This page created 27 May 2002 / last modified 10 June 2002
Ps 020
Southern Garvie Mountains - Mataura Gorge
Southland Land District
Tenure review not approved by Commissioner of Crown Lands
CROWN PASTORAL LAND ACT 1998
GLENLAPA 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 Glenlapa Station Limited, lessee of Glenlapa Pastoral Lease.
Legal description of land concerned:
Pastoral lease land:
Part Lot 1 Deposited Plan 2260 contained in Land Registry Folio Reference 193/206 (Southland Registry) comprising 4471.7458 hectares.
Genera/ description of proposal:
(1) 90 ha (approximately) to be designated as land to be restored to full Crown ownership and control under Section 35 (2) (a) (ii) of the Act to be incorporated into the existing East Dome Scenic Reserve.
(2) 270 ha (approximately) to be designated as land to be restored to Crown control under Section 35 (2) (b) (ii) as a Reserve for the following purposes:
Qualified designations:
Concessions:
(i) Grazing concession to provide for ongoing grazing of the proposed Historic Reserve for a term of 30 years.
(ii) Easement concession to provide access by the holder on the line of the existing track through the proposed Scenic Reserve addition for farm management purposes.
(3) 4111 ha (approximately) to be designated as land to be disposed of by freehold disposal to the holder under Section 35 (3) of the CPL 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:
(i) An easement under Section 40 (2) (c) CPL Act to provide public foot access from the margin of the Mataura River to the proposed addition to the East Dome Scenic Reserve.
(ii) Easements under Section 40 (2) (a) CPL Act for management purposes over farm tracks to the proposed Historic Reserve and to the addition to the East Dome Scenic Reserve.
Further information including a copy of the plan, concession and easement documents and information required under Section 39 CPLA is available on request from the Commissioner's agent at the following address:
The Manager
DTZ New Zealand Limited
Land Resources Division
P O Box 27
ALEXANDRA
Phone (03) 448-6935
Fax (03) 448-9099
Submissions:
Any person or organisation may send a written submission on the above proposal to the Commissioner of Crown Lands, C/- DTZ New Zealand Limited at the above address.
Closing date of submissions:
Written submissions must be received no later than 4 June 2002.
SUMMARY OF THE PRELIMINARY PROPOSAL FOR
TENURE REVIEW OF GLENLAPA PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
(1) Details of land under consideration.
(2) The 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: Draft concession licence document for grazing Area 2.
Appendix 3: Draft easement concession for access for farm management purposes C1.
Appendix 4: Draft easement document for public foot access E3.
Appendix 5: Draft easement documents for management purposes E1 and E2.
Appendix 6: Information on concessions required under Section 39 CPLA.
(1) Details of land under consideration:
Pastoral lease:
Lease Name: Glenlapa
Lessee: Glenlapa Station Limited
Location: Balfour, Northern Southland
Land Registry Folio Ref: 193/206 (Southland Registry)
Legal Description: Part Lot 1 Deposited Plan 2260.
Area: 4471.7458 hectares
Local Authority: Southland District Council
Term of Lease: 33 years from 1 July 1990
(2) The Proposal:
2.1 To be designated as land to be restored to or retained in full Crown ownership and control as reserve:
(a) To be incorporated into the existing East Dome Scenic Reserve (under Section 35 (2) (a) (ii) CPL Act).
Area. 90 ha approximately (shown as Area I outlined in green on Plan I in Appendix 1).
2.2 To be designated as land to be restored to Crown control:
(a) As Historic reserve (under Section 35 (2) (b) (ii) CPL Act).
Area: 15 ha approximately (shown as Area 2 outlined in green on Plan I in Appendix 1).
Subject to the granting of a concession for grazing sheep and cattle within the proposed reserve under Section 36 (1) (a) CPL Act.
The terms and conditions of the concession are detailed in the concession document attached as Appendix 2.
(b) To be incorporated into the existing East Dome Scenic Reserve (under Section 35 (2) (b) (ii) CPL Act).
