This page created
9 June 2003 / last modified 14 July 2003
Po 352
Matutituki Valley
Otago Land District
Tenure review yet to be approved by Commissioner of Crown Lands
CROWN PASTORAL
LAND ACT 1998
CATTLE FLAT 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 Charleton George Ewing, Melanie Ruth Ewing and The Trustees
Executors & Agency Company of New Zealand Limited as lessees
of Cattle Flat Pastoral Lease.
Legal description of land concerned:
Pastoral lease land:
Part Run 812 and part Section 1 SO 22995 being all that land
contained in instrument of title CL 10C/688 (Otago Registry)
comprising 4585.0723 hectares.
General description of proposal:
1. 750 ha (approximately) to be designated as land
to be restored to full Crown ownership and control under Section
35 (2) (a) (i) CPL Act as conservation area.
2. 9 ha (approximately) comprising three areas to be designated
as land to be restored to full Crown ownership and control under
Section 35 (2) (a) (ii) CPL Act as recreation reserve.
3. 860 ha (approximately) to be designated as land to be
restored to Crown control under Section 35 (2) (b) (i) CPL Act
as conservation area subject to two grazing concessions to be
granted to
C G & M R Ewing and Trustees Executors under Section 36 (1)
(a) CPL Act.
The concessions are as follows:
Grazing concession over 790 ha for ewe grazing which is not to be actively encouraged for a term of 30 years.
Grazing concession over 70 ha for grazing up to 809 ewes between 1 January and 1 May for a term of 30 years.
4. 2966 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder under Section 35 (3) CPL Act subject to part IVA of the Conservation Act 1987, Section 11 of the Crown Minerals Act 1991 and the following protective mechanism under Section 40 (2) (a) CPL Act:
Protective mechanism:
A conservation covenant
over an area of approximately 100 ha for the purpose of protecting
the natural landscape.
Further information including a copy of the plan and covenant
document is available on request from the Commissioner's agent
at the following address:
The Manger
DTZ (NZ) Limited
Land Resources Division
P O Box 27
ALEXANDRA
Phone (03) 448-6935
Fax (03) 448-9099
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.
All submissions are being collected and held by LINZ either directly
or through its agents or contractors.
Submitters should note that all written submissions may be made
available, in full, by LINZ to its employees, agents and contractors,
the Department of Conservation and the public generally.
Closing date of submissions:
Written submissions must be received no later than 14 July 2003.
SUMMARY OF THE PRELIMINARY PROPOSAL
FOR TENURE
REVIEW OF CATTLE FLAT PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
1. 2. 3.
Details of land under consideration.
Proposal.
The proposal in relation to the objects of Part 2 CPL Act.
Appendices:
Appendix 1: Designations Plan. [see below]
Appendix 2: Draft covenant document. [not included on this site]
Appendix 3: Draft grazing concession (for CA2). [not included
on this site]
Appendix 4: Draft grazing concession (for CA3). [not included
on this site]
1. Details of land:
Pastoral lease:
Lease Name: Cattle Flat (Po352)
Lessee:
C G & M R Ewing, The Trustees Executors & Agency Company of New Zealand Limited
Location: Matukituki Valley, Wanaka
Land Registry Folio Ref: CL l OC/688, (Otago Registry)
Legal Description: Part Run 812 and part Section 1 SO 22995.
Area: 4585.0723 hectares
Local Authority: Queenstown-Lakes District Council
Term of Lease: 33 years from 1 July 1990
2. Proposal:
2.1 Land to be restored to full Crown ownership and control as
conservation area (under Section 35 (2) (a) (i) CPL Act):
It is proposed that approximately 750 ha (area outlined pink and shown as CAI on diagram attached as Appendix 1) be retained and managed as conservation area. This area comprises the main mountain slopes north of Treble Cone above existing and proposed boundary fences. This country is very steep and has not been grazed by domestic stock for many years. It contains an altitudinal sequence of native vegetation ranging from forest and shrublands in the valley floors to snowtussock grassland with alpine vegetation along the main ridges above 1400 metres.
The area is habitat for kea and New Zealand falcon, both Category B threatened species. It is also habitat of threatened insect species plus a possible new species of black and metallic blue weevil.
The area ranks as high for 6 of the 7 criteria used for assessing PNA areas.
