This page last modified 27 April 2002
Po 380
Harris Mountains
Otago Land District
Tenure review approved by Commissioner of Crown Lands xxxx
SUBMISSION TO
COMMISSIONER OF CROWN LANDS
Draft Proposal for Tenure Review
ALPHABURN STATION
KF REF: Po380/1
Date of Application: 10 February 1995
(1) EXECUTIVE SUMMARY:
Alphaburn Station is a well developed pastoral lease with frontage onto the south end of Lake Wanaka. Its handy location, good balance of productive land and proximity to high numbers of tourists make it an attractive property.
The conservation interests in this property are large. Not all of these can be met by this proposal. The significant outcomes which have been negotiated are as follows:
(1) 1660 ha of higher altitude snow tussock and bush remnants will become conservation land. Grazing of this area will remain for a fixed period.
(2) A car park will be provided adjacent to Glendhu Bay which will give access to the existing lake shore recreation reserve. This will enable a future formed walkway around the lakeshore.
(3) The very popular Roys Peak walk which is at present an unofficial walkway will be formalised by way of an easement.
(4) A 20 ha area of Scaifes Lagoon of scenic and conservation interest will become conservation land.
(5) A landscape covenant will apply over the mid and upper reaches of the highly visible face below Roys Peak.
(6) Boundaries will be fenced as required involving more than 6000 metres of new fence as well as some repairs.
These proposals are significant additions to public recreation opportunities, preservation of scenic qualities and nature conservation. It will enhance and formalise tourist opportunities in the Wanaka region.
(2) PASTORAL LEASE DETAILS:
Lease Details:
Term: 33 years from 1 July 1984
Expiry: 30 June 2017
Current Rental Value: $600,000
Current Annual Rent: $13,500 plus GST
Area: 4556 hectares
Lessee: DW & VC McRae
(3) RESOURCE REPORTS:
3.1 PROPERTY REPORT:
(a) Rainfall:
700 mm to 874 mm per annum.
(b) Altitude: This ranges from 275 m a s l at the lake shores of Lake Wanaka to maximum height of 1637 metres.
(c) Shelter: Natural contour provides shelter through the majority of the property with a number of planted shelter belts on the flat paddock areas.
(d) Water: Stock water is supplied from natural sources, except for a stock water scheme utilising two plastic tanks feeding twenty troughs on the Downs Block and paddock areas. The house is gravity fed from a nearby creek.
(e) Soils: Soil descriptions have been taken from previous file reports.
Mountain Soils - upland YBE, Dunstan Steepland, Dilston Steepland, Creighton Steepland and Arrow Steepland soils. Parent materials schist and schist detritus. Native vegetation, snow tussock, fescue tussock, bracken fern, manaka, beech forest (in some areas) and sub-alpine shrubs. Natural nutrient status low to very low. Creighton soils may respond to oversowing. Wind, sheet and frost heave erosion, can be severe where natural vegetation is depleted.
Wanaka and Wanaka Hill Soils - YBE intergrade and Paradise soils. Parent material a mixture of greywacke, schist and quartz, with loess in some areas. Natural nutrient status moderate. Good response to sulphur and phosphate. Possible wind sheet erosion if cover depleted.
Shotover Soils - YGE similar to Wanaka soils, but better suited to cultivation with wind breaks.
Fraser Soils - recent soils, stony sandy loam from schist/greywacke alluvium has naturally high nutrient status, susceptible to wind erosion.
(f) Contour:
The property is characterised by significant differences between
the 405 hectares of high producing flat paddocks to the low producing
steep native country area which forms the bulk of the property.
Between this are several areas of rolling and terrace downs which
can be developed into reasonably productive pastures. The lower
altitude parts of the steep hills have been partially developed
from fern, but reversion remains a significant problem.
(g) Land Use Capability:
Derived from Soil and Water Conservation Plan No 285. Land classes
are as follows:
| Class IV | 405 ha |
| Class V | 33 ha |
| Class VI | 1822 ha |
| Class VII | 1888 ha |
| Class VIII | 408 ha |
| Total | 4556 ha |
(h) Snow:
Higher reaches of the property are subject to annual winter snowfalls.
Stock management minimises snow risk.
(i) Zoning:
The operative Queenstown-Lakes Wakatipu combined District Scheme
operative 1 November 1983 is still current for the property. It
zones most of the property Rural B with some higher altitude areas
as Rural C.
Rural B Zone:
Zone Statement - Soils found in this zone have limited cropping value and are suitable for pastoral use. The land in this zone is generally stable hill and high country which form a scenic backdrop to the Rural A zone. It is anticipated that extensive pastoral farming will continue to be the major rural activity in this zone with some commercial forestry.Rural C Zone:
Zone Statement - It is recognised that within the District there is vulnerable high country land which, because of its high susceptibility to erosion cannot generally be used for agricultural purposes or commercial forestry. The Rural C zone has been established to recognise the needs of this vulnerable land and the ordinances have been developed following consultation with interested agencies including the Land Settlement Board and Catchment Authorities. The zone is designed to reinforce the responsibilities and efforts of the various land administering agencies and Catchment Authorities in protecting high country land from further erosion and regulating water runoff.A new Queenstown-Lakes District Council Proposed District Plan was publicly notified on 10 October 1995. This plan will supersede the previous plan when it has completed the public notification/submission process and become operative. In the interim both plans must be considered.
Lower altitude areas (below about 400 m) are zoned as Rural Downlands. Higher areas are zoned Rural Uplands.
The area around the Roys Peak track is designated a Special Recreation Area. The policy is to give special attention to maintaining recreation values associated with peace and tranquility when considering resource consents for regular recreation activities and those associated with mechanised transport, buildings, tracks and road construction.
The front face of Mt Roy and the land between Mt Aspiring Road and Lake Wanaka is designated as an area of landscape importance. This restricts earthworks, tree planting and buildings.
(j) General:
Alphaburn formed one half of Glendhu Station before it was split
in two in 1989, but had been farmed as a separate entity for sometime
before that. Alphaburn is a strong well balanced unit having considerable
potential for further development both for pastoral purposes and
for other commercial uses. The property has 5500m of lake frontage
and is situated on a road with high tourist numbers.
It is located 12 kms from Wanaka on the Mount Aspiring Road with the house sited up a long drive opposite the well known Glendhu Bay Motor Camp. Wanaka is the main service town and has both primary and secondary schools. There is a school bus but no mail delivery.
Cover consists of 168 ha of good pastures or winter feed a further 218 ha of fair pasture on the terrace and downlands and 1762 ha of oversown and topdressed tussock and fern. The remainder is unimproved steep native tussock and rock face.
Fertiliser application is normally 100 tonnes per year but this has varied from 50 to 150 tonnes.
Weeds consist of fern and sweet briar. Rabbits are an ongoing problem.
Improvements on the property are very good with a full range of buildings. There is intensive subdivision including a small area deer fenced and good tracking.
(k) Production:
As at June 1994 the property was carrying 9100 merino sheep, 635
Hereford cattle and 140 deer. This equates to around 10600 su.
Performance - lambing averages 85% to 90% with calving 90% to
95% and fawning at 95% plus. Wool production is around 4.4 kgs
per sheep and stock deaths are minimal. The policy is to fatten
all lambs and cattle.
3.2 CONSERVATION RESOURCES REPORT - SUMMARY:
Tenure review on Alphaburn should recognise the following:
(1) The principal conservation values are contained in the Fern Burn and Alphaburn catchments - some 1500 ha. This includes the beech forest remnants and kanuka in the lower Fern Burn and the high snow tussock grasslands in the upper catchments under Mount Alpha and Roys Peak.
(2) An area around Scaifes Lagoon is of conservation interest, with the wetland vegetation and surrounding regenerating shrubland being of ecological importance.
(3) Two areas on the Wanaka foreshore - one at Damper Bay (46 ha) and the other near Glendhu Bay (5 ha) are of conservation interest. The Damper Bay area has remnant lakeshore vegetation and recreational opportunities, while the smaller area near Glendhu Bay could provide better picnicking and car parking opportunities, as well as being an exit/entry point for a possible lakeside track.
(4) Public access is necessary into any conservation area, reserve and marginal strip. Agreements are necessary to formalise any access proposal. Key areas of possible access are as follows:
(a) Public access over the formed track to Roys Peak is desirable.
(b) Access from the Mount Aspiring road along this Glendhu boundary to Lake Wanaka is desirable.
(c) Foot access to Damper Bay for boating and picnicking is desirable, while vehicle access may be necessary in the longer term.
(d) Foot access up the Fern Burn from the Motatapu road is desirable to provide access to the upper catchment.
(5) A landscape covenant is desirable over part of the Wanaka faces under Mount Roy and the area between the Mount Aspiring road and Lake Wanaka from Damper Bay to Glendhu Bay. This could ensure that the highly visible and sensitive areas are protected from the adverse effects of forestry, subdivision or tourist development.
3.3 MINERAL RESOURCES:
There are no known mineral resources on the property and no mining sites are evident.
3.4 TOURISM RESOURCES:
Being located 12 kms from Wanaka on the Mount Aspiring road, high tourist numbers pass this property. Tourist are generally heading for the Glendhu Bay Motor Camp, the Treble Cone Ski-field in the Matukituki Valley or Mount Aspiring National Park which is accessed from the end of the road.
The walk to the top of Roys Peak from the Mount Aspiring Road is a substantial tourist attraction located on Alphaburn. Over 11000 people used this unofficial walkway last year and numbers are growing.
The property lends itself to a number of tourist enterprises due to its location. It has approximately 5.5 kms of Lake Wanaka frontage and high profile mountain slopes providing fantastic views over the lake and surrounding mountains.
No commercial tourist enterprises have utilised the property in any significant way to date, however there remain possibilities for the future.
3.5 FORESTRY RESOURCES:
Soil and Water Conservation Plan No 285 proposed 2 kms of windbreak to be planted. These were established with Govrnment subsidy. Trees grow well in this area however forestry is unlikely to become a dominant use. Distance from a port, landscape considerations and existing land use would prohibit this.
The valley forming the lower end of the Fern Burn (Jack Halls Creek) has been planted recently in Douglas Fir. The Commissioner of Crown Lands has consented to the planting of 40 ha of this in forestry.
(4) PUBLIC CONSULTATION:
NGO CONSULTATION:
An early warning meeting with non Governmental organisations took place on the 2 August 1995.
Points raised of this meeting were:
(a) Marginal strips reserved under Section 58 of the Land Act 1948 should be changed to marginal strips under Section 24 of the Conservation Act 1987.
(b) Landscape protection was seen as a major issue.
(c) Bush remnants should be protected and form part of the conservation land.
(d) Ranunculus royi is found on Mount Roy. ( Flora of New Zealand Volume 1, notes that its distribution is in the South island on moist montane grassland on Mount Roy, Lake Wanaka).
4.2 NGAI TAHU CONSULTATION:
The Te Runanga Ngai Tahu representative, Mr Trevor Howse, inspected the property on 27 April 1995. There were no particular sites of interest discussed at this inspection. Te Runanga Ngai Tahu will report directly to the Office of Crown Lands regarding any Iwi cultural interests when requested.
(5) DISCUSSION AND JUSTIFICATION:
A Conservation Resources report for Alphaburn, was provided to Knight Frank and the lessee in mid 1995 by the Department of Conservation. This formed the basis of discussion from which this draft proposal has been developed.