Area: 255 ha approximately (shown as Area 3 outlined green on Plan 1 in Appendix 1).
Subject to the granting of an easement concession under Section 36 (3) (b) CPL Act for access including vehicle access for farm management purposes on the line of the access track over the proposed reserve shown as C1 on Plan 1 (Appendix 1).
The terms and conditions of the concession are detailed in the concession document attached as Appendix 3.
2.3 To be designated as land to be disposed of by freehold disposal to person specified (under Section 35 (3) and Section 40 (1) (b) CPL Act) subject to protective mechanisms:
Person specified: Glenlapa Station Limited
Area: 4111 ha approximately (outlined pink on Plan I in Appendix 1).
Protective mechanisms as follows:
Two easements in favour of the Crown for vehicle access for conservation management purposes appurtenant to the respective proposed reserves (under Section 40 (2) (a) CPL Act) on the line of the access tracks shown as El and E2 on map (Appendix 1) on terms and conditions contained in the draft easement documents (Appendix 5).
An easement right of way for public foot access to the proposed scenic reserve (under Section 40 (2) (c) CPL Act) on a line shown as E3 on Plan I (Appendix 1) on terms and conditions contained in the draft easement document (Appendix 4).
(3) Description of Proposed Designations:
3.1 Areas I and 3: (Proposed additions to East Dome Scenic Reserve):
Area: 345 ha approximately (outlined green and shown as Areas I and 3 on map Appendix 1).
This land comprises steep hill slope above the Mataura River rising to the ridge crest at the Southern end of the Garvie Mountains. The area contains significant inherent values arising from the strongly regenerating shrublands, beech forest remnants and tussockland-q which in aggregate contribute to the ecological function of the adjacent East Dome Scenic Reserve and the naturalness of the visual corridor of the Mataura River Gorge.
The significant inherent values that will be protected as a result of this designation are described as follows:
Vegetation:
The land contains native vegetation sequences of significance for the area. Vegetation ranges from intact native shrublands along the Mataura River and gullies to largely intact tall tussock communities on sunny faces and at high altitude.
Landscape:
The forest, shrublands and tussock grasslands contribute to the natural character of the river setting and associated recreation use which adds to the quality of the recreational experience obtained from this high country landscape. The land also derives value from its landscape setting adjacent to the East Dome Scenic Reserve.
Protected Area Design:
The ecological attributes which this land contains are significantly enhanced by the presence of the adjacent East Dome Scenic Reserve which provides sufficient scale to the proposed reserve to ensure better protection of native flora and fauna and an enhanced recreation experience that can be derived from the reviewable land.
Fauna:
The area contains nationally threatened species in the form of New Zealand Falcon and Pigeon that are both ranked as Category B species for conservation.
Recreation:
The Mataura River is a nationally important brown trout fishery. The recreational experience available to fishermen visiting this area exists by virtue of the natural confirmation of the adjoining land that will be protected under this proposal. Accordingly the inherent values within the reviewable land are enhanced by this factor.
3.2 Area 2 (Muddy Terrace proposed Historic reserve):
Area: 15 hectares approximately (outlined green and shown as Area 2 on map Appendix 1).
This area comprises the terrace within the Dome Bum in the immediate vicinity of the Muddy Terrace. This site contains a water race and other historic features such as the original pipe bridge, race keepers hut, gold workings, fluming, water race systems and dams associated with gold mining in the early 20th century.
These features are historically important in that they reflect important and representative aspects of human activities in Southland high country which form part of an important wider historic cultural complex of this area.
3.3 Land to be disposed of by way of freehold disposal to the holder subject to protective mechanisms:
Area: 4111 hectares approximately (shown outlined pink on map Appendix 1).