The area provides a spectacular natural backdrop to the Wanaka/Matukituki area which is a key visitor destination. The area represents an exceptional setting for recreational activities including tramping, climbing, ski-touring and hunting. The area provides a back drop to Treble Cone Skifield.
2.2 Land to be restored to full Crown ownership and control
as recreation reserve (under Section 35 (2) (a) (ii) CPL Act):
This land comprises
three areas totalling approximately 9 ha.
The area shown R1 on map attached as Appendix 1 consists of a series of bluffs adjacent to the Wanaka Mount Aspiring road. This area is frequently used by rock climbers and can easily be accessed from the road. It provides a popular recreation venue in a natural setting. The proposal would result in realigning the existing deer fence around the bluffs so that access could be gained from the road. The area of the proposed reserve is approximately 3 ha.
It is proposed that two areas
totalling approximately 6 ha on the western bank of the Motatapu
River on either side of the Wanaka Mount Aspiring Road (shown
R2 and R3) be reserved for recreation purposes. The northern
area consists of a flat area of river terrace containing willows
that is suitable for day picnicking. The area south of the road
consists of a narrow strip that includes a series of bluffs bounding
the western bank of the river for approximately 500 metres. These
bluffs are popular for rock climbing. Many of the bluffs lie within
the existing marginal strip, however parts of the bluff system
and their access and carpark lie within the lease.
2.3 Land to be restored to Crown Control as conservation area (under Section 35(2) (b) (i) CPL Act) subject to two grazing concessions (under section 36 (1) (a) CPL Act) as set out in Section 2.4:
It is proposed that two areas totalling approximately 860 ha (outlined and hatched pink and shown as CA2 and CA3 on diagram Appendix 1) be retained as conservation area subject to grazing concessions. Area CA2 consists of steep mountain slopes located south of Treble Cone ski area mainly between the 1100 metre contour and the ridgeline. Vegetation is dominated by snowtussock with native shrub communities in gullies and on shady faces. The significant inherent values of this area arise from similar values to those described for area CAT. This area is proposed to remain unfenced along most of its lower boundary as stock do not generally graze above this altitude, tending to remain on oversown country within proposed freehold.
Area CA3 is that part of the proposed conservation area above the Carmel Burn that has largely been converted to exotic sward grasses and is suitable for ongoing grazing but which cannot practically be fenced from the surrounding conservation area. It ranges in altitude from 600 to 1000 metres. It has been determined that grazing beyond an existing fenced proposed freehold boundary through a concession is appropriate so that future grazing can be controlled to minimise adverse impacts on adjacent land.
2.4 Concessions:
Two concessions are proposed under Section 36 (1) (a) CPL Act to C G & M R Ewing and The Trustees Executors & Agency Company of New Zealand Limited. The concessions are described as follows:
(i) Grazing concession over area shown CA2 (approximately 790 ha).
This concession is to provide for the incidental grazing of sheep that occurs across the non-fenced boundary of the proposed conservation area. Sheep are not to be actively encouraged to graze within this area. The term of the concession is for 30 years.
(ii) Grazing concession over area shown CA3 (approximately
70 ha).
The purpose of this concession is to provide for grazing for up to 200 ewes on an annual basis between 1 January and 1 May in any year. From year 11 to the termination of the lease after 30 years sheep numbers are to be reduced to 133 ewes on an annual basis within this period.
The granting of this concession is proposed as a way of allowing the holder to continue grazing a modified exotic pasture sward in an area where fencing from the balance of the conservation area is impractical. The concession will allow the Department of Conservation to control stock type and numbers and consequently the effect on adjacent conservation values.
2.5 Land to be disposed of by freehold disposal to the holder
subject to protective mechanisms (under Section 35 (3) CPL Act):
It is proposed that an area of approximately 2966 ha (shown marked outlined green on diagram in Appendix 1) be disposed of by freehold disposal to the holder, subject to protective mechanism described below. This land is comprised of approximately 405 ha of improved pasture and winter feed crop, 1595 ha of oversown and topdressed lower hillslopes and downs. The balance (966 ha) is comprised mainly of fescue tussock, browntop, sweet vernal pasture along the upper margin of the proposed freehold.
