This page created 24 October 2002 / last modified 21 December 2002

South Island high country

Otago leases

Quailburn pastoral lease

Po 336
Ahuriri Valley / Ohau Range
Otago Land District
Tenure review not approved by Commissioner of Crown Lands

Back to ... Po 336 Quailburn

DOC Conservation Resources Report pdf 4.8MB

CROWN PASTORAL LAND ACT 1998

QUAILBURN 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 Terrence John Cooke and Josephine Cooke the holders of Quailburn Pastoral Lease.

Legal description of land concerned:

Pastoral lease land:

Part Run 556 and Run 671 situated in Longslipside, Ohau Lake, Longslip and Ahuriri Survey Districts contained in Land Registry Folio Reference OT1 lD/1438 comprising 7413.8 hectares subject to survey.

General description of proposal:

5278 ha (approximately) to be designated as land to be restored to full Crown ownership and control as a conservation area under Section 35 (2) (a) (i) of the Crown Pastoral Land Act 1998.

2136 ha (approximately) to be disposed of by freehold disposal to T J and J Cooke under Section 35 (3) of the Crown Pastoral Land Act 1998 subject to protective mechanisms.

Protective mechanisms:

(a) An easement under Section 40 (2) (c) Crown Pastoral Land Act 1998 to provide for public access by foot, non-motorised vehicle powered by a person, and horse to the proposed conservation area.

(b) An easement under Section 40 (2) (b) Crown Pastoral Land Act 1998 to provide for conservation management access to the proposed conservation area.

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

The Manager
DTZ New Zealand Limited
Land Resources Division
P O Box 27
ALEXANDRA

Phone (03) 448-6935
Fax (03) 448-9099
E-mail: ken.taylor@.dtz.co.nz

Submissions:

Any person or organisation may send a written submission on the above proposal to the Commissioner of Crown Lands, C/- DTZ New Zealand Limited at the above address.

Closing date of submissions:

Written submissions must be received no later than 19 December 2002.

SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE REVIEW

OF QUAILBURN PASTORAL LEASE

UNDER THE CROWN PASTORAL LAND ACT 1998

INDEX:

1. Details of land under consideration

2. Proposal.

3. Description of proposed designations.

4. The proposal in relation to the objects of Part 2 of the Crown Pastoral Land Act 1998.

Appendices:

Appendix 1: Designations plan.

Appendix 2: Draft easement document for public access to the conservation area.

1. Details of land under consideration:

Pastoral lease:

Lease Name: Quailburn

Lessee: Terrence John Cooke and Josephine Cooke

Location: Quailburn Road, Omarama

Land Registry Folio Ref: OT1 lD/1438

Legal Description: Part Run 556 and Run 671, Longslipside, Ohau Lake, Longslip and Ahuriri Survey Districts.

Area: 7413.8 hectares

Local Authority: Waitaki District Council

Term of Lease: 33 years from 1 July 1974

2. Proposal:

2.1 Land to be designated as land to be restored to full Crown ownership and control as a conservation area (under Section 35 (2) (a) (i) Crown Pastoral Land Act 1998).

Area: 5278 ha (approximately) (shown edged pink on the plan in Appendix I).

2.2 To be designated as land to be disposed of by freehold disposal to T J and J Cooke (under Section 35 (3) Crown Pastoral Land Act 1998) subject to protective mechanisms.

Area: 2136 ha (approximately) (shown edged green on the Plan attached in Appendix 1).

Protective mechanisms:

(a) An easement under Section 40 (2) (c) Crown Pastoral Land Act 1998 over the route marked "a-b" on the Plan attached in Appendix 1 to provide for public foot, non-motorised vehicle powered by a person, and horse access to the proposed conservation area. The terms and conditions of this easement are contained in the draft easement document attached in Appendix 2.

(b) An easement under Section 40 (2) (b) Crown Pastoral Land Act 1998 to allow access for conservation management purposes over the route marked "a-b" on the Plan attached in Appendix 1. The terms and conditions of this easement are contained in the draft easement document attached in Appendix 2.