That Department of Conservation's interest in this property is extensive. In the tenure exchange process such a large number of conservation objectives is unlikely to be negotiated in total. The negotiations to date have concluded with the essential elements of the conservation resources report intact.
On 12 October 1995 Knight Frank (NZ) Limited received the lessees response to the Conservation Resources report. This response covered a wide range of issues and was seen by us as a negotiating stance rather than a document that should be included in this proposal.
We will discuss the Department of Conservation's proposed outcomes in relation to the draft outcome of the tenure review. A map is attached which shows these recommendations and the results of our negotiations.
5.1 DOC RECOMMENDATIONS/PROPOSED OUTCOMES:
The Department of Conservation have submitted that the tenure review on Alphaburn should recognise the following:
(1) The principal conservation values contained in the Fern Burn and Alphaburn catchments - some 1500 ha. This includes the beech forest remnants and kanuka in the lower Fern Burn and the high snow tussock grasslands in the upper catchments under Mount Alpha and Roys Peak.
Comment:
The area and boundaries of proposed Conservation Estate have remained relatively unchanged. The higher altitude areas and those less suited to grazing and modification by oversowing and topdressing have been retained as Conservation Estate.This is a significantly large area of approximately 1660 ha out of the total property area of 4500 ha. The loss of high country grazing on the unimproved land within this area was strongly opposed by the lessees. In their opinion the strong nature of the country and the low grazing pressure mean that stock have had little detrimental impact on the vegetation. There is considerable scientific debate about the sustainability of grazing unimproved high country. In this instance the land is mainly strong sunny country well suited to low levels of grazing. There should be no detrimental effects from the existing level of grazing in the short to medium term.
The impact of losing the high country on the way of life of a high country farmer is a major issue for the lessees.
In order to reach a compromise solution it was agreed that a grazing permit to provide limited low impact grazing would be given over this area. I will be grazed at current stocking rate levels but that it would be a non-renewable term, of 15 years. The limitation will be 300 wethers for 9 months at a cost of $4/su to be paid only if used (or $100/annum whichever is greater).
This will leave the remaining land to be freeholded. All but small areas of the proposed freehold are suitable for improvement by cultivation or OSTD and can be reclassified under the provisions of Section 51 of the Land Act 1948.
(2) An area around Scaifes Lagoon is of conservation interest, with the wetland vegetation and surrounding regenerating shrubland being of ecological importance.
Comment:
It is proposed that Scaifes Lagoon becomes conservation land (approximately 20 ha). This area will include the lagoon, wetland and the most significant parts of the regenerating shrubland at the rear forming a backdrop. Some enhancement of this may be useful to speed up reversion to native shrubland.The pasture areas adjacent to the road will be excluded with a fence approximately 10 metres from the lake margin. It will cross the flat on the western end of the lake and take in most of the shrubland to the north. The fence will traverse the face below the skyline and terminate at a bluff halfway along the lake. The eastern end will be fenced from this bluff at a low level to exclude stock from the wetland and to join an existing fence to the east.
(3) Two areas on the Wanaka foreshore - one at Damper Bay (46 ha) and the other near Glendhu Bay (5 ha) are of conservation interest. The Damper Bay area has remnant lakeshore vegetation and recreational opportunities, while the smaller area near Glendhu Bay could provide better picnicking and car parking opportunities, as well as being an exit/entry point for a possible lakeside track.
Comment:
The area in Damper Bay is not part of this proposal because it was not acceptable to the lessees however there is an existing recreation reserve strip around the lakeshore which allows for public access and recreation.The area at Glendhu Bay forms part of this proposal and will provide for car parking and recreation opportunities. The area will be considerably smaller than originally proposed. It will start from the corner of the sheep yards next to the road and form a triangular segment to a willow tree on the lake shore (in line with single post).
(4) Public access is necessary into any conservation area, reserve and marginal strip. Agreements are necessary to formalise any access proposal. Key areas of possible access are as follows:
(a) Public access over the formed track to Roys Peak is desirable.
Comment:
A 365 day access would be desirable however this would significantly affect the lessee at lambing time. About 1000 Merino ewes are lambed adjacent to this track and mis mothering would create significant lamb losses if walkers were allowed access.The proposal is to close the access for 5 weeks from October and November each year.
(b) Access from the Mount Aspiring road along this Alphaburn boundary to Lake Wanaka is desirable.
Comment:
No access could be negotiated. Alternate routes including a nearby unformed legal road would provide an adequate alternative.(c) Foot access to Damper Bay for boating and picnicking is desirable, while vehicle access may be necessary in the longer term.
Comment:
This has been removed from the proposal. It would have significant impacts on the farming use and possible future uses in this locality.(d) Foot access up the Fern Burn from the Motatapu road is desirable to provide access to the upper catchment.
Comment:
We were not able to negotiate access at this point. There will however be a marginal strip laid off along the Fern Burn (Jack Halls Creek) which may or may not be a practical accessway.
(5) A landscape covenant is desirable over part of the Wanaka faces under Mount Roy and the area between the Mount Aspiring road and Lake Wanaka from Damper Bay to Glendhu Bay. This could ensure that the highly visible and sensitive areas are protected from the adverse effects of forestry, subdivision or tourist development.
Comment:
The Queenstown-Lakes District Council Proposed District Plan also identifies these areas as being of high landscape importance. This plan has been subject to many submissions which will take considerable time-for them to work through. We must wait and see whether or not the landscape protection on Alphaburn is retained.To ensure that some landscape protection is retained in perpetuity, a landscape covenant area of approximately 840 ha has been agreed which will cover the hill above Mount Aspiring Road. This will encompass all those higher areas above the 400m contour that are most visible. The Mt Aspiring road to Lake Wanaka area is not part of the proposal. The area below the 400 m contour on the hill face will not have the restrictions of the covenant and are less important from a landscape aspect.
(6) Fencing is required in a number of areas (additional to DOC proposal).
(a) The south western corner of the proposed DOC estate is unfenced will require approximately 3.0 kms of new warratah and wire fence.
(b) A portion of DOC boundary adjacent to the Alpha Burn will require approximately 200 metres of new warratah and wire fences.
(c) A 200 metre length of fence is required next to the Mt Roy track reduce impacts of people on stock.
(d) Approximately 100 metres of new fence is required adjacent Glendhu Bay for a car park.
(e) Scaife's lagoon will need approximately 1.5 kms of new fences.
(f) To assist with parking approximately 50 metres of fence at the bottom of the Mt Roy track will be re-aligned.
(g) Some small areas of boundary fence repair will be required.
(h) Approximately 1 km of renewal of fence in the Coromandel block.
The total new fence distance is approximately 6050 metres plus repairs.
(6) RECOMMENDATIONS:
(1) That an area of approximately 1660 ha (subject to survey) being the higher altitude areas of the property become conservation land under Conservation Act 1987.
(2) That conservation land above become subject to a 15 year grazing permit under Section 68a of the Land Act 1948. There will be no renewal.
(3) An easement is to be created in favour of the Department of Conservation for the purpose of a public walkway up the existing track to proposed conservation land on Roys Peak. A car park area is to be created.
This easement will contain restrictions of no dogs, no guns and no motorised vehicles.
(4) An area of approximately 20 ha (subject to survey) of Scaifes Lagoon and backdrop will become conservation land under the Conservation Act 1987.
(5) A landscape covenant over approximately 840 ha of freehold land below Roys Peak under Section 77 of the Reserves Act 1977 will take effect above the 400 metre above sea level line.
(6) The remainder of the property being approximately 2876 ha is suitable for re-classification and should re-classified under Section 51 of the Land Act 1948 into farm land and preferentially allocated to D W and V C McRae as freehold land.
(7) That a small car park area will be set aside next to Glendhu Bay.
(8) Fencing will be required in a number of areas and will be paid for by the lessee by way of deduction from the cost of freeholding.
BIBLIOGRAPHY
(1) Soil & Water Conservation Plan No 285. Otago Catchment Board:
(2) Flora of New Zealand, Volume I. H H Allan
(3) (Alphaburn Pastoral Lease). Current and historical files for Po380
(4) Proposed District Plan publicly notified 10 October 1995. Queenstown-Lakes District Council
(5) Lakes-Queenstown Valuation combined District Scheme operative I November 1983.
ALPHA BURN STATION
CONSERVATION RESOURCES REPORT
INTRODUCTION
This report covers Alpha Burn Station (4519 ha) which is leased by D and V McRae of Wanaka. This property is situated 12 km from Wanaka in Glendhu Bay. Alpha Burn Station covers the land on either side of the Mount Aspiring Road from Damper Bay to Glendhu Bay, as well as the hill slopes of Roys Peak. The remaining portion of the property includes flats and terraces adjacent to the Motatapu road and the steep hill slopes of the Mount Alpha Range. Alpha Burn adjoins Spotts Creek and Hillend Stations which are further advanced in the tenure change process.
ECOLOGICAL VALUES
Alpha Burn Station lies within the Wanaka Ecological District as part of the broader Lakes Ecological Region. No comprehensive Protected Natural Areas Programme survey has been carried out in the ecological district. However a variety of specialists have visited this and adjoining properties and have been able to assess it's conservation values.
Alpha Burn is contiguous with Spotts Creek and Hillend Stations and has similar vegetation patterns. Below the 1100 m contour of Roys Peak and the broad faces above the homestead, the majority of the land has changed from tussock grassland to largely improved or semi-improved pasture grasses. These areas have all been OSTD at various stages. A bracken belt still exists to 700 m along some of the steeper front faces. The flats and terraces around the homestead and Fern Burn are now developed farmland, with some 200 ha having been cultivated.
Below the 1100 m contour the main areas of conservation interest are the lakeside vegetation around Damper Bay, Scaifes Lagoon near Glendhu Bay, and beech forest remnants in the catchments of the Alpha Burn and eastern catchments of the Fern Burn. A small patch of beech forest also exists in a small gully above the homestead.
The beech forest at the entrance to the Fern Burn is the most significant of the beech remnants. This beech forest extends for approximately 1500 m up-stream and covers the valley bottom as well as continuing for a considerable distance up the hill slopes. This forest is a mixture of predominantly silver beech Nothofagus menziesii, mountain beech N. solandri var. cliffortioides and some red beech N. fusca. The understorey is typical of these remnants, being largely non-existent apart from a few fern species and the occasional Coprosma spp. The bush margin is a mix of kanuka Kunzea ericoides, Coprosma rugosa, C. parviflora, C. propinqua, C. Iucida, koromiko, Hebe salicifolia,
Olearia odorata, O. bullata and young horoeka Pseudopanax crassifolius. Above this the shrubby community gives way to briar, bracken and fescue tussock grassland. The escarpment of the lower Fern Burn is fenced for the majority of its length and it highly variable with pockets of manuka, Leptospermum scoparium, bracken, kohaku, Pittosporum tenuifolium and tall rank pasture grass.
Above the beech forest the shrubland persists alongside the creek margins in the main Fern Bum as well as its tributaries. This shrubland community also contains ribbonwood Hoheria Iyallii, with patches of Dracophyllum uniflorum and D. Iongifolium. Above the creek bed the slopes are a mixture of fescue tussock grassland, brown top, sweet vernal with scattered narrow-leaved snow tussock Chionochloa rigida which slowly increases in density and vigour with altitude or is more vigorous on the shady slopes. Hawkweed Hieracium lepidulum persists on the lower slopes and around the forest margins. Beech forest persists in tributaries of the Fern Burn and some patches extend to 900 m which was probably the natural tree line in the region.
