.

A. Non-provision of marginal strips

We are dismayed that on examination of official documentation it is revealed that LINZ continues to flout its legal obligations to ensure the creation of marginal strips on Wyuna pastoral lease renewal.

There is a generic practice within Canterbury Land District to extend the term of pastoral leases rather than renew the lease on expiry. Wyuna is only the second case in Otago where PANZ has discovered an instance of this practice. Wyuna was 'renewed' through extension of its term in 1998 and consequently there are no marginal strips in place over qualifying water margins. LINZ's refusal to consider marginal strips at the time of this current and final disposition, by way of freeholding, provides no confidence that the law will be complied with this time around.

The effect of extension of the term of the lease rather than renewal is to avoid a 'disposition' of the lease that would require the creation of marginal strips.

Section 24(9) of the Conservation Act 1987 states that-

"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".

There is ability to vary the covenants, conditions and restrictions of leases under the Land Act 1948 (Section 170A), but not contrary to express statutory constraints directly applicable to pastoral leases.

The tenure of pastoral leases is expressly confined to "a perpetual right of renewal for terms of 33 years" (Section 4 (b) Crown Pastoral Land Act 1998). This means what it says, "a perpetual right of renewal", not rights of extension of term. Individual terms are limited to 33 years, not extendable to 66 years as the memorandum of variation 957330.1 for Wyuna purports to do. This action negates the clear intention of Parliament to have marginal strips created on disposition of lands of the Crown.

The consequence of this practice, and LINZ's refusal to deal with marginal strips as an integral part of tenure review, is that there is no certainty that marginal strips will be created on Wyuna as a consequence of tenure review. If they are created, there is no assurance that their extent is in accord with legal requirements. Failure by LINZ to comply with the law and sound administrative practice has not been confined to the matters noted above. The Due Diligence Report records that the Chief Surveyor was requested to define marginal strips in 1995, but there was no response.

Many of the proposed public access provisions are inadequate in themselves. They also require the creation of marginal strips if the express object of "securing public access to and enjoyment of reviewable land" (section 24(c)(i) Crown Pastoral Land Act 1998) is to be complied with under the current review. Throughout the Conservation Resources Report, DOC repeatedly intimates an expectation that marginal strips will be created in particular localities to give effect to their proposals for conservation areas and public access. However as LINZ refuses to formally consider marginal strip provision as part of tenure review, LINZ cannot rely on assumptions about marginal strips to bolster claimed compliance with its obligations under section 24(c)(i) CPLA.

Given LINZ's current stance, the adequacy of the advertised proposals can only be judged on what appears on the proposed designation plans. On this basis there is only one public access provision to 9368 hectares of highly dissected mountain country. That singular provision is in itself inadequate as a means of providing secure public access (refer to sections C & D of this submission). We fail to see how these current proposals can be in accord with Cabinet's decision of 6 August 2003 to confirm as a government objective "secure public access to and enjoyment of high country land" (POL Min (03) 19/7). There is a directive to officials "to achieve the Government's objectives for the high country in the most effective and efficient way".

However if LINZ is going to persist with their inefficient and ineffective provision for public access during tenure review, then other measures are necessary. Consequently we are obliged to propose a number of other designations of land so as to ensure compliance with the objects of the CPLA and Government's directions. Many of these additional proposals would be unnecessary if LINZ had complied with its lease administration responsibilities in regard to marginal strips in 1998, and if their failings at that time were allowed to be rectified during this current tenure review.

B. Further access designations required (north to south)

The form of access designation we seek is set out in section E below. The routes requiring these are as follows-

1. Precipice Creek
Despite extending the proposed Conservation Area CA5 downvalley to the western boundary of the property, no provision for legal access has been made. Therefore the bulk of the proposed northern high country conservation areas are inaccessible. All that it would take would be a 200 metre connection from the conservation area to an unformed legal road connecting to the Glenorchy-Paradise Road. There are no physical difficulties in making this connection as it is over level pasture. The unformed road is through bracken fern and pasture with no physical obstacles for foot passage. On definition of its alignment it could be easily opened up to public use (refer Photo 3, PANZ web site).

The proposed boundary of CA5 along the northern edge of Chinamans Flat needs to be checked to ensure that practical, safe foot access can be provided. If not, the boundary needs to be amended.

The Conservation Resources Report noted the existence of the legal road which "could provide public access to any land retained by the Crown", but no action.

The failure of officials to provide for such an obvious need, capable of ready provision, is an indictment of the system. The law and government policy is not deficient. The deficiencies obviously lie elsewhere.

2. Stone Creek
Conservation CA1 is proposed over beech forest within the lower reaches of Stone Creek.

DOC's Proposed Designations Report, states under a heading of 'recreation', that "the proposal contributes to the recreational setting and has the potential to form part of a future network of short/medium walking routes on the property, e.g., as part of a future round trip centred on Mt Judah, or climb of Mt Alaska". However there are no provisions for a network, or any walking routes including on to Teds Spur, a need identified by NGOs. CA 3 is only 700m from the upper boundary of CA1. It would make sense to extend the conservation area down-slope.