This area comprises the majority (85%) of the reviewable land. The land comprises approximately 500 hectares land capable of productive uses requiring cultivation (NWASCO Land Use Capability Class III). This land has been mainly cultivated and established in permanent pasture. Approximately 3374 hectares of land is capable of sustaining production for pastoral or forestry purposes (classified LUC VI), most of which has been established in improved pasture by oversowing and topdressing. The balance, approximately 237 hectares, is land that has severe limitations for pastoral or forestry purposes (LUC Class VII), and is mainly above 850 metres being located along the main ridge crest of the southern Garvie Range and bush and scrub in steep gullies.
3.3.1 Protective Mechanisms:
(i) An easement to provide public foot access from the margin of the Mataura River crossing paddocks to the proposed addition to the Mid Dome Scenic Reserve (marked E3 on plan Appendix 1).
(ii) Easements for management purposes over existing farm tracks to the proposed Historic Reserve (Area 2) and to the addition to the East Dome Scenic Reserve (Area 3).
(4) The Proposal in relation to the Objects of Part 2 CPL Act:
The objects of Part 2 of the CPL Act are set out in Section 24 of the Crown Pastoral Land Act 1998 viz:
24. Objects of Part 2 - The objects of this part are:
(a) To:
(i) Promote the management of reviewable land in a way is that is
ecologically sustainable:
(ii) Subject to subparagraph (i), enable reviewable land capable of
economic use to be freed from the management constraints
(direct and indirect) resulting from its tenure under reviewable
instrument; and(b) To enable the protection of significant inherent values of reviewable land:
(i) By the creation of protective mechanisms; or (preferably)
(ii) By the restoration of land to full Crown ownership and control; and
(c) Subject to paragraphs (a) and (b), to make easier:
(i) The securing of public access to and enjoyment of reviewable land; and
((ii) The freehold disposal of reviewable land.
This proposal promotes the management of the land in a way that is ecologically sustainable by:
- Designating land as conservation area that is physically unsuitable for continued pastoral farming. Nature conservation is considered a suitable and ecologically sustainable use of that land designated for this purpose as both nutrient and energy flows are likely to be balanced under this use.
- The large majority of the land proposed for disposal on freehold title is of a quality and nature as to economically justify the development of specialist pastures and nutrient replenishment under its current use. The areas where this does not apply are of a relatively minor nature.
- Freeing land capable of economic use from the management constraints of its current tenure will allow more ecologically sustainable mixes of land use to evolve.
- Provides for a more focused and specialist management of the respective areas in accordance with their dominant use.
Subject to the above, 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. That economic use is pastoral farming.
This proposal fits the objects of the Act in that it will enable the protection of significant inherent values identified within the reviewable land by the restoration of these areas to Crown ownership and control. The portion of the land that was identified as containing significant inherent values that is not protected in this proposal is relatively minor.
Public access to and enjoyment of the land is provided for by the creation of a public access easement over the proposed freehold to proposed Scenic Reserve.
APPENDIX 1:
DOC REPORT TO COMMISSIONER
OF
CROWN LANDS ON TENURE REVIEW
OF GLENLAPA PASTORAL LEASE
PART 1: INTRODUCTION
The lessee, Glenlapa Station Ltd, has applied to the Commissioner of Crown Lands for a review of tenure. The property has been inspected and reported on by relevant DOC staff and their individual assessments have been incorporated into this conservation resources report.
Some of these individual assessments were originally undertaken in 1989 during the implementation phase of the Protected Natural Areas Programme, following survey of the Nokomai Ecological District which was completed in 1986/87. Negotiations for protection of RAPs (recommended areas for protection) arising from the survey and other areas of conservation interest resulted in 768.5 ha, ie the major part of RAP Nokomai 5, East Dome, which was located on this property being voluntarily surrendered and transferred to DOC.
This area corresponded with that part of the property which had previously been retired under a Southland Catchment Board run plan. It has since been gazetted in 1992 as the East Dome Scenic Reserve.
The reserve protects a diverse variety of native plant communities including red beech and silver beech forests on colluvial slopes, gullies and alluvial flats, subalpine shrublands and tussockland-q on colluvial slopes, scree slopes and rockfields, herb tussockland-q and herb fields on colluvial slopes and ridge crests, of particular interest are the significant scree habitats and their flora which is of biogeographic and scientific importance.