Above 1100 m, C. rigida increases and blue tussock becomes a component of the grassland, along with Celmisia viscosa, C. Iyallii, Pimelea spp, Leucopogon fraseri and Aciphylla ...
This zone is predominantly natural except for the occasional knob where stock camp and a range of exotic species persist.
The vegetation around Damper Bay is mainly manuka which extends as a grove around the eastern part of the bay out on to the point. Briar and matagouri are also a component of this vegetation. West of Damper Bay is a small lagoon locally known as Scaifes Lagoon. This lagoon of raupo Typha orientalis and open water is one of the few remaining wetlands in the area. Although modified aroumd the margins, protection would allow the remaining wetland communities to recover as well as provide useful wildlife habitat. A steep escarpment surrounding the lake to the north contains shrubland communities in amongst the bracken that could in time become a forested backdrop to the lake
Fauna
No distinctive or rare fauna is known from the area. The bush remnants host grey warblers, bellbirds and fantails the shrublamd finches and silvereyes, and the open tops skylarks, pipits and the NZ falcon.
Plant Pests
Alpha Burn Station has the usual assemblage of weeds that are
a problem from a farming perspective. Briar and bracken occur
at the lower altitudes to about 900 m on the undeveloped land.
Hawkweed is present at the lower altitudes but not as extensive
mats.
Landscape
This landscape report for Alpha Burn Station comprises a broad description of landscape character and a description of visual and scenic values.
Landscape Character
The property is broken into three landscape types for the purpose of description:
1. lakeside between Mount Aspiring road and the lake;
2. steep mountain slopes; and
3. Fernburn escarpment, adjacent downland and flats.
1. Lakeside
The area below Mount Aspiring road is "lumpy", ice-worn topography dispersed with low-lying alluvial flats, typical of many areas around the lake. The vegetation cover is pasture grasses, short tussock, scattered manuka, briar and matagouri. Remnant lakeshore vegetation and a large patch of manuka at Damper Bay are significant landscape features.
Scaifes Lagoon is also an important feature and wetland, and retains shrubland and communities on the surrounding escarpment.
Remnant manuka is important to the landscape character within the lakeside landscape type.
2. Steep Mountain Slopes
North and west slopes rising up to Roys Peak and Mount Alpha. The faces are steep glaciated slopes with scattered rocky bluffs and extensive bracken up to about 700 m grading into snow tussock and blue tussock higher up. Beech forest occurs in tributaries of the Fernburn. Some wilding pines occur at the base of slopes and is likely to increase unless checked.
3. Fernburn Escarpment. Adjacent Downlands and Flats
The Fernburn escarpment and adjoining terraces are a dominant landform feature behind Glendhu Bay. The escarpment supports strong regeneration of mainly manuka and bracken but also other shrubland.
The lowland flats are extensively developed with shelterbelts and cultivated land. intermediate land (referred to here as downlands) between the flats and mountain slopes is rolling landform OSTD but retaining a native component of short tussock and bracken.
An extensive area of beech forest occurs at the head of the Fernburn and is actively regenerating.
Visual and Scenic Values
The whole of Alpha Burn Station contains very high visual and scenic values and is within am area that is renowned for outstanding scenic values.
The lake faces of Roys Peak are an important landmark and backdrop view to Wanaka and the surrounding area.
Below Mount Aspiring road the characteristic lumpy topography and remnant manuka form important foreground views to Lake Wanaka and surrounding mountains. The indigenous vegetation contained within the Fernburn tributaries and escarpment forms a strong landscape pattern and serves to visually link the mountainlands with the lake.
Much of Alpha Burn Station is highly visible from the lake and public roads and vulnerable to insensitive alteration such as tracking and structures.
RECREATION
Legal Access
This property has only the legal formed public Mount Aspiring and Motatapu Road passing through it, or along its boundary. The Wanaka foreshore has a 20 m recreation reserve vested in Queenstown Lakes District Council running from Damper Bay to Glendhu Bay. No marginal strips exist on the Fern Burn or Alpha Burn currently..
Existing/Proposed Recreational Use
Roys Peak is the main focus of current recreational use on the property and attracts over 11,000 people per year over an unofficial walkway. This access route, if formalised, will link with proposed formal access that is expected to be implemented on the adjoining Hillend and Spotts Creek Stations that are currently in the tenure review process. Currently this track is closed from I October to 10 November because the lessee does not wish the general public to disturb stock during the lambing period.
The Wanaka foreshore also attracts some public use but places such as Damper Bay are landlocked and are only accessible by boat.
It is desirable that this tenure review exercise formalise existing public access. The Roys Peak access should be formalised under an easement that ideally allows for all year round public access. This access route would link up with the Mount Alpha access out of Spotts Creek via the adjoining properties.
For many years there has been discussion on a proposed walking track from the Wanaka township around the Lake Wanaka foreshore to Glendhu Bay. This track has been developed to the Alpha Burn pastoral lease boundary. This tenure review exercise should enable the track to continue from its present end point to Glendhu Bay via Damper Bay. While the foreshore east of Damper Bay is steep and rugged, a suitable track could be constructed over the headland to Damper Bay. From here, the track could lie wholly within the existing recreation reserve. Access from the Mount Aspiring Road to Damper Bay is also desirable.
The foreshore of Glendhu Bay outside of the existing camp ground is a very popular spot and often crowded. It would be highly desirable to extend the existing recreation reserve where the road touches the lakeshore at the Mount Aspiring viewpoint, so that a larger public reserve is available for picnicking and boating and this area would also provide an entry/exit point for the lakeshore walk.
Through probable tenure exchange deals on this and adjoining properties, some 4500 ha could become conservation land.. While access will be available from key access points elsewhere, it is desirable to provide walking access into this area from an alternative direction. The Fern Burn is am obvious and attractive route. The Fern Burn crosses the Motatapu Road and could provide am easy access point. This route m the confines of the Fern Burn should not be disruptive to stock and could provide direct access to the beech forest in the Fern Burn. From here any proposed track could climb up on a terrace and link up with am old, disused farm track running up the valley From the end of this track, the side creeks or ridges could be used to enable public access into the proposed conservation land. This access route may m time become a popular short day walk as the beech forest is a focal point and the bluffs and rock formations in the area are spectacular.
Public access from the Mount Aspiring Road to the wetland area of Scaifes Lagoon should be possible under this proposal. Foot access is also considered desirable to link the Roys Peak Track with the existing Wanaka foreshore track. This would allow walkers from Wanaka to walk via the existing track rather than use the Mount Aspiring Road, as many tend to do currently While a direct route through from the Roys Peak Track is desirable it may not be achievable in the short term. It is therefore desirable to keep the option open so that at least a route cam be established even if it is not implemented immediately.
HISTORIC
Maori Occupation
The area around Glendhu and Alpha Burn Pastoral Leases was occupied by the people based in the lower Waitaki during the early and late historic period. Early in the 18th century the Waitaha had occupied the area, but left after a battle with the Ngai Tahu. This battle took place at the traditional settlement of Parakarehu, which was based in the vicinity of Glendhu Bay.
This area was abandoned in 1836 after Te Puoho raiding party swept through the area. Prior to this period it is thought that some 20 people may have occupied the settlements around Wanaka and Hawea. When the first Europeans moved in the area there were no maori occupying the area.
Evidence of Maori occupation of Alpha Burn is scarce and the only known find was a patu or club which was found at Damper Bay many years ago.
European History
The first Europeans arrived in the area in 1853 and 1859. The land was occupied by John Roy who created the large Wanaka Run, which included the Alpha Burn and Glendhu Station. Falling wool prices and a rabbit plague led to the Lake Wanaka Rum being subdivided into smaller rums in the 1880s. In 1897 Glendhu Station was formed and farmed by Henry Barker and later by W A Scaife & Sons in 1908, in conjunction with West Wanaka.
In 1928 Glendhu was separated from West Wanaka, and in more recent times, Glendhu was subdivided into two, creating the Alpha Burn Pastoral Lease.
No physical remains of historic sites of European origin are known to occur on this run.
MANAGEMENT CONSIDERATIONS
Fencing
New fencing will be required to protect some conservation features. This will be mainly around the smaller areas. The surrounds of Scaifes Lagoon would require fencing for protection and the roadside fence could be removed. A short fence would be required to effectively manage the 5 ha m Glendhu Bay area - this could allow for the establishment of public recreation facilities. This fence would also protect a small stream outlet draining from Scaifes Lagoon into Lake Wanaka. It would also be desirable to lane fence public access into Damper Bay.
Existing fences could be utilised around the Damper Bay area and the headland. Fences exist on either side of the Fern Burn along the edge of the escarpment and these could be utilised to provide protection for this area. Further up the valley new fencing would be required to protect the beech forest on the true left bank of the Fern Burn. This fence could be erected on or near the existing track up the valley. Some minor fencing adjustments along the faces above the homestead blocks may be necessary to ensure that only land of conservation value is incorporated into the DOC estate.
Recreation
The access points would need to be identified by signs, stiles and markers. Extension of the lakeside track will require planning and development, but could become a major recreational asset in the future. Damper Bay currently has a bach located within the area of proposed conservation interest. The future of this will need to be considered as part of this process. The easement from the Mount Aspiring road to Damper Bay would be initially developed as a non-vehicular easement, but in the future this may change to vehicular access as future demands change. Damper Bay itself will require toilets along with a roadside car park. The latter may also need to be developed as part of the 5 ha in Glendhu Bay and at the start of Roys Peak Track. The wetland area around Scaifes Lagoon has possibilities for picnicking, interpretation and track development that could be implemented as the need arises. The recreational potential on Alpha Burn will complement the other proposals on the adjoining properties and provide a variety of recreational opportunities close to a local township that are not often available.
Landscape Protection
A landscape covenant over any proposed freehold land viewed
from Mount Aspiring Road to the Wanaka foreshore will assist in
ensuring development is m sympathy with the landscape character.
It will in effect ensure that farming can continue into the future,
but subdivision for lifestyle units, tourist development or afforestation
should be ruled out. Landscape protection over the Wanaka faces
below Roys Peak is highly desirable and restrictions should ensure
that any new works are handled sensitively.
-------------------
Added 1999 -
DOC REPORT ON TENURE REVIEW OF ALPHABURN
PASTORAL LEASE (P380) UNDER PART 2 CROWN PASTORAL LAND ACT
PART IV RECOMMENDATIONS AND JUSTIFICATION
PART 4 (FOR OFFICIAL USE ONLY)
RECOMMENDATIONS AND JUSTIFICATION
4.1 Recommendations
4.1.1 That the proposals described below be submitted to the
CCL's Agent, during the
consultation process on the preliminary proposal for this tenure
review, as
representing the views developed under delegated authority from
the Director-
General of Conservation. [Note that additional proposals, developed
after the
initial report is written, may also be put forward at the consultation
stage.]
4.1.2 Note that statutory consents will be required before the
CCL can include the
following proposals in the preliminary proposal for this tenure
review: 4.2.5.1,
4.2.5.2 and 4.2.5.3.
4.1.3 Note that any disposition of land by the Crown will be
subject to the relevant
provisions of Part IVA Conservation Act.