3. Description of Proposed Designations:

3.1 Proposed conservation area:

Area: 4876 ha (approximately) (shown as Area CAI edged pink on the Plan attached in Appendix 1).

This area is the entire Quailburn Block of this pastoral lease. It stretches from the Ahuriri River in the west to the Quailbum in the east. The area includes a segment of the east branch of the Ahuriri River and a series of other tributaries along with alpine tarns. The altitude rises from approximately 700 metres at both the western and eastem sides to in excess of 1500 metres adjacent to the boundary with the Ohau conservation area on the northern boundary.

Significant inherent values exist throughout this block. These include high natural values comprising one of few mountain beech remnants representative of the dry Mackenzie Basin conditions, an altitude sequence from beech forest to scree and also from valley floor wetlands to alpine screes through shrubland, grassland and snowtussock, and a large variety of wetland types from streams, bogs, ephemeral wetlands to tarns and flushes. These natural areas are the habitat to a range of native fresh water fish and also to a variety of birds. Included are threatened species such as the red and yellow mistletoes, the whipcord hebe, black stilt, ryebill, black fronted tem and the New Zealand falcon. This is also a key breeding and feeding site for a number of other fully protected wildlife such as the pied oyster catcher, New Zealand scaup, New Zealand shoveller duck, and black billed gull. Finally this block forms an important portion of the significant landscape of the upper Ahuriri Valley and also the Ohau area.

While small areas within this are severely degraded with a sign)ficant component of hawkweeds the integrity of the area suggests that it should be protected in its entirety.

3.2 Proposed Conservation Area:

Area: 402 ha (approximately) (shown as Area CA2 edged pink on the Plan attached in Appendix 1).

This area contains two areas of sign)ficant inherent values. The first of these is a representative example of some of the last of what was once a very extensive wetland system on out-washed gravels. This particular remnant includes a good representation of indigenous plants, typical of red tussock grasslands. The second area comprises a series of small tarns or kettle holes with extensive and diverse turf communities. These areas are the habitat of at least two threatened species Isolepis basilaris, and luzula celata. These tarns are also an important feed area for the threatened black stilt, ryebill and black fronted tern. This is one of the 11 principal areas of,kettle holes within the South Island, all of which have a rich native flora of wetland and turf plants.

Each site is characteristic of and a key feature of the ecological district in which they belong. Each suite of glacial landforms is unique, each with very different sets of features, modes and timing of disposition. While these tarns are very much ephemeral they are nonetheless important.

The boundary of this area has been extended to incorporate the majority of the catchment which feeds these kettle holes. While the vegetation surrounding these kettle holes it is not sign)ficant in itself the contribution this area makes to the overall catchment is.

3.3 Land to be disposed of by freehold disposal to T J and J Cooke subject to protective mechanisms:

Area: 2136 ha (approximately) (shown edged green on the Plan attached as Appendix l).

This area includes approximately 600 ha of cultivated pasture partially developed by a previous holder. The balance of the area comprises poor tussock cover, extensive hieracium, and an extensive area of wilding pines in the northwest corner. This area is capable of economic use.

3.3.1 Protective mechanisms:

4. Discussion of proposed designations in relation to the objects of Part 2 CPL Act:

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 ard indirect) resulting from its tenure under reviewable instrument; and

(b) To enable the protection of significant inherent values of reviewable land -

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

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

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

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

(ii) The freehold disposal of reviewable land.

This review meets and exceeds the requirements of the CPL Act for the management of reviewable land in a way that it is ecologically sustainable. The entire Run Block of the lease is to be restored to full Crown ownership and control, with grazing removed, thereby enabling a natural regeneration to native grasslands. It is noted in this particular case that the current holder has only lightly stocked this area during his occupancy and already regeneration of natural vegetation is apparent. The Glen Eyrie Downs Block is located on an area of shallow soils in a harsh climate. Continued farming of these areas without inputs is unlikely to be ecologically sustainable and the evidence suggest that there is a tendency towards extensive hieracium and wilding pines. The release of this area from the constraints of a pastoral lease may facilitate further investment counteracting these adventive plants. The proposed conservation area within Glen Eyrie Downs without stock or inputs will be interesting to observe for ecological trends.