An additional area of conservation interest was also at that time agreed to be protected. This area, comprising 172 ha, is contained within a conservation covenant registered on the lease title. The covenanted land is located approximately 1 km south of the East Dome Scenic Reserve and extends from the Mataura River terraces to the crest of the main ridge which extends northwards through the property towards East Dome.
Glenlapa Pastoral Lease is a medium sized property currently covering 4486.9 ha with supporting freehold land. It is located on the southern end of the Garvie Mountains, between the Dome Burn and the Mataura River. The property is situated on Glenlapa Road, 24 hen north of Balfour in Northern Southland.
PART 2: CONSERVATION RESOURCE DESCRIPTION AND ASSESSMENT OF SIGNIFICANCE
1. Landscape Assessment
This report describes the western slopes of Glenlapa, from East
Dome Scenic Reserve in the north, down to the more rolling hill
country in the south.
Regional Context
The western slopes of Glenlapa form the final section of the Mataura River corridor, which starts at Parawa in northern Southland, then winds its way through the enclosed Nokomai Gorge and out to Cattle Flat.
The vegetation pattern is fairly typical of the district, having been modified over 100 years of pastoral farming with the darker/shady gullies and side valleys containing large amounts of regenerating forest and shrublands with tussockland-q at higher altitudes. A balance would now appear to have been struck between the country which is practical to develop into more intensive farmland, and areas which are now being allowed to regenerate back into their original state.
These western slopes form the immediate backdrop to one of New Zealand's best known brown trout fisheries, with many overseas anglers visiting this section of the Mataura River on a regular basis. This area's amenity values are well known. "Steep tawny hills enfold the sparkling river. The country is not picturesque - it is beautiful and the walking well worth it. Several days will be needed to explore the fishing around Nokomai and Cattle Flat. " (Turner, B: "The Guide to Trout Fishing in Otago". OAS, 1983).
2. Landscape Values
The slopes in the north are highly visible from the Ardlussa -
Cattle Flat Road and for local recreational users, while the southern
rolling hill country is quite a conspicuous feature in the Balfour
district. In the broader context, the more natural country at
the northern end of Glenlapa complements the characteristics contained
within the Mataura Range Scenic Reserve on the opposite side of
the valley where in places the beech forest comes down to the
valley floor.
3. Areas of Vulnerability
(a) East Dome Scenic Reserve to Conservation Covenant
For the existing landscape character to be maintained and enhanced,
the steeper and more visible slopes on Glenlapa should be managed
to enable natural succession to occur. The side slopes and regenerating
gullies between the East Dome Scenic Reserve and the existing
covenant area are included in this area of vulnerability. Apart
from recent and obvious oversowing along the dividing ridgeline,
there is a strong successional trend to woody native vegetation
occurring. To allow this block to fully regenerate would mean
that IL physical linkage between East Dome Scenic Reserve and
the covenant area is protected and enhanced.
(b) Gully System South of Covenant Area
For similar reasons, this gully with its regenerating forest should
be managed for landscape protection.
Significance of the Landscape
The western slopes of East Dome and the Mataura River corridor
with their forests shrublands and tussockland-q contribute to
the natural character of the river setting and associated recreation
use and add to the quality of the recreational experience.
2. Landforms and Geology
Glenlapa is located at the southern end of the Garvie Mountains
between the Mataura River and the Dome Burn, a major tributary
of the Waikaia River which in turn drains into the Mataura River.
The major landform feature is the massif of East Dome, a prominent Northern Southland landmark. Whilst East Dome is no longer part of the property, Glenlapa encompasses the ridge systems which lie to the south and east of this feature. These ridges have deeply incised gullies radiating off.
The geology is complex over the Ecological District with Lower Mesozoic greywackes of the Caples Group prevailing.