4.2 Proposals and Justification
4.2.1 Land to be Restored to Full Crown Ownership an Control
4 2.1.1
Name: Alphaburn Tops
Existing Status: Pastoral Lease
A uth ority: s.35(2)(a) (i) CPLA
Proposal: That an area of approximately 1850 hectares ranging
from 400 m in the lower Fern Burn to 1637 m be designated as a
Conservation Area under DOC management.
Description: The proposal includes most land on the property
Iying above 1000m and lands of lesser altitude in the Fern Burn.
Alpha Burn and an unnamed creek to the north west of Roys Peak.
To the south, the area bounds land which is transferring to the
conservation estate following completion of tenure reviews on
neighbouring properties (Hillend and Spotts Creek). Elsewhere,
except for a short boundary with Motutapu pastoral lease to the
south, the area bounds land of limited inherent values on Alphaburn
Station.
Much of the area comprises steep country with numerous rocky bluff
systems dissected by a series of steep gorges which flow to the
north west.
Vegetation cover comprises mixed regenerating shrublands, beech
forest, tussockland-q and alpine communities.
Justification: The land is characterised by areas that
have the following significant inherent values:
Significant Inherent Values Associated with Natural Resources
The proposal contributes to the natural landscape character of the Wanaka Ecological District. It forms a physical linkage and a biological corridor with adjoining lands which are transferring to the public conservation estate and assists with retention of the districts landscape integrity.
While the Wanaka Ecological District has not been subject to a Protected Natural Areas Program survey, the proposal ranks between medium and high for 6 out of 7 criteria used for assessing the conservation value of a natural area. These criteria and approximate rankings are as follows:
Representativeness: HIGH
Diversity: MEDIUM
Rarity: HIGH
Naturalness: HIGH
Long Term Ecological Viability: HIGH
Size and Shape: MEDIUM TO HIGH
Buffering, Surrounding Landscape and Boundaries MEDIUM
In January 1999, 6 specimens of a new gecko species were discovered on the summit of Mount Roy. Specimens were sent to a gecko taxonomist at Victoria University who confirmed them to be an undescribed species related to the forest gecko (Hoplodactylus granulatus). Results from DNA analysis are not available at this time. It has long been a mystery why forest geckos and sister species are absent from the Catlins in Otago right through the rain shadow areas of the South Island Main Divide. The discovery of the Mount Roy gecko in this area is therefore a major herpetological find.
Diverse mixed shrublands in the lower reaches of the Fern Burn contain a range of species largely eliminated from this part of the Wanaka Ecological District through agricultural development. A single Olearia hectorii, a Category A threatened species (Molloy & Davis 1994) is present at GR 91' 032 (NZMS F40). Further searching may locate additional plants. This is a new record for this species.
The addition of this area to other contiguous areas designated for protection under approved tenure reviews on Spotts Creek and Hillend pastoral leases will form a protected area in excess of 4750 ha. This creates a moderate sized protected natural area which confers conservation benefits associated with large tracts of land subject to little unnatural disturbance. Increasing the area of protected land creates an enhanced buffer zone, forms important biological linkages and enhances the viability the area.
Significant Inherent Values Associated with Recreational Resources
An unofficial walkway which gives access to Mount Roy which is within the proposed conservation area attracts some 11,000 visitors annually. From this point experienced trampers or hunters have the opportunity to explore a series of spectacular alpine basins. There are possibilities for completing a through trip to the Motutapu Road via the Fern Burn.
Management and Boundary Issues:
(a) Fencing: The proposed boundary has been adopted as it: (i) Minimises the requirement for new fencing (ii) Is the only practical fenceline for most of the area. Only 200 m of new fencing (estimate) will be required. A further 1 km of existing fence on the northern boundary requires replacement. Although fencing is poor to non existent along the upper boundary, this line bounds lands which are transferring to the public conservation estate following completion of tenure reviews on neighbouring properties. Unfenced sections of the proposed boundary comprise natural stock barriers. In order to achieve a stock proof boundary approximately 300 ha of semi modified land of only moderate inherent values is included within the proposed conservation area. Failure to adopt this line would result in a boundary which is impractical to fence, resulting in inevitable future stock trespass problems onto adjoining conservation lands.
(b) Grazing: Subject to fencing issues being resolved satisfactorily, the area should be destocked at completion of this tenure review.
(c) Problem Animals. A small and fluctuating deer population utilise-q the area. There is evidence of a substantial chamois population at some high altitude sites. Quite high numbers of goats periodically utilise the area. These animals are subject to an ongoing control operation by DOC which involves the conservation estate and neighbouring pastoral lands. Hares represent a minor problem. Possums are present in low numbers. Rabbits are not a significant problem.
(d) Weeds. With the exception of several wilding pines which should be removed as soon as practicable, the area contains no known weeds which require control.
4.2.1.2 Name: Scaifes Lagoon
Existing Status: Pastoral Lease
Authority: s.35(2)(a) (ii) CPLA
Proposal: To restore approximately 20 hectares of land
to the east of Glendhu Bay to full Crown ownership as a government
purpose reserve under Section 22(2) of the Reserves Act 1977 under
DOC administration as a Wildlife Management Area.
Description: The proposal includes a small wetland lying
to the east of Glendhu Bay and immediately below the Wanaka -Mount
Aspiring Road. The wetland occupies a small depression beneath
a large ice worn schist outcrop. Public access will be available
directly from the road margin.
Justification: The land contains features which sustain
the special natural quality and integrity of the high country
landscape and therefore has significant inherent values.
In terms of the CPLA, the land is characterised by having the following significant inherent values:
Significant Inherent Values Associated with Natural Resources
The proposal contributes to the natural landscape character of the Wanaka Ecological District. The wetland is located in an area which has mostly been developed into productive farmland. The wetland and backdrop of native shrublands is an attractive feature from the well used Wanaka Mount Aspiring Road.
While the Wanaka Ecological District has not been subject to a Protected Natural Areas Program survey, the area ranks between medium and high for most criteria used for assessing the conservation value of a natural area. These criteria and approximate rankings are as follows:
Representativeness: HIGH
Diversity: LOW-MEDIUM
Rarity: HIGH
Naturalness: LOW-MEDIUM
Long Term Ecological Viability: MEDIUM-HIGH
Size and Shape: MEDIUM TO HIGH
Buffering, Surrounding Landscape and Boundaries: MEDIUM
There is a long history of wetland modification in New Zealand. Only 8% of pre European lowland wetlands now remain. Wetlands now occupy less than 2% of the total land area of New Zealand. Drainage continues today. 14% of remaining lowland wetlands in the North Island were drained between 1979 and 1983. New Zealand as a signatory of the RAMSAR convention has an obligation to protect remaining viable wetlands.
Significant Inherent Values Associated with Recreational Resources
Scaifes Lagoon has historically received moderate levels of use by gamebird hunters.
Significant Inherent Values Associated with Historic Places and Cultural Resources
The presence of moa bones was revealed during road construction in 1965. Moa bones are preserved in a peat at a depth of approximately 2m along with the bones of small birds, branches and leaves of trees and shrubs and land snails. The preserved gizzard stones of the moa provides evidence of the birds diet. Undoubtedly the rest of the peat swamp surrounding the lagoon contains similar deposits of faunal and flora material and therefore represents a valuable resource for future studies of moa ecology and the Holocene environment.
Management and Boundary Issues
(a) Proposed Fencing: Approximately 1500 m of new fencing is required to exclude stock from the wetland.
(b) Grazing: The wetland should be destocked at completion of this tenure review and associated fencing.
(c) Problem Animals. Some possums are likely to inhabit the area. Co-operation on control with the adjoining land owner may be necessary at some time in the future.
(d) Weeds. A significant portion of the flora in and around the wetland is exotic. In the short to medium term in the absence of a restoration project weed control is only necessary to the extent that it would protect or enhance wildlife values. Some control of briar may be necessary on the drier margins; elsewhere it is unlikely to increase its present cover.
(e) Hunting. There us likely to be continued demand for gamebird hunting in the wetland. This will require hunting permits to be issued.
4.2.1.3 Name: Addition to Damper Bay Lakeside Recreation Reserve.
Existing Status: Pastoral Lease
Authority: (s.35(2)(a) CPLA
Proposal: That an area of approximately 1 hectare be added to he Damper Bay Recreation Reserve. It is proposed that this area will be vested with the Queenstown Lakes District Council when the balance of the reserve transfers to the jurisdiction of that organisation.
The purpose of the proposal is to protect an area of manuka shrubland which contributes to the natural character of the Wanaka Ecological District and to facilitate recreational use of that setting.
Description: The shrubland adjoins a lakeside Recreation Reserve (20 m wide reserve in lieu of marginal strip) which is currently in the process of being vested with the QLDC. The shrubland is on flat land set back from Damper Bay which has not been cultivated.
Justification: This small remnant of native vegetation has persisted despite surrounding lands being developed into productive farmland. The remnant provides an attractive natural component to a landscape which is otherwise pastoral. The close proximity of the shrubland to Lake Wanaka and the Damper Bay Recreation reserve enhances the shrublands aesthetic and recreational importance.
In terms of the CPLA the area is of significant inherent value as it:
Management and Boundary issues: Principal threats to the shrubland comprise deliberate clearance through fire or mechanical means. The shrubland appears to have survived and regenerated despite the absence of fences or natural barriers to stock. The area does not contain weeds of threat to its conservation values. Problem animals do not pose a serious threat to this vegetation type. Fencing of the area is not considered a priority.
Future management issues will be addressed by the Queenstown Lakes District Council if this proposal is achieved.
ATTACHMENT: TERMS AND CONDITIONS
4.2.2 Land to be Restored to or Retained in Crown Control
(Qualif~ed
Designation)
Not Applicable
4.2.3 Existing Reserve
Not Applicable
4.2.4 Existing Conservation Area
Not Applicable
4.2.5 Land Being Disposed of Subject to a Protective Mechanism
4.2.5.1
Name: Access to proposed high altitude conservation land and
beyond to Roys Peak
Existing Status: Pastoral Lease
Authority: (s.40(1)(c) CPLA
Proposal: To create an easement for public car parking
at the base and foot
access to proposed conservation land on the flanks of Roys Peak
described in
proposal 4.2.1.1.
Description: The route starts at the Wanaka Mount Aspiring
Road from where it follows a formed track which leads to communication
facilities on the summit of Roys Peak. The route has been available
for public access on an informal basis for some 30 years, except
during the lambing season at which time access is denied. Annual
usage of the route currently exceeds 11,000 per annum. The easement
should contain provision for public car parking at the base of
the walking route. Due to the very high level of use by walkers,
it is not an appropriate route for as of right mountain bike or
horse access.
Justification:
In terms of the CPLA policy criteria for establishing legal public
access ways this route meets the following criteria:
Management and boundary issues: This route is considered
a high priority for implementation. Upon completion of the tenure
review existing stiles will require inspection and may need to
be upgraded to meet DOC standards. Signposting will be required
at the base of the route and at the conservation area boundary.
Up to
5 stiles will be required. Approximately 200 m of new fencing
will be required to reduce the impact of people on stock. DOC
access along this route for management purposes is proposed (see
Proposal 4.2.6.1).
Type of Qualification: Easement under section 7(2) Conservation At 1987.