There is a wonderful opportunity for day trips if a round trip were available from Stone Creek over Mts Alaska or Judah and return via the proposed Mt Judah road route, or vise versa (refer Photo 6, PANZ web site).

3. Little Stony Creek|
A very worthwhile area of recreation reserve is going to be retained at the mouth of Little Stony Creek and down to the lakeshore. As DOC reports this provides about the only opportunity for roadside parking and ease of access to the lake. It is also planned to be the starting point of a Walkway to a viewpoint at Trig G.

Little Stone Creek would also provide easy access to the lower boundary of the high country conservation area CA2 via the creek or environs, leading to Stone Peak (refer Photo 7, PANZ web site). Stone Peak was identified by DOC as a target for climbers, and they stressed the necessity of encouraging goat and chamois hunters to control such animals. Without regular, convenient access to the high country, this objective cannot be achieved.

4. Shepherds Hut Creek
DoC reported that "although no current need has been identified, it would be desirable to seek an easement or create a marginal strip for foot access along the true right bank of the creek to access the higher lands of the pastoral lease which are likely to gain conservation status, and in so doing, establish a southern access point to the Richardson Mountains through Wyuna Station".

Our inspection, backed by the Due Diligence Report, reveals that the property boundary is not up the Creek but the face south of the creek, and that the most practical and useful access is on either side of the creek. There is only a 600m gap between the top of the recreation reserve and the bottom of conservation area CA2. Either the boundary of CA2 is amended down-slope to take in the spurs either side of the incised creek, or one or more access ways need to be created to the conservation area from the recreation reserve (refer Photo 9, PANZ web site).

This location provides strategic access to a huge slice of rugged mountain country, not only on Wyuna, but also on the adjoining Mt Creighton Station which is also in tenure review. The Wire Saddle, at the head of Shepherds Hut Creek, provides a key access into the Moonlight catchment for through trips to the Shotover or return via Lake Luna to Lake Wakatipu.

C. Terms of public access easements
The objects of Part 2 of the CPLA include a duty under section 24(c)(i), to "secure public access to and enjoyment of reviewable land". 'Securing' entails more than passive or inadequate provision of public access. Whilst no definition of 'securing' is contained in section 2 CPLA it is normal judicial practice, in the absence of applicable statutory definition, to look at ordinary dictionary interpretations for meaning. The Concise Oxford, Seventh Edition, defines 'secure' as "safe against attack, impregnable, reliable, certain not to fail or give way, having sure prospect...from interruption".

We submit that in most respects, the proposed 'protective mechanisms' in the form of public easements pursuant to section 80 CPLA, section 7(2) Conservation Act, and section 8 Walkways Act, fail to be "safe against attack, impregnable, reliable, certain not to fail or give way, having sure prospect...from interruption".

We refer to the express terms of the draft easement documents-

Exclusion of schedules.

Whilst the Ninth Schedule of the Property Law Act 1952 is expressly excluded from the terms of the easements, section 126G of that Act is not. Section 126G allows modification or extinguishment of easements through the courts, at the initiative of either party to their creation or one alone. There is no ability for public notification or objection. This omission constitutes a fundamental failure to "secure" public rights of passage, as required by the CPLA.

Temporary suspension.

For the Conservation Act easement "the Transferee may, at any time in exercise of her/his powers, temporarily close all or part of the Easement Area for such period as she/he considers necessary".

For the Reserves Act easement "the Transferee may, at any time in exercise of her/his powers, temporarily close all or part of the Easement Area for such period as she/he considers appropriate".

The total absence of any cited legal authorities for closure is of great concern. If there are lawful powers of closure applicable they must be expressly cited. Without such there can be no accountability for DOC's future actions, and therefore no certainty of secure public access. If genuine reasons for closure of conservation areas and reserves to public recreation exist, these should be directly exercised over such areas, and not on access ways leading to such. Police and rural fire authorities have more than sufficient power of closure now without DOC attempting to extend its jurisdiction beyond the land it administers.

The discretion to close NZ Walkways (easement i-j) is far too wide to meet the test of "securing" public access as required by the CPLA. This mechanism should not be used.

Another factor not widely known is that under the Crimes Act (section 58) the public is liable to eviction notwithstanding rights under any easement. The reality is that these are private lands notwithstanding any public privileges granted. This is in marked contrast to the protections and certain rights afforded by public roads which are wholly public property.

Dispute resolution.

Despite the "Transferee" being defined to include "any member of the public", there are no provisions for public involvement in resolving any disputes between the Transferee (meaning DOC) and the freehold landowner. This means that "any member of the public" is totally dependent on DOC to uphold the public interest. There has to be provision for DOC being held publicly accountable for its handling of disputes if there is to be any confidence that access will not become insecure as a result of secret negotiations.