Soils are high country yellow brown earths (Kaikoura and Fairlight soils) derived from greywacke and greywacke detritus, argillite and semischist. Texture varies from silt loams to sandy loams and stony loams. Deeper soils formed from loess occur on terraces and rolling land with compact, pale-coloured subsoils and poor winter drainage. Small areas of well drained alluvial soils occur on Mataura and Dome Burn river flats. These recent soils are of the Mataura group comprising alluvium from schist and greywacke parent material.
Significance of the Landform
The East Dome massif is a highly significant landform feature
in northern Southland.
3. Climate
The Nokomai Ecological District is characterised as cool and temperate,
with rainfall varying from 800 mm pa at low altitudes and up to
2000 mm pa at higher altitudes. NW and SW winds prevail. Snow
may lie above 800 m altitude for weeks in winter after S-SW blizzard
conditions.
4. Vegetation
(i) General Description
Lower easier parts of the property have been extensively oversown
and topdressed and subdivided. Improved pasture and modified lowland
short tussockland occurs on foothills, with Chionochloa rigida
tall tussockland-q occurring generally above 800 metres. Some
cultivation has occurred on river flats. Manuka and other native
shrubland species are regenerating strongly on south facing slopes.
Scattered pockets of beech forest occur in dissected gullies which are old fire refuges. The beech species is mostly silver beech with some red and mountain beech, the larger remnants occurring in gullies facing the Mataura River. The Dome Burn has a residual but broken ribbon of beech forest along its margins.
At higher altitudes, shrubland communities occur, dominated by Dracophyllum longifolium and Brachyglottis revolutus.
Rock bluff communities arc restricted to a few sites above 900 metres and include Dracophyllum longifolium and Brachyglottis revolutus with other shrub and herb species.
(ii) Major Communities
The most intact and diverse areas of native vegetation are located
in the gullies and river faces to the south, west and north of
Trig J. This ridge and gully system west of Trig J is currently
protected by a section 77 Reserves Act conservation covenant.
It comprises one block of 172 ha with a limited amount of grazing
(300 sheep for 6 months) of the tall tussockland-q provided for
in the covenant agreement. The altitude range is 240 m to 990
m asl.
The vegetation contains the following broad types:
a Lowland Zone (240 - 330 m asl)
Moderately steep (25 degree) colluvial slopes of southerly aspect.
The two main forest communities consist of silver beech dominant
with a small component of red beech, and marble leaf (Carpodetus
serratus), Coprosma linariifolia, pepper tree, (Pseudowintera
colorata), broadleaf (Griselinia littoralis) and Coprosma crassifolia.
Ground tiers are dominated by the fern Blechnum discolour.
Litter cover is moderately high and rock and bare ground are negligible.
There is a strong regeneration trend evident to woody vegetation
in the absence of burning.
b Subalpine Zone (330 - 990 m asl)
The beech forest diminishes in size but silver beech continues
to dominate, with some mountain beech as a minor canopy component,
rising to a timberline at 840 metres Species richness is moderate,
enhanced by some of the habitat being inaccessible to introduced
herbivores, with species such as inaka (dracophyllum longifolium),
Coprosma parviflora, C. rhamnoides, C. ciliate, C. cuneata, three
finger (Pseudopanax colensoi), broadleaf, Hebe salicifolia, H.
rakaiensis and Brachyglottis buchananii plus the herbs Hymenophyllum
sanguinoleunum, Asplenium terrestre, Brachyglottis southlandica,
Astelia nervosa and Uncinia clavata recorded.
Mid altitude moist tussockland and shrub-tussockland occur from 790 metres to 980 metres asl. These vegetation communities occur on moderate to steep slopes of varying aspect. Prominent shrub canopy species include mountain flax (Phormium cookianum) Coprosma ciliate, C. rigida, inaka (Dracophyllum longifolium) and narrow leafed snow tussock (Chionochloa rigida). Within the snow tussockland, prominent species to be found include Gaultheria antipode, mountain tauhini (Cassinia vauvilliersii), Hebe odora, turpentine scrub (Dracophyllum uniflorum), Aciphylla glaucescens, Celmisia verbascifolia, C. semicordata v. aurigans, Brachyglottis southlandicus, blue tussock (Poa colensoi), snowberry (Gaultheria depressa) and Hebe propinqua.