Attachments: Terms and conditions:
4.2.5.2
Name: Public Access - Glendhu Bay - Warburton Walkway (Damper
Bay Lakeside Recreation Reserve)
Existing Status: Pastoral lease
Authority: s.40(1)(c) CPLA
Proposal: To create an easement to provide for as of right
public foot access from Glendhu Bay around the shores of Lake
Wanaka to link with a recently developed walkway between the Waterfall
Creek and Damper Bay Recreation Reserves. The
proposed easement is discontinuous as much of the route lies within
an existing lakeside reserve. The easement will provide for public
car parking at the Glendhu Bay end. It is envisaged that in line
with the Damper Bay Recreation Reserve, this easement will be
vested with the QLDC.
Justification: Foot access around the margins of this attractive
section of Lake Wanaka is highly desirable in this area. The route
represents a logical extension to the Warburton Walkway which
has been developed by the Wanaka Walkers group. This group has
advocated for the creation of this access easement. The route
is consistent with criteria adopted by DOC under the CPLA for
assessing access routes in that it provides an important linkage
between areas managed or likely to managed in public ownership.
Management and boundary issues: As it is proposed to vest
this easement with the QLDC, future management issues will be
addressed by that organisation.
Type of Qualification: Section 12 Reserves Act 1977.
Attachments: Terms and conditions:
4.2.5.3
Name: Public Access to Damper Bay Recreation Reserve from
Wanaka-Aspiring Road.
Authority: s.40(1)(c) CPLA
Proposal: To create an easement to provide for public foot
access to Damper Bay from the Wanaka Aspiring Road. The easement
will also provide for car parking at the route entrance.
Justification: The route will provide a more direct public
access route to the Lakeside Recreation Reserve (20 m wide reserve
in lieu of marginal strip) at Damper Bay than the proposed route
described in proposal 4.2.5.2. The route is consistent with criteria
adopted by DOC under the CPLA for assessing access public access
in that it:
Meets the objective of securing legal and practical public access
to an existing reserve through land being freeholded where this
would enhance reasonably convenient public access to such areas.
Management and boundary issues: As it is proposed to vest
this easement with the QLDC, future management issues will be
addressed by that organisation.
Type of Qualification: Easement under Section 12 Reserves
Act 1977.
Attachments: Terms and conditions
4.2.6 Land Being Disposed of Subject to a Qualified Designation
4.2.6.1
Name: DOC vehicle access to proposed high altitude conservation
land via Mount Roy walking track for management purposes (same
route as outlined in proposal 4.2.5.1).
Existing Status: Pastoral Lease
Authority: s.36(3) (b) CPLA
Description: Route is the same as that described under
4.2.5.2. The purpose of the easement is to provide vehicle access
for DOC staff and contractors for management of proposed conservation
land and the public access route.
Justification: If an area is formally protected it is important
that DOC secures legal access to the area to ensure that the department
can carry out day to day management functions.
Management and Boundary Issues: Minimal. Most concerns
relating to access along the route relate to public access. DOC
usage of the route is unlikely to be frequent.
Type of Qualification: Easement under section 7(2) Conservation
Act 1987.
Attachment: Terms and Conditions.
4.2.7 Exemption or Variation in Marginal Strip Width
N/A
4.2.8 Other Matters
4.2.8.1 NGO Concerns
There was considerable NGO interest in this property. In general the DOC proposal meet NGO expectations. The following are issues raised which have not been addressed or have been addressed in part. An explanation is provided as to why some concerns are not catered for.
1. Establish a Lakeside Recreation Reserve at Damper Bay.
Whilst from a point of view of public recreation, such a development is highly desirable, DOC management of such lands is not consistent with CPLA standards adopted by the department. The area does not contain sufficient natural values to meet criteria for incorporation into the conservation estate. A small 1 ha area which does contain natural values is proposed for incorporation in the Damper Bay Lakeside Recreation Reserve. It would be appropriate for the Commissioners agent to pursue public recreation interests with the Queenstown Lakes District Council.
2. Car parking required at base of Roys Peak, Damper Bay and eastern end of Glendhu Bay.
Car parking at the base of Roys Peak and the eastern end of Glendhu Bay are provided for in this proposal. Parking at Damper Bay is not provided for reasons described above.
3. Protection of beech forest remnants in the Fern Burn
Most of these area are within proposed conservation land boundaries. It is not practical to protect all small isolated remnants as the department does not consider they contain significant inherent values.
4. Class VII and VIII lands above 800 -1000 m have conservation/recreation values and should be incorporated into the conservation estate with no provisions for "razing.
These desires have largely been met on the grounds of the land contains significant inherent values. DOC does not support the view that it is the appropriate agency to manage lands purely for soil and water conservation reasons. This issue should be referred to the CCL to address.
5. Access to the forests of the Fern Burn should be secured via the Fern Burn.
The Fern Burn will qualify for a marginal strip upon disposal. Access up the margins of this creek is feasible. However until such time as a tenure review is completed on the neighbouring Glendhu pastoral lease, no marginal strip will be present on the lowermost section of this water way.
6. Lower faces qualify for a covenant to protect landscape values from inappropriate developments.
Whilst there is no doubt that the lower faces have high landscape values, DOC does not support the view that it is the appropriate agency to be involved in their protection. The faces mostly comprise modified AOSTD pasture and regenerating bracken fern and retain few natural values. Current departmental policy is that only in exceptional circumstances will formal protection be entered to for inherent landscape values where natural values are not high. Protection of these faces by another mechanism (for example QE2 covenant) would be entirely appropriate.
PART 5
ATTACHMENTS
5.1 Additional Information [none officially released]
5.2 Illustrative Maps
5.2.1 Topo/Cadastral
5.2.2 Values
5.2.3 Boundaries (for official use only)
Public Access New Zealand
R D 1 Omakau 9182
18 November, 1997
Submission on Alpha Burn Tenure Review [under Land Act 1948]
The Manager
Knight Frank (NZ) Ltd
P O Box 27
ALEXANDRA
Fax 03 448 9099
Dear Sir
PANZ has considerable difficulty with the advertised proposals. We believe that they are seriously deficient in their provision for public recreation.
We reluctantly accept the restricted provision for walking access up Roys Peak because of the intensity of the grazing/lambing. It would be impractical to allow year-round access unless the route was fenced out.
Where the proposals are critically deficient is the absence of public access provision along the lake shore and to Damper Bay. There is considerable demand for this now, which can only increase as Wanaka grows. The Crown has made considerable efforts over many decades in trying to improve public reserves and access provisions in coastal and lake areas, including Lake Wanaka. Government would be abrogating its responsibilities if it agreed to tenure changes without making suitable public provision in this instance. This section of lake shore is a key missing link in reserves and access near Wanaka. We believe that tenure review should not proceed unless this can be agreed.
Additional we ask that foot access be provided up the Fern Burn to the proposed high altitude conservation area. This was discussed in the DOC conservation resources report which noted that access could be provided without disturbance to farming operations. No compelling reasons have been advanced as to why this access should not be provided. It would greatly enhance pubic use and appreciation of the proposed reserve and enable better use of this area and adjoining public lands ex Spotts Creek, allowing more round and through-trips.
All access easements should be secured under section 7(2) Conservation Act. They should not be Walkways under the Walkways Act as these can be arbitrarily closed at any time.
If we are able to assist in resolution of these matters we would be pleased to do so.
Yours faithfully
Bruce Mason
Researcher & Spokesman
Proposal under Crown
Pastoral Land Act 1998
ALPHABURN 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 Donald Withall McRae and Victoria Clare McRae as tenants in common, lessees of Alphaburn Pastoral Lease.
Legal description of land concerned:
Pastoral lease land:
Sections 2 and 3 and part Section 1 SO 22998 contained in Land Registry Folio 14C/991 (Otago Registry) comprising 4553.8014 hectares.
General description of proposal:
(1) 1117 ha (approximately) to be designated as land to be restored to full Crown ownership and control as follow:
(a) 1095 ha (approximately) under Section 35 (2) (a) (i) of the Act as conservation area; and
(b) 22 ha (approximately) under Section 35 (2) (a) (ii) of the Act as a Government purpose reserve for wildlife management.
(2) 125 ha (approximately) to be designated as land to be restored to or retained in Crown control subject to a grazing concession in favour of the holder under Section 35 (2) (b)(i) and Section 36 (1) (a) of the Act; and
(3) 3312 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder under Section 35 (3) of the Act, subject to Part IVA of the Conservation Act 1987, Section 11 of the Crown Minerals Act 1991 and subject to protective mechanisms as detailed below.
Protective mechanisms under Section 40 (1) (b) and Section 40 (2) (a) (c) CPL Act:
(i) An easement to provide for public foot access over the land from Glendhu Bay to Damper Bay Recreation Reserve above the shores of Lake Wanaka and a carpark under Sections 40 (1) (b) and 40 (2) (c) CPL Act.
(ii) An easement to provide for public foot access from Wanaka Mount Aspiring Road to Roys Peak and carparking under Sections 40 (1) (b) and 40 (2) (c) CPL Act.
(iii) An easement to provide vehicle access for conservation management purposes on the 4WD track to Roys Peak under Sections 40 (1) (b) and 40 (2) (b) CPL Act.
(iv) A conservation covenant over two areas totalling 567 ha, one being located at the head of the Alphabum and the other at the head of the Fem Bum under Section 40 (2) (a) CPL Act.
Further infommation including a copy of the plan, covenant and easement documents and information required under Section 39 CPLA is available on request from the Commissioner's agent at the following address:
The Manger Knight Frank (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/- Knight Frank (NZ) Limited at the above address.
Closing date of submissions:
Written submissions must be received no later than 1 May 2002.
SUMMARY
OF THE PRELIMINARY PROPOSAL FOR TENURE REVIEW
OF ALPHABURN 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 CPL Act.
Appendices:
Appendix 1: Designations Plan.
Appendix 2: Detailed plan of Damper Bay track.
Appendix 3: Detailed plan of Scaifes Lagoon.
Appendix 4: Detailed plan of fencing proposals.
Appendix 5: Easement document, Mount Roy track.
Appendix 6: Easement document, Damper Bay track.
Appendix 7: Conservation covenant document.
Appendix 8: Grazing concession/licence document.
Appendix 9: Section 39 information.
(1) Details of land under consideration:
Pastoral lease:
Lease Name: Alphaburn
Lessee: D W and V C McRae
Location: Wanaka
Land Registry Folio Ref: 14C/991, (Otago Registry)
Legal Description: Sections 2 and 3 and Part Section 1 SO 22998
Area: 4553.8014 hectares
Local Authority: Queenstown-Lakes District Council
Term of Lease: 33 years from 1 July 1984
(2) Proposa/:
2.1 To be designated as land to be restored to or retained in full Crown ownership and control:
(a) As a conservation area, (under Section 35 (2) (a) (i) CPL Act)
Area: 1220 ha - subject to survey (the area marked as "Area A" and coloured green in diagram in Schedule A).
(b) As a reserve for the purpose specified in the proposal (under Section 35
(2) (a) (ii) CPLAct):
(i) An area of 22 ha subject to survey (marked as "Area B" and
coloured green in diagram in Schedule A).
Purpose:
Government Purpose Reserve under Section 22 (2) of the Reserves Act 1977 as a wildlife management area.
2.2 To be designated as land to be disposed of by freehold disposal to persons specifed (under Section 35 (3) CPL Act) subject to protective mechanisms and designation:
Persons specified: D W & V C McRae
Area: 3312 ha subject to survey (marked in purple on diagram in Schedule A).
Protective Mechanisms (Section 40 (1) (b)):
(a) Easement to provide for public foot access and car park under Section 40 (2) (c) CPL Act 1998 (as marked "A" -" B" and car park at points marked "A " on the diagram Schedule A).