The proposal as presented has taken account of all sign)ficant inherent values that have been identified in the Conservation Resources Report by restoration of these to full Crown ownership and control which is the preferred outcome under the Crown Pastoral Land Act 1998.

As the entire Run Block of the lease is being restored to full Crown ownership and control future access is determined by the status of the conservation area. Public access is provided the conservation area within the Glen Eyrie Downs Block, this will be largely for passive recreation and appreciation of the biological values. It is not anticipated that this access will receive high use.

There has been no identification of land required for other Crown purposes.

APPENDIX 1:

Designations plan.

PANZ Submission

19 December 2002

Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
Alexandra

Fax (03) 448 9099

Submission on Quailburn Tenure Review

PANZ wishes to congratulate all officials and LINZ agents involved in preparation of the Preliminary Proposal. This provides a very good outcome for the Crown. Greatest appreciation is due to the lessee for his willingness to proceed with the proposal.

Of the approximately 23 reviews advertised so far under the Crown Pastoral Land Act, this is the first in our view that complies with the objects of the Act. Our inspection of the property leads us to believe that all areas containing significant inherent values have been identified for Crown retention. The Summary of the proposal states that "this review meets and exceeds the requirements" of the Act (our emphasis). It certainly "meets" it, but does not exceed. The proposal reflects what the Act requires in terms of the objects for tenure review. It certainly exceeds what has been offered in the other 22 reviews, but that is because these are deficient in meeting their legal requirements.

We make the following comments on aspects requiring further consideration. These are relevant matters and should not be disallowed from consideration just because they are not "new information". Public consultation legally requires open mindedness entailing willingness to reconsider decisions already made, irrespective of any constraining instructions from LINZ.

Public Access Easement
The Summary of the proposal and the public advertisement state that this is for foot, non-motorised vehicle, or horse access. However the draft easement document confines public access to foot. This is unacceptable. The distance involved (over 2 km) and level terrain make it not particularly attractive for walking, and the alternative non-motorised options should be provided for.

The route follows "a partly formed farm track", near the property boundary. Without knowing the width of the easement it is uncertain if all of the track will be within the easement area. The width should ensure that it is.

Exclusion of Schedules
"The rights and powers contained in the Seventh Schedule of the Land Transfer Act 1952 and the Ninth Schedule of the Property Law Act 1952 are expressly excluded".

There is express exclusion of the rights and powers contained in the Ninth Schedule of the Property Law Act, but not of those in section 126G which enable modification or extinguishment of easements through the Courts, without public process. Such a provision undermines the legislative intent of section 24(c)(i) CPLA to secure access. This is the central weakness behind easements so far negotiated during tenure review. Section 7(2) Conservation Act provides only partial security for the public from DOC instigating disposal (but probably not from adverse modification). Public notification and submission procedures apply, however this is not the case if a landowner instigated use of section 126G of the Property Law Act. This is notwithstanding that the easement is in perpetuity. Even this term could be modified or extinguished in future.

We submit that section 126G of the Property Law Act be expressly excluded from application by the terms of the public easement

Temporary Suspension
We are concerned about the 'temporary suspension' provisions of the draft easement document. These state the­
"The transferee may close all or part of the Easement Area and suspend public access to it under section 7 Conservation Act 1987 if reasons of public safety or emergency require closure, or otherwise in accordance with the provisions of section 13 of the Conservation Act 1987".

Section 7 Conservation Act is entitled 'land may be acquired and held for conservation purposes', and contains no powers of closure.

Section 13 Conservation Act only applies to conservation areas. The easement area will be private freehold. If there are genuine reasons for closure of the conservation area, that is where closures should apply. Notifying closure of the conservation area at the commencement of the easement is acceptable, however we believe that the easement itself cannot be closed under the Conservation Act.

These provisions reinforce the insecure nature of the easements and their failure to properly comply with "securing of public access to and enjoyment of reviewable land" as required by section 24 (c)(i) CPLA.

We submit, that to satisfy the "secure" access requirements of the CPLA, the temporary suspension provisions are deleted.

Yours faithfully

Bruce Mason
Researcher

Photographs