The vegetation and flora of typical rock bluffs at 900 metres asl and above include Grammitis poeppigiana, Hebe biggarii, Anisotome cauticola, turpentine scrub, inaka, and Myrsine nummularia.
These communities and species are also well represented in the East Dome Scenic Reserve, which because of its greater size and altitude, contains more extensive examples of these ecological features. The covenant area due to its maximum altitude of only 990 metres, does not contain examples of herbfields and screes, which feature significantly in the reserve.
The native vegetation contributes to the landscape character of this part of the Mataura Valley and its forested hill slopes. In the absence of burning, woody vegetation is regenerating strongly at lower altitudes in particular. Oversowing and topdressing has occurred in the tussockland in the upper part of the southern most gully below 800 metres.
Significance of the Vegetation
Native vegetation sequences on the faces and gullies adjoining
the Mataura River and the East Dome Scenic Reserve are the most
significant botanical feature on the property. These sequences
are largely intact and where disturbance has occurred, strong
regeneration is evident especially at lower altitudes where the
trend is towards woody vegetation and ultimately a forest community
would develop. Whilst oversowing and top dressing of some mid
altitude tussockland-q has occurred, the tall tussockland vegetation
is still largely intact.
5. Fauna
(i) Terrestrial
(a) Vertebrates
In forest remnants native bird species include grey warbler, brown
creeper, bellbird, South Island tomtit, New Zealand Pigeon, fantail
and silvereye plus introduced species such as blackbird, chaffinch
and redpoll.
In 1980, the New Zealand Wildlife Service Fauna Survey Unit, assessed the covenanted forest remnant and recorded the above species and ranked the habitat as moderate in importance.
Birds of open country include New Zealand pipit, skylark starling, song thrush, harrier, goldfinch and the occasional New Zealand falcon. The alluvial flats of the Mataura Valley recorded black fronted tern, paradise shelduck, and South Island pied oystercatcher.
(b) Invertebrates
Apart from the summit area of the East Dome Scenic Reserve (RAP
Nokomai 5), none of the pastoral lease has been surveyed. There
is no information available from any sources.
(ii) Aquatic
(a) Vertebrates
The Mataura River has been recognised by the Planning Tribunal
and more recently by the High Court as a river on which there
should be gazetted a National Water
Conservation Order to protect its brown trout fishery. There
is no dispute that
these particular waters in the reach adjacent to Glenlapa meet
the strict
requirements of a National Water Conservation Order. The Dome Burn is an important trout fishing stream. There are no records of the presence of native fish species in these watercourses adjacent to Glenlapa.
The Garvie Burn is important for trout spawning and contains two native fish species, the common river galaxis and the upland bully.
(b) Invertebrates
No survey information is available from these or any minor tributaries
draining the property.
Significance of the Fauna
Two nationally threatened species of native birds have been recorded
from the property, namely New Zealand Pigeon and New Zealand Falcon.
Both species are ranked as category B which means they are second
priority species for conservation (ref: "Setting Priorities
for the Conservation of New Zealand's Threatened Plants and Animals"
Molloy and Davis, 2nd edition, October 1994").
The Mataura River is an internationally recognised brown trout fishery.
6 Historic Values,
Archaeological and Historic Features
No archaeological evidence of early pastoralism was found on Glenlapa,
which was originally part of Hyde Home Station.
Evidence of a pack track with two routes from the Southland Plains to Nokomai is still clear on the ground, though parts of the original formation on Glenlapa have been modified for use as a farm track. Last century the track provided a more direct and more open route from Southland to Nokomai, the Nevis and ultimately Central Otago than did the bogs and forests of the valleys. The fact that it climbs to 4000 feet over East Dome indicates how difficult travel in the valleys must have been. It is likely that the line on the ground over East Dome and beyond is still visible.