(b) An easement to provide public foot access under Section 40 (2) (c) CPL Act 1998 (as marked "C" - "D" with a car park at point "C" on the diagram Schedule A).
(c) An easement to provide vehicle access for conservation management
purposes under Section 40 (2) (b) CPL Act (marked "C"
-"D" on
diagram Schedule A).
(d) A conservation covenant over two areas totalling 567 ha under Section (2) (a) CPL Act 1998 (outlined yellow on diagram Schedule A).
(3) Description of Proposed Designations:
3.1 Land to be designated as conservation area:
Total area: 1242 ha (approximately).
3.1.1 Alphaburn Tops:
Description:
The proposal includes most land on the property lying above 1000 metres and lands of lesser altitude in the Fern Burn, Alpha Burn and an unnamed creek to the northwest of Roys Peak.
Much of the area comprises steep country with numerous rocky bluff systems dissected by a series of steep gorges that flow to the nor-west.
Vegetation cover comprises mixed regenerating shrublands, beech forest, tussockland-q and alpine communities.
Justification:
Significant Inherent Values Associated with Natural Resources:
Programme (PNAPJ for protection as a priority natural area.
While the Wanaka ecological district has not been subject to a Protected Natural Areas Programme survey, the proposal ranks between medium and high for 6 out of the 7 criteria used for assessing the conservation value of a natural area
In January 1999, six specimens of a new gecko species were discovered on the summit of Mount Roy. Specimens were sent to a gecko taxonomist at Victoria University who confirmed them to be an un-described species related to the forest gecko (Hoplodactylus granulatus). Results from DNA analysis are not available at this time. It has long been a mystery why forest geckos and sister species are absent from the Catlins in Otago right through the rain shadow areas of the South Island main divide. The discovery of the Mount Roy gecko in this area is therefore a major herpetological find.
Diverse mixed shrublands in the lower reaches of the Fern Bum contain a range of species largely eliminated from this part of the Wanaka ecological district through agricultural development. A single Olearia hectorii, a Category A threatened species (Molloy & Davis 1994) is present at GR 917 032 (NZMS F40). Further research may locate additional plants. This is a new record for this species.
The addition of this area to other contiguous areas designated for protection under approved tenure reviews on Spotts Creek and Hillend Pastoral Leases will form a protected area in excess of 4750 ha.
This creates a moderate sized protected natural area that confers conservation benefits associated with large tracts of land subject to little unnatural disturbance. Increasing the area of protected land creates an enhanced buffer zone, forms important biological linkages and enhances the viability of the area.
Significant Inherent Values Associated with Recreational Resources:
An unofficial walkway from the Wanaka Mt Aspiring Road to Mount Roy has been used by the public for many years. Access has been at the grace and favour of the Lessees. This track attracts some 11000 visitors annually. The top section of the track is within the proposed conservation area. From the summit trampers and hunters have the opportunity to explore a series of spectacular alpine basins. There is the possibility of completing a through trip to the Motatapu Road via the Fern Burn.
3.1.2 Qualif ed desigrzations:
Grazing concession:
It is proposed that a grazing concession be granted over an
area of 125 ha (approximately) of proposed conservation
land. The concession is to accommodate what would otherwise be
stock trespass across the proposed freehold boundary that is unfenceable.
The concession provides for up to 50 sheep (ewe equivalentsJ
and is for a proposed term of 20 years. This area has been
mod)fied by grazing at lower altitude and on sunny faces but over
the majority contains similar characteristics and inherent values
as contained in much of the balance of the proposed conservation
area.
3.2 Land to be designated as Reserve:
Scaifes Lagoon:
It is proposed to restore approximately 22 ha of land
to the east of Glendhu Bay to full Crown ownership as a government
purpose reserve under Section 22 (2) of the Reserves Act 1977
as a wildlife management area (Area B on diagram in Schedule A,
Appendix II).
Description:
The area comprises a small wetland lying to the east of Glendhu Bay and immediately below the Wanaka - Mount Aspiring Road. The wetland occupies a small depression beneath a large ice worn schist outcrop. Public access will be available directly from the road margin.
Justification:
Significant Inherent Values Associated with Natural Resources:
The proposal contributes to the natural landscape character of the Wanaka ecological district. The wetland is located in an area that has mostly been developed into productive farmland. The wetland and backdrop of native shrublands is an attractive feature from the popular Wanaka - Mount Aspiring Road.
While the Wanaka ecological district has not been subject to a Protected Natural Areas Programme survey, the area ranks between medium and high for most criteria used for assessing the conservation values of a natural area.
There is a long history of wetland mod)fication in New Zealand. Only 8% of pre-European lowland wetlands now remain. Wetlands now occupy less than 2% of the total land area of New Zealand. Drainage of new areas continues today. 14% of remaining lowland wetlands in the North Island were drained between 1979 and 1983. New Zealand as a signatory of the RAMSAR convention has an obligation to protect remaining viable wetlands.
Significant Inherent Values Associated with Recreational Resources:
Scaifes Lagoon has historically received moderate levels of use by gamebird hunters.
Significant Inherent Values Associated with Historic Places and Cultural Resources:
The presence of moa bones was revealed during road construction in 1965. Moa bones are preserved in peat at a depth of approximately 2 metres along with the bones of small birds, branches and leaves of trees and shrubs and land snails. The preserved gizzard stones of moa provides evidence of the birds diet. The rest of the peat swamp surrounding the lagoon probably contain similar deposits of faunal and flora material and therefore represents a valuable resource for future studies of moa ecology and the Holocene environment.
3.3 Land to be designated as land to be disposed of by freehold disposal to the holder subject to protective mechanisms:
Total area: 3312 ha (approximately)
This area comprises the flats, downs and lower hillslopes overlooking Glendhu Bay and extending into the Motatapu Valley. The majority of this area has been developed for pastoral fanning either through cultivation or oversowing and topdressing.
3.3.1 Protective mechanisms:
Conservation Covenant:
Included within the proposed conservation area are two areas of high altitude warm north facing country where the lower slopes are capable of sustaining economic use for pastoral farming. It is considered not practically feasible to separate these areas from the balance of the block. Consequently it has been considered necessary to choose practical physical boundaries where a fence can be located or where a natural physical boundary occurs.
The inherent values that arise from the vegetation within these two areas are less sign)ficant than exist on the balance of the proposed conservation area. The retention of the natural landscape is a sign)ficant inherent value within these two areas hence a conservation covenant is proposed. The Minister of Conservation's consent is required for tracking, burning, tree planting and clearance of indigenous vegetation within these areas.
Easements:
Two easements are proposed as follows:
(i) An easement to provide for public foot access from the eastern side of Glen&u Bay to the Damper Bay Lalceside Recreation Reserve on a practical line above the lakeshore plus a carpark at the Glendhu Bay end of this track. This easement will provide the only public land access to Damper Bay.
(ii) An easement to provide public foot access from the Wanaka Mount Aspiring Road on the line of the existing formed track to Roys Peak plus carparking at the road. This easement formalises the major portion of the popular Mt Roy walkway. Access is presently at the grace and favour of the Lessees.
(4J The Proposal in relation to the Objects of Part 2 CPL Act:
The objects of Part 2 of the CPL Act are set out in Section 24 of the Crown Pastoral Land Act 1998 viz:
24. Objects of Part 2 - The objects of this part are:
(a) To:
(i) Promote the management of reviewable land in a way
is that is ecologically sustainable:
(ii) Subject to subparagraph (i), enable reviewable land capable
of economic use to be freed from the management constraints (direct
and indirect) resulting from its tenure under reviewable instrument;
and
(b) To enable the protection of significant inherent values of reviewable land:
(i) By the creation of protective mechanisms; or (preferably)
(ii) By the restoration of land to full Crown ownership and control; and
(c) Subject to paragraphs (a) and (b), to make easier:
(i) The securing of public access to and enjoyment of reviewable land; and
(ii) The freehold disposal of reviewable land.
This proposal promotes the management of the land in a way that is ecologically sustainable by:
The proposal enables reviewable land that is capable of economic use to be freed from the management constraints resulting from its tenure by disposal on freehold title. The economic use is pastoral farming.
This proposal fits the objects of the Act by enabling the protection of significant inherent values identified within the reviewable land by the restoration of the land to Crown ownership and control. The sign)ficant inherent values identified that are within the land proposed to be disposed of on freehold title will be protected by conservation covenant. As the principal sign)ficant inherent value within these areas is the natural landscape it is considered that a conservation covenant is an appropriate mechanism for protection.
Public access to and enjoyment of the land is provided for in the proposal by the creation of two public access easements through the proposed freehold. One provides access to the proposed conservation area and to a popular lookout point at Roys Peak. The other easement provides a walkway route from Glendhu Bay to Damper Bay Recreation Reserve along the Lake Wanaka shore. These routes are expected to be immediately popular with the public.
APPENDIX 1:
Designations Plan
Wednesday, 1 May 2002
Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
P O Box 27
Alexandra
Submission on Preliminary Proposal Alphaburn Tenure Review
Introduction
In 1997 Public Access New Zealand submitted on an earlier
proposed tenure review for this property. We concluded that the
proposals were seriously deficient in their provision for public
recreation and should not proceed. Our concern focused primarily
on the Lake Wanaka shore and the absence of public reserves and
access, despite development and population pressures from Wanaka.
The then proposal for landscape protection along the lower mountain
faces was welcome, and partly anticipated adverse impacts from
future development if no such constraints were implemented. We
reluctantly accepted annual closure of the Mt Roy track for lambing,
in the absence of obvious alternative measures.
Since that time there has been booming development and population growth in Wanaka and surrounds, far greater than most people could have anticipated. This growth is among the fastest in New Zealand. The pressures for development, and for outlets for public recreation are now acute. Alphaburn is only 5 km from the centre of Wanaka and occupies spectacular mountain backdrops to the lake, and provides a prominent western 'buttress' for containing urban sprawl along the hills, and most importantly, along the lakeshore. Such spectacular open space is at a premium (photo 1).
The current tenure review proposals do not recognise present-day realities of greatly intensified pressure; that the Crown, as the underlying landowner, has a unique opportunity to provide for the long-term protection of this very special area of New Zealand and for the provision of public open space and recreational opportunity.
In addition to a reduction in the area of mountain lands now proposed for retention in Crown ownership, and the absence of any landscape protection over proposed freehold, the proposals fail to make provision for public reserves along the lake shore. This is the most pressing need. This deficiency is only partly offset by provision for a new walking track along the shore. While this is most welcome, the absence of generous public reserves makes this very vulnerable to being degraded by private development in it's immediate environs. Recreational experience is not just about physical activity. It is the result of the environmental setting plus activity. Such settlings must be protected from adverse development.
We believe that unless there are major improvements to accommodate public recreation needs, both now and in the future, this review should not proceed. The Crown should investigate other avenues for achieving this end.
Addition to Damper Bay Recreation Reserve
The current reserve is a 20m strip along the shoreline. This
is too narrow to provide practical foot access along its length,
or to accommodate potentially intense picnicking and other lake-shore
activity. Currently the only practical public access to Damper
Bay is by boat. What is needed is the equivalent to the Dublin
Bay Domain. However, due to it's closer proximity to Wanaka, being
within walking distance, the need for such a reserve is greater
at Damper Bay (we are not suggesting swapping areas). There are
continuous such reserves from Wanaka to the mouth of the Clutha
River, but very little to the west of the town.