2.6 Protective mechanism:
A conservation covenant is proposed (under Section 40 (2) (a) CPL Act) over an area of approximately 100 ha (shown coloured yellow on diagram in Appendix 1) to protect the existing high country landscape comprising tall tussockland, native herbs and grasses on steep mountain slopes. This area was included in the proposed freehold due to the proposed boundary fence "A-B-C" being the only feasible line in this vicinity on which a fence could be maintained. A contour fence around the 1100 metre contour was given serious consideration but was found to be impractical due to the mass slipping that occurs on this country and the deeply incised creeks.
3. 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 199&:
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 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 proposal promotes the management of a reviewable land in a way that is ecologically sustainable by removing from domestic grazing and allocating to conservation the large majority of the lease above 1100 metres altitude. This land is dominated by native tall tussock communities, shrublands and alpine vegetation that is unsuitable for ecologically sustainable grazing. Nature conservation is considered an ecologically sustainable use of this land as the native plant communities are largely intact and nutrient and energy flows will be in balance under this use. The area CA2 which is subject to a grazing concession will receive only very limited and intermittent grazing that is unlikely to adversely effect the existing native plant community. Area CA3 has been included in proposed conservation area for reasons of reserve design and to achieve a practical fenced boundary. Grazing will be carried out at a level where adverse impacts on surrounding conservation area are minimal.
The reviewable land capable of economic use is being freed from the management constraints resulting from its present pastoral lease tenure.
The significant inherent values identified within the lease are being protected under this proposal mainly through the retention of the land in Crown ownership and control as conservation area or reserve. An area of approximately 100 ha within proposed freehold is to be protected by way of conservation covenant. It is considered appropriate in this instance as the holder intends running deer within this block and requires a boundary fence be constructed on a line that is not subject to damage from slipping. This has resulted in a freehold boundary being higher than would otherwise have been acceptable with the significant inherent values below the fence being protected by way of a covenant.
The proposal secures public access to areas of important recreation value such as rock climbing in areas R1 and R2 and picnicking in R3. Public access to proposed conservation area CA1 and CA2 can be gained via the Treble Cone Skifield Road and Treble Cone ski area, although this access is presently not available between 1 October and 30 May.
Related Tenure Review Documents (available from LINZ website)
Due diligence report (pdf 3.02MB)
Conservation resources report (pdf 1.26MB)
Proposed designations report (pdf 1.00MB)Fish and Game report (pdf 56KB)
Monday, 14 July 2003
Commissioner of Crown Lands
C/- DTZ (NZ) Limited
P O Box 27
Alexandra
Fax: (03) 448 9099
Submission on Cattle Flat Tenure Review Preliminary Proposal
Due to an abject failure to secure public access to and enjoyment of this reviewable land, Public Access New Zealand opposes implementation of this Preliminary Proposal. The following serious deficiencies must be rectified before tenure review proceeds further,
Failure to secure public access
The objects of Part 2 of the Crown Pastoral Land Act 1998 contain a duty under section 24(c)(i), to "secure public access to and enjoyment of reviewable land". With the exception of the provision of three small recreation reserves with direct access from the Wanaka Mt Aspiring Road, the Preliminary Proposal spectacularly fails to fulfil its duty to secure public access.
With the exception of an existing but obstructed marginal strip along an unnamed branch of the Carmel Burn, there is no provision for public access to the three substantial conservation areas proposed (CA1, CA2, CA3). The obvious need for access up the Treble Cone Road has been ignored. This is despite DOC recommending in their Designations Report that the road be included in the tenure review as "other land". It is absolutely imperative that the road becomes available for year-round public access. There is no reason that a similar arrangement to that on the Rastus Burn, Remarkables skifield road cannot be negotiated - access as or right by vehicle with liability to pay a toll. It is up to the owners of the road if they wish to collect this.
There is also need for foot access to End Peak, along the southern boundary of the property. This option was dismissed in DOC's Designations Report because of an assumption that access up the skifield road would eventuate. Well it hasn't. Therefore this access needs to be resurrected. The southern boundary provides a practical route to the summit. Marginal strips along the banks of the Motatapu River would provide a choice of entry from either of the Motatapu River bridges. This route would provide an interesting and not too energetic tramp down from the skifield. We predict that the availability of access to and from the skifield would make this 'round' trip popular.
Another potential access to the main conservation areas is via the Carmel Burn. However an existing marginal strip on the main branch of the stream, as depicted on SO 20737, Point G, falls short of the proposed conservation area boundary. Additional access provision needs to be made to the boundary of CA3 along a practical alignment for foot traffic.