D. Specific provisions in proposed public access easements

Easement k-l, b-c

While we welcome the intention to cater for horse as well as cycle and foot passage, the terms of the grazing concession beyond point 'c' implies that horse use is uncertain. The uncertainty arises by stating that "possibly" horse access along the Mt Judah road within the concession area will be available. This is unacceptable. If horse use is to be available as of right over the portion of the road subject to easement, then it must also be available over the balance of the road.

Easement d-e

This is billed as providing public (motor) vehicle access but it doesn't. Its terms (2.1) are confined to "on foot, on or accompanied by horses, or by non-motorised vehicle powered by person or persons". Provision for "motor vehicle" must be added. There should be no provision for locking of gates. After all, this access leads to a highly modified, grazed recreation reserve, not to the last vestiges of rare and endangered whatnots.

We submit that none of the above easements, even with amendment, meet the test of securing public access as required by the CPLA, and should not be used. Public paths, dedicated as public roads, are required, as set out in section E.

E. Retention of Crown ownership and designation as 'public highway' required

The only form of secure public access in New Zealand is public road. At common law, every member of the public has a right to assert unhindered passage at all times. Such rights are vested in the public and not the roading authority. Over many centuries, such rights have proven to be very robust, notwithstanding inadequate and at times unlawful administration by roading authorities. The existence of direct public remedies against anyone whom obstructs passage is the key ingredient for securing access. The remedies available are removal of obstructions, suing the obstructing party, or both. No such remedies exist for obstructed public easements. Like PANZ, the Ministerial Reference Group on access recognises roads as the most secure form of access in New Zealand.

There are statutory abilities to temporally close or permanently stop roads, however the grounds for such are very constrained. There are public processes and a large body of case law to ensure that the exercise of such powers is not unwarranted or unreasonable. The same cannot be said of the terms of the proposed easements.

PANZ submits that secure public access must be provided along all the routes proposed in the Preliminary Proposal as well as those extra routes we have identified.

These routes should be designated as land pursuant to section 35(2)(a)(iii) for the specified Crown purpose of "public highway". These roads should be dedicated by the Commissioner of Crown Lands as public highways for foot, horse, cycle, and motor vehicle passage as applicable, with animus dedicandi being fulfilled by public acceptance and use.

The specified Crown purpose should be "public highway".

If and when a substantive proposal is put to the holder, authority for this designation would continue via section 46(1)-

In conclusion, while there are several options open in regard to the administration of any Crown purpose roads, the CPLA provides the ability to retain in full Crown ownership and control assets which further the objects of the Act. Those assets can include roads. In this case we submit that there is an obligation for the Crown to retain ownership of the currently proposed 'easement areas', but as public roads. This is the only proven means of fulfilling the CPLA's object of "securing public access and enjoyment of reviewable land". The alternatives offered are clearly inadequate.

Road dedications required on Wyuna

• The route currently proposed as k-l and b-c should be dedicated as a foot, bridle and cycle path at least 10m wide.
• Route e-f should be dedicated as a public road 20 m wide, for all forms of passage.
• Our proposed Precipice Creek, Stone Creek, and Little Stony Creek accesses, and Shepherds Hut Creek linkage should be dedicated as public foot paths at least 10 metres wide.

F. Grazing and other concessions

We are concerned that reference to the Health and Safety in Employment Act and the Occupiers Liability Act within the grazing and other concessions may imply to the concessionaires that they are empowered to restrict or deny public use of the conservation areas and reserves.

We point out that they will become licensees with no powers of occupation or exclusive possession.

The areas may be "places of work" for the purposes of their employees and clients, but not for others.

There must be express provisions put into all concession documents that, for the avoidance of doubt, the Occupiers Liability Act does not apply. Also that, not withstanding licensees' obligations under the Health and Safety in Employment Act., non-client members of the public have free and unrestrained use of conservation areas and reserves at all times.

G. Glenorchy airstrip

This is now in continuous use by commercial operators and frequently by private aircraft. We see no necessity for this to be leased for a 33-year term for grazing. The intensity of use is such that it has become dangerous for stock to be present. We believe that those commercially benefiting from use of this public amenity should mow the strip if required, so enabling the exclusion of stock. No other developments are necessary.

We submit that there should be no grazing concession over recreation reserve R2. The open, grassed portion of the airstrip should be vested in the Queenstown Lakes District Council as a local purpose reserve. The balance, being the wooded and scrubby portion nearer the lake, should remain as recreation reserve and be free of any grazing concessions. It primarily has amenity values.

Yours faithfully

Bruce Mason
Co-Spokesman and Researcher

PANZ Photographs

 

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Public Access New Zealand, P.O.Box 17, Dunedin, New Zealand

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