DOC identified the lakeside vegetation around Damper Bay, as a "main area of conservation interest" (p1 Alphaburn Station Conservation Resources Report).
In DOC's 1999 revised recommendations it was proposed "that an area of approximately 1 hectare be added to the Damper Bay Recreation ReserveThe purpose of the proposal is to protect an area of manuka shrubland which contributes to the natural character of the Wanaka Ecological District and to facilitate recreational use of that setting."
This was justified on the basis that "this small remnant of native vegetation has persisted despite surrounding lands being developed into productive farmland. The remnant provides an attractive natural component to a landscape, which is otherwise pastoral. The close proximity of the shrubland to Lake Wanaka and the Damper Bay Recreation Reserve enhances the shrublands aesthetic and recreational importance."
DOC submitted that
"In terms of the CPLA the area is of significant inherent
value as it:
Sustains the special natural quality and integrity of the High
Country landscape, especially the indigenous component.
Sustains culturally valued scenic, aesthetic, recreational and
historic attributes within a natural High Country landscape.
The land is a setting of high natural or historical value for
outdoor recreational opportunities in the High Country."
The Due Diligence Report, p 4, recorded that "a large effort has been put into unsuccessfully negotiate withdrawal of several significant reserve areas", including Damper Bay. This indicates that this area has significance of such an order as to warrant a major official effort to protect as a reserve.
The Report on Consultation, p8, recorded the existence
of a bach within the area of conservation interest
"Extension of the lakeside track will require planning and
development, but could become a major recreational asset in the
future. Damper Bay currently has a bach located within the area
of proposed conservation interest. The future of this will need
to be considered as part of this process."
It also recorded strong objections from the lessee to reservation
of this area
"The holder had strong objections to an addition to this
reserve area. This area is used by the holders during the summer
holiday period for family holidays and it would have a significant
impact on the use of this area."
DOC's Amended Recommendations of 1999, p 11, in response
to the NGO view that a reserve extension is highly desirable,
stated
"Whilst from a point of view of public recreation, such a
development is highly desirable, DOC management of such lands
is not consistent with CPLA standards adopted by the department.
The area does not contain sufficient natural values to meet criteria
for incorporation into the conservation estate. A small 1 ha area
which does contain natural values is proposed for incorporation
in the Damper Bay Lakeside Recreation Reserve. It would be appropriate
for the Commissioners agent to pursue public recreation interests
with the Queenstown Lakes District Council".
In the Summary of the Conservation Resources Report,
contained in the Submission to the CCL of 10 February 1995,
is the statement
"Two areas on the Wanaka foreshore - one at Damper Bay (46
ha) and the other near Glendhu Bay (5 ha) are of conservation
interest. The Damper Bay area has remnant lakeshore vegetation
and recreational opportunities, while the smaller area near Glendhu
Bay could provide better picnicking and car parking opportunities,
as well as being an exit/entry point for a possible lakeside track".
In the intervening period 1995 to post 1999, DOC has, without
explanation, reduced the "area of conservation interest"
from 46 ha to 1 ha. The "remnant lakeshore vegetation"
extends beyond the small area of tall manuka. It extends over
the uncultivated area, including the small glaciated knobs intruding
into the beach (photo 2). DOC earlier acknowledged that
the extent of interest was larger than a 1 ha patch
"The vegetation around Damper Bay is mainly manuka which
extends as a grove around the eastern part of the bay out on to
the point", Alphaburn Station Conservation Resources Report,
P2 (our emphasis).
We believe that the uncultivated margin up to existing fencelines
qualifies as a natural resource which includes "plants and
animals of all kinds"(s2 CPLA), and distinctive landscape
and geological features that qualify as significant inherent values.
These are ecological and recreational characteristics of a natural
resource of such a nature or quality that these "deserve
the protection of management under the
Reserves Act 1977 or the Conservation Act 1987"('significant
inherent value' s 2, 24 CPLA). The current provisions of the Reserves
Act include a classification of Recreation Reserve (s17). This
provides for "the protection of the natural environment",
in addition to "providing for recreation and enjoyment of
the public". Such an area could logically be amalgamated
with the existing shoreline recreation reserve.
It appears that DOC's current view has been coloured not by the sudden disappearance of significant inherent values, but by the lessee's objections. "During consultation the value to the owners is recognised whereas the loss of this area to the overall proposal appeared relatively minor", Report on Consultation p8. The 'minor' effect is only because DOC has redefined its interest, contrary to the objects of the CPLA.
Also DOC does not have a wish to inherit this area as a reserve. This is despite it being within the ambit of legislation they administer, as well as the CPLA. The latter's considerations are about retention of Crown ownership and control, NOT about which Crown agency exercises control. This extended area should be reserved, DOC reminded of their statutory responsibilities for recreation, and all else failing, the reserve vested in the QLDC under the jurisdiction of the Reserves Act.
As indicated in our introduction, we believe that this is the most critical reservation of land that should result from tenure review. We fail to see that the Crown should be seen to be accommodating a private use, probably as an unauthorised structure on pastoral lease, to the exclusion of the public from a prime lakeside amenity area. The Due Diligence Report does not record any Crown authorisation for the bach; therefore it is likely to be an unauthorised use of pastoral lease. It would be contradictory for the CCL to be authorising freeholding of this area on the basis of a prior unauthorised structure, while currently refusing to act to retain similar structures on the shores of Falls Dam, also pastoral lease (Home Hills) subject to tenure review.
Mt Roy walking track
Currently Roys Peak is the main focus of recreational use
on the property. This has been a long-standing unofficial walkway.
Probably because of the absence of alternative energetic walks
near Wanaka, this route has attracted a lot of usage.
The tenure review papers put this at "exceeding 11,000 per annum". However the lessees claim that usage is "approximately 26,000 visitors per year", Report on Consultation, pp 10-12.
In discussion of this amenity it was stated
"We suspect that with other tenure reviews coming on stream,
alternative access routes will become available which may take
the pressure off the Mount Roy walk. We believe that the popularity
of the walk is partly due to a shortage of suitable public walks
within the Wanaka region", p 12.
The principle issue, that we raised previously, was that of annual closures due to lambing.
We do not believe that the provision of 'alternative' walks in the Wanaka area will reduce pressure on Mt Roy. With connections to the adjoining Hillend and Spotts Creek properties, usage of the Mt Roy track is likely to increase, rather than decrease. Another consideration is that there is no comparable viewpoint of the Lake Wanaka environs available. Mt Iron is a valuable, but low elevation viewpoint, but not comparable to Mt Roy.
We acknowledge that public usage must be disruptive to farming operations, however we consider that on-going closures, in the face of increasing usage, will become unsustainable. The pressures for year-round access will become so great as residential and visitor numbers boom that this issue cannot be left unresolved. We believe that this matter must be addressed, now. Walking in this region is a year-round activity and, contrary to official advice to the CCL, closure during the Spring would exclude a large number of potential walkers. Most visitors would not have the option of revisiting when the track is open.
It may be that all the lower portions of the track need to be lane-fenced, and paddocks realigned for practical farm management. If this is required, this is a cost that should be borne by the Crown, with further recompense for disruption to farming operations in the financial dealings over areas offered for freeholding.
In any easement document, there should be provision for terminating the closure provision, if this remains, in the event of the track alignment no longer being used for lambing. Such a sunset clause could also extend if this part of the property is transferred to new owners.
We are concerned about the 'temporary suspension' provisions
of the draft easement document. This states the
"The transferee may close all or part of the Easement Area
and suspend public access to it in the case of an easement:
(a) 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;
(b) under section 12 of the Reserves Act 1987 if it is necessary
for the protection and wellbeing of the Easement Area, or for
the protection and control of the public".
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 the easement itself cannot be closed under the Conservation Act.
Closure under section 12 Reserves Act for "for the protection
and wellbeing of the Easement Area" is ultra vires the Minister's
powers. Section 12 relates to acquiring interests over private
land "for the
purposes of a reserve or for the improvement, protection, or extension
of or access to an existing reserve". The Easement Area is
not a reserve and the "wellbeing" of this land would
relate to farming or other private uses. This is inconsistent
with the Reserves Act and CPLA objectives in regard to securing
public access, and must be deleted.
Damper Bay access
As a result of lessee objections, proposed public access from
the Wanaka-Aspiring Road to Damper Bay was dropped.
This route was originally justified on the basis that
"The route will provide a more direct public access route
to the lakeside recreation reserve at Damper Bay than the proposed
route around the lake", Report on Consultation, p
12.
DOC considered that "the route is consistent with criteria adopted by DOC under the CPLA for assessing public access and that it "meets the objective of securing legal and practical public access to an existing reserve through land being freeholded where this would enhance reasonably convenient public access to such areas," DOC Recommendations 1999, pp 9-10.
In justifying the dropping of this access it was stated that
"Although this is seen as a desirable additional access route,
it's removal is not critical to achieving a good outcome overall
for the tenure review of the property", (p 13). This comment
was made in regard to the decision to drop the proposed reserve
extension at Damper Bay. However DOC had earlier identified a
wider role for this route
"Foot access is also considered desirable to link the Roys
Peak Track with the existing Wanaka foreshore track. This would
allow walkers from Wanaka to walk via the existing track rather
than use the Mount Aspiring Road, as many tend to do currently",
Alphaburn Station Conservation Resources Report, p4.
Therefore a linkage from the Mount Aspiring-Wanaka road, in the vicinity of the Mt Roy track end, to the Lake Wanaka shoreline track would serve both safety and amenity purposes. This would allow visitors who do not have motor vehicles, to avoid walking along an increasingly busy road to the start of the Mt Roy track. A linkage would be far more aesthetic to gain access via the lakeshore to Mt Roy than via the road, and further enhance the lakeshore track by permitting a shorter one-way walk or return walk. A linkage to the road would be approximately half-way between the existing Waterfall Creek access point and Glendhu Bay. An additional linkage would greatly enhance use options for the lakeside track. Such provision would also enhance recreational opportunities in the greater Wanaka area.
The preferred route for a Aspiring-Wanaka Road-Damper Bay track would be that originally proposed by DOC, however an alternative down the eastern boundary of the property may be less disruptive to farming operations and not unduly lengthen access to Damper Bay from the road. It would also terminate closer to the Mt Roy track end.
Lakeshore easement
We are pleased that there is proposed provision for a walking
track to Glendhu Bay, along the length of the lakeshore within
the property. This will provided a much-needed extension to the
existing track from Wanaka.
The Conservation Resources Report states (p 4)
"While the foreshore east of Damper Bay is steep and
rugged, a suitable track could be constructed over the headland
to Damper Bay. From here, the track could lie wholly within the
existing recreation reserve. Access from the Mount Aspiring Road
to Damper Bay is also desirable". However the Preliminary
Proposal plan showing this route indicates that a large portion
of its length would lie on the area designated for freeholding.
The DOC Recommendations 1999 (p 9) state that
"The route is consistent with criteria adopted by DOC under
the CPLA for assessing access routes in that it provides an important
linkage between areas managed or likely to managed in public ownership".
The draft easement document contains temporary suspension clauses that, like for the Mt Roy easement, are inconsistent with statutory provisions. PANZ objects to discretionary powers of closure. We believe such powers to be unnecessary, as adequate emergency powers lie with Police and Fire Control Authorities without these additional powers vested in a track controlling authority.