The Twin Falls are a notable scenic feature from the Mt Aspiring Road and would make an attractive short walk if access were available. Unfortunately an existing marginal strip falls short of the main fall (SO 20737, Point A). Additional access is needed to permit walkers to reach the base of the main, southern, fall.
We find it incomprehensible that no provision has been made for access to the Matukituki River. At the northern boundary of the property the riverbank is only 100 metres from the road, yet no provision has been made. Opposite the entrance to the Big Boggy Reserve, the river is even closer, yet no need for access has been officially perceived. It is an indictment of the tenure review process that such obvious public needs are disregarded. This must be rectified. We submit that either along the northern boundary or opposite the Big Boggy reserve entrance a 20 metre strip is reserved for vehicle access, turning and parking. We recommend that this be dedicated as public road and vested in the Queenstown Lakes District Council, who also see need for this access.
Marginal strips
While we are pleased to find a pastoral lease that actually has marginal strips laid off according to the requirements of the Conservation Act, we are dismayed to find that most of these are obstructed by deer fencing.
According to SO 20737, movable marginal strips exist along Twin Falls Stream and the Carmel Burn. If they were not obstructed by deer lanes and other fencing, these would provide useful foot access to the Motatapu and Matukituki Rivers. There are also fixed position strips along the banks of the latter. By the Crown ignoring these obstructions it is given tacit approval to such, with the likelihood that that they will remain obstructed and unavailable for public use.
We submit that a condition of any tenure review be that all deer fencing is removed across any marginal strips and that longitudinal fences be relocated so as to permit ease of foot passage along either bank. We have no objection to sheep fencing provided styles are erected as required.
As noted above, there are fixed position marginal strips along the Motatapu and Matukituki Rivers. Overlay of cadastral and topographic maps reveals that all the Matukituki strips are in the river, and that part of the Motatapu strip, approximately one kilometre downstream from the Aspiring Road bridge, is in the river. Between the two road bridges substantial sections of marginal strip are not on the current riverbank.
Disposition arising from tenure review will trigger Part IVA of the Conservation Act. This will require the laying off of movable strips along the banks of both rivers where strips do not currently exist. This would lead to a messy mix of movable and fixed strips. It is nonsensical that should occur. DOC has the ability to negotiate exchange of fixed strips for new strips.
We do not accept the DOC line that the exchange provisions of the Conservation Act require the creation of new fixed strips rather than movable strips. This is mere humbug designed to avoid doing anything. The whole scheme of part IVA, since passage, is for the creation of movable strips - there is no ability to create new fixed marginal strips. As rationalising marginal strips is in as much the interest of the landholder as the public, this should not be too difficult to implement, given a will to do so. We so submit.
We do not accept the 'logic' of the LINZ approach that marginal strips have nothing to do with tenure review. It is a matter of major public importance that access to and along rivers is secured. It is also a well-established Crown objective in legislation and policy. Not to ensure that the Crown's interests are properly served during tenure review raises serious questions as to whose interests LINZ is serving.
Recreation reserves
We are pleased to see the provision of three recreation reserves. The one downstream of the Aspiring Road bridge (R3) will meet the most pressing public need, as this area is under intense pressure for picnicking and water-play activities during summer. However we are unsure of the intended boundaries. It should follow the existing fence downstream at least to a corner post near power lines. The full area between the fence and river is needed for public use.
The boundaries of reserve R2 upstream of the bridge are also unclear. A large gravel extraction pit provides the current access however further extraction could remove the last remaining flat area suitable for carparking. The remaining flat at the base of the rock climbing bluffs should be included in the reserve to provide not only parking but also as a pleasant rest area.
We are pleased that another
area (R1) is proposed for a rock climbing recreation reserve and
that existing deer fencing along the road frontage will be removed.
Conclusion
It is an indictment of the tenure
review programme that a mere 9 hectares of recreation reserves
are proposed out of a total of 4585 hectares of Crown land under
review. These are the only lands to be retained in Crown ownership
where the public receives any benefit. That such a poor proposal
could receive LINZ approval indicates that something is seriously
amiss with the programme, and the people dictating its conduct.
Yours faithfully
Bruce Mason
Researcher & Co-Spokesman