Glendhu Bay recreation reserve
The Alphaburn Station Conservation Resources Report,
p4, notes that
"the foreshore of Glendhu Bay outside of the existing camp
ground is a very popular spot and often crowded. It would be highly
desirable to extend the existing recreation reserve where the
road touches the lakeshore at the Mount Aspiring viewpoint, so
that a larger public reserve is available for picnicking and boating
and this area would also provide an entry/exit point for the lakeshore
walk.
It is unclear from official documents supplied to us, to what extent, if at all, this area is incorporated within the carpark planned as the terminus of the lakeside walk. As seasonal recreational pressure on this lakeshore is extremely high, it is critically important that all areas between the road and lake be publicly reserved.
Fern Burn
Lack of transparency for marginal strip creation
There is a generic problem that must be addressed as a matter
of priority. On 17 November 1999 the CCL instructed that all decisions
relating to marginal strips are to be made by the DG Conservation's
delegate for tenure review. Consequently, with all marginal strip
decisions internalised within DoC, there is no public accountability
for official performance. This is despite marginal strips often
being intimately
related to public access easements and other public lands being
proposed through the advertised tenure review process. It is a
nonsense, when it is the disposition of Crown land through tenure
review that is the trigger for creating marginal strips, that
these actions are arbitrarily divorced from the public arena.
The Alphaburn Station Conservation Resources Report,
p3, states
"No marginal strips exist on the Fern Burn or Alpha Burn
currently".
And the Draft Preliminary Proposal Report and Drafting Instructions,
p 14 state
"The Fern Burn will have a strip on freeholding".
The basis for this latter statement is unclear.
The Instructions from CCL, pp 2-3, state
"the Commissioner...requests from you (Knight Frank) any
advice received from DOC to support the view in the submission
that a marginal strip will be created in respect of the land adjacent
to the Fern Burn..."
'Furthermore, the Commissioner has previously asked Knight Frank not to address marginal strip issues".
The uncertainty arising from the CCL's position is untenable.
There must be certainty one way or the other as to the creation of marginal strips along the banks of the Fern Burn. If they are to be created it also must be ascertained if the whole of the banks outside of the proposed (high country) conservation area will qualify for strips, and if strips wider than 20m will be necessary for the creation of practical access.
If the Fern Burn does not meet statutory width criteria for creation of marginal strips, then other mechanisms for the creation of public access must be instigated. This could either be achieved by extending the conservation area downstream, or by creation of an easement or other mechanism. This can only be done during tenure review.
As DOC commented in the Alphaburn Station Conservation Resources
Report, p 4,
"Through probable tenure exchange deals on this and adjoining
properties, some 4500 ha could become conservation land. While
access will be available from key access points elsewhere, it
is desirable to provide walking access into this area from an
alternative direction. The Fern Burn is an obvious and attractive
route. The Fern Burn crosses the Motatapu Road and could provide
an easy access point. This route in the confines of the Fern Burn
should not be disruptive to stock and could provide direct access
to the beech forest in the Fern Burn. From here any proposed track
could climb up on a terrace and link up with an old, disused farm
track running up the valley. From the end of this track, the side
creeks or ridges could be used to enable public access into the
proposed conservation land. This access route may in time become
a popular short day walk as the beech forest is a focal point
and the bluffs and rock formations in the area are spectacular".
The desirability of this access was also raised by NGO's, including PANZ. We specifically commented on this in our submission of 18 November 1997 on the earlier tenure review.
We understand that any strip would terminate short of the Motatapu Road as a short section from the Alphaburn boundary to the road lies within the neighbouring Glendhu pastoral lease and no strip currently exists. However this should not be allowed to preclude strip creation, as opportunity to create these will arise if and when Glendhu enters tenure review, or in 2017 when lease renewal occurs. A long-term view needs to be taken of this process. This is the last major Crown land subdivision in New Zealand's history, and no other opportunities to negotiate access provision on favourable terms are likely to arise.
Landscape protection
DOC describes the landscape character of the property in
Alphaburn Station Conservation Resources Report, pp 2-3, 6
"Lakeside
The area below Mount Aspiring road is "lumpy", ice-worn
topography dispersed with low-lying alluvial flats, typical of
many areas around the lake. The vegetation cover is pasture grasses,
short tussock, scattered manuka, briar and matagouri. Remnant
lakeshore vegetation and a large patch of manuka at Damper Bay
are significant landscape features".
"Remnant manuka is important to the landscape character within the lakeside landscape type".
"Visual and Scenic Values
"The whole of Alpha Burn Station contains very high visual
and scenic values and is within an area that is renowned for outstanding
scenic values".
"The lake faces of Roys Peak are an important landmark and backdrop view to Wanaka and the surrounding area".
"Below Mount Aspiring road the characteristic lumpy topography and remnant manuka form important foreground views to Lake Wanaka and surrounding mountains".
"Much of Alpha Burn Station is highly visible from the lake and public roads, and vulnerable to insensitive alteration such as tracking and structures".
"Landscape Protection
"A landscape covenant over any proposed freehold land viewed
from Mount Aspiring Road to the Wanaka foreshore will assist in
ensuring development is in sympathy with the landscape character.
It will in effect ensure that farming can continue into the future,
but subdivision for lifestyle units, tourist development or afforestation
should be ruled out. Landscape protection over the Wanaka faces
below Roys Peak is highly desirable and restrictions should ensure
that any new works are handled sensitivity"
(photo 3).
This assessment was adopted, in part, by the 1995 tenure review,
whereby a landscape covenant would apply over the mid and upper
reaches of the highly visible face below Roys Peak.
However DOC and Knight Frank changed their stance in 1999.
This was their response to concerns from NGO's
"Lower faces qualify for a covenant to protect landscape
values from inappropriate developments. Whilst there is no doubt
that the lower faces have high landscape values, DOC does not
support the view that it is the appropriate agency to be involved
in their protection. The faces mostly comprise modified AOSTD
pasture and regenerating bracken fern and retain few natural values.
Current departmental policy is that only in exceptional circumstances
will formal protection be entered to for inherent landscape values
where natural values are not high. Protection of these faces by
another mechanism (for example QE2 covenant) would be entirely
appropriate". DOC Recommendations 1999, p11.
Knight Frank advised the CCL that
"A recent Environment Court decision (reported in the Otago
Daily Times, 9 November 1999) by Judge Jackson said the Queenstown-Lakes
District Council 1998 Revised District Plan was completely inadequate
in respect of landscape issues. He recommended a three way division
of rural landscapes".
"In the 1995 notification of this Plan, part of Alphaburn including the front face of Mount Roy between the Mount Aspiring Road and Lake Wanaka was designated as an area of landscape importance. This restricted earthworks, tree planting and buildings (this designation was removed in the 1998 revision)".
"We propose to leave the protection of the landscape up to the local authority (QLDC) under the direction of the Environment Court", Draft Preliminary Proposal Report and Drafting Instructions, p13.
This change of heart is reflected by the current Preliminary Proposal which does not contain any actions for landscape protection; that is outside of the high country block proposed for public reservation. This position is contrary to the objects of the CPLA.
Section 24(b) CPLA requires enabling the protection of the
significant inherent values of reviewable land---
(i) By the creation of protective mechanisms; or (preferably)
(ii) By the restoration of the land concerned to full Crown ownership
and control;
'Enable' means authorize, empower, supply the means to make possible (Concise Oxford). This is an active duty; not something confined to advocacy that another body fulfills this function. This is a duty of the CCL in this and every other tenure review. Therefore it is irrelevant to tenure review that DOC considers that protection is a district planning issue or that the QE2 Trust could do the job instead of itself. It is equally irrelevant that it not current DOC policy to make provision for landscape protection on lands not under the department's control. It is the provisions of the CPLA that must prevail.
The determining question is, are there significant inherent values present?
Section 2 CPLA defines "inherent value"
"Inherent value", in relation to any land, means a value
arising from---
A cultural, ecological, historical, recreational, or scientific
attribute or characteristic of a natural resource in, on, forming
part of, or existing by virtue of the conformation of, the land;
or
A cultural, historical, recreational, or scientific attribute
or characteristic of a historic place on or forming part of the
land:
The Roys Peak face and lakeside areas are modified from a vegetation point of view and to this extent is "semi natural". Its predominant values are as open-space grassland, with remnant native shrublands. These attributes are cultural, historical, and recreational, which individually or collectively, qualify as 'inherent values'.
While it is understandable that DoC does not want to end up with responsibility for managing highly modified grasslands, this is not necessarily a consequence of recognising the existence of inherent values of whatever attribute and enabling their protection. In any event the meaning of 'natural resources' includes "plants of all kinds", so DoC's advice that this is confined to significant inherent 'natural' values is not in accord with the requirements of the CPLA, or the Conservation Act 1987, where 'natural resources' are almost identically defined.
The final matter to be considered is, are the inherent values
"significant" and therefore "deserving the protection
of management" under the Reserves or Conservation Acts?
S 2, CPLA
"Significant inherent value", in relation to any land,
means inherent value of such importance, nature, quality, or rarity
that the land deserves the protection of management under the
Reserves Act 1977 or the Conservation Act 1987.
The Concise Oxford defines 'significant' as meaning "noteworthy, of considerable amount or effect or importance, not insignificant or negligible".
DoC's description of landscape values cited above (a recreational attribute), at a minimum can be individually described as 'noteworthy', and cannot be dismissed as 'insignificant or negligible'. Therefore the presence of these attributes qualify as 'significant inherent values' deserving protection under the auspices of the CPLA.
The final issue is the form of protection. There are two options under section 24(b), protective mechanisms or Crown ownership. In our view, the latter is unwarranted as it is merely a backdrop of open space that needs protection, without any requirements for nature protection or public recreation within this zone, other than the lakeside reserves and access easements we advocate in this submission. We would prefer a Section 27 Conservation Act covenant as this is more secure than other options. This is deemed to be an interest in the land that requires DoC to publicly notify and call for objections if this interest were proposed for disposal. We have little faith in the adequacy or security of QE II Trust covenants. A sustainable management covenant is our second preference, however we believe that the landscape protection we advocate is within the statutory mandate for DoC and should be accepted by the department.
We note the CCL's advice to Knight Frank on 5 April 2000 concerning this tenure review that "the CPLA allows the Commissioner to address landscape issues in making decisions. This means that the Commissioner needs specific advice on this aspectand that advice must now be provided". That requirement hasn't been fulfilled.
A landscape protection covenant should extend along the north-eastern and northern faces of Roys Peak between the Aspiring-Wanaka road and the lower boundary of the proposed high country conservation area, extending from the eastern boundary of Alphaburn to immediately east of Glendhu Bay to the lower reaches of the creek at F40 950070.
The full extent of the property between the Aspiring-Wanaka Road and Lake Wanaka, excluding reserves, should also be protected by landscape covenant.
Alphaburn Tops Conservation Area boundaries
We note that the area proposed for reservation has been progressively
reduced from the original proposal whereby 1850 ha was to be restored
to full Crown ownership and control. 1095 ha is now proposed for
reservation.
The mix of irregular boundaries, two distinct areas of freehold subject to covenants, and a grazing concession is messy. While we welcome the reservation of 1095 ha, we believe that the proposed freeholding of relatively high altitude lands with significant inherent values is reviewable in terms of compliance with the CPLA. However we see the other issues raised in this submission as requiring priority attention by officials.
Yours faithfully
Bruce Mason
Researcher & Co-Spokesman
Appendices:
3 A4 photos