The remains of a flax mill on the Mataura boundary of Glenlapa is interesting. Flax milling was an important New Zealand industry from the 1860s onwards, with a maximum of 177 mills throughout New Zealand exporting about 21,000 tons of fibre per year in the 1890s. Southland had a large flax milling industry in the early part of this century, and a mill still survives at Otaitai Bush. After 1950 flax fibre was gradually replaced by jute and then synthetics. It ceased to be used for woolpacks in 1972 and the industry collapsed. The mill sites seem to have been very vulnerable, and it is usually impossible now to find even a trace of most mills. The only trace known on Glenlapa is some rusting machinery and concrete foundations.
Gold mining proper occurred in the Dome Burn and consists of about 10 discrete sets of river edge sluicings. Each consists of one or more small sluice pits, worked into the river edge gravels which lie on terraces varying in height from 4 metres above the river level in the lower valley to 12 metres in the upper valley. The sluice hollows also become deeper in the upper valley, with overburden of only 1.5 m in the lower valley and up to 7 m in the upper valley. The sluice pits are seldom more than 20 m long and many are only 4 m across. Faint races can still be discerned running from side creeks through the long grass on the terraces to the heads of the pits. Shallow reservoirs are to be found on some of the terraces and the foundations of one or two stone chimneys at the larger sites.
There was no way of distinguishing any of the sites as early (say 1870s) or late (say 1930s). The fundamentally simple technology used over the whole period means that physically the sites all look alike. Only excavation for dateable artifacts would provide useful evidence of when the sites were formed. Their intactness and setting make these interesting sites for visitors to discover. They arc however not visually impressive and of minor social and technological importance.
The other historic feature in the Dome Burn is of considerably more value. Muddy Terrace Race is one of the largest mining races in Otago and Southland in terms of volume. Its trench is about 4 feet deep, 6 feet across the bottom and widening to 9-12 feet across the top. Rights for 40 heads of water were taken out but the diameter of the pipe used to carry the race across the Dome Burn (about 30 inches) suggests about 30 head capacity. It has a fall of one foot in about 850 feet over about 15 miles (23 km).
Only three or four other mining races in Otago and Southland are known to be comparable in size. The Mount Ida Race to Naseby is longer (about 70 kilometre-q), but not so large. Ports Race in the Longwoods to Round Hill, the Tinkers Gold Mining Company race from lower Thomsons Gorge to Matakanui and some of the large races in the upper Nevis, designed more for hydro power than mining, are similar in length and volume
The gentle fall of the Muddy Terrace race has dictated the position of the race along the river bank and has resulted in some major works to keep it up to level. The deep trench enclosing the river encouraged the race builders to start with a full dam across the river when the race was first built in 1907-9, but when this washed away in 1913 they shifted to a weir about 600 metres upstream. This forced them to carry the race in a pipe bridge across the Dome Burn in a location where a massive berm 100 m long was required to separate the race from the river. The berm was constructed with rock taken from a rock face about 500 m downstream. To transport the rock a light railway was installed to run a truck along. The section of the race (about 4 kilometre-q) through Glenlapa is largely intact with some major rock cuttings and revetment work near the southern boundary. It has been heavily overgrown with scrub, but Sutherland (1992) reported major fluming and rock cuttings in the scrub.
Three racekeepers' huts were built along the race, of which only the top one survives. It is fully built of sods on stone foundations, 5.5 x 4 metres, with a stone paved floor. It is unusual to find a hut built only of sod and with no shuttered cob or mud bricks in its walls. Work done on it in the latter half of this century has replaced the roof, chimney wall and door. Though no longer of such historic value as it would have been in its original state, any racekeeper who had occupied it would have heartily approved of the modifications.
The workings which the race runs to are still visible on a terrace above Freshford but were not visited. The Muddy Terrace company operated from 1907 to 1925, taking two years to build the race. In 1910-11 they sluiced more than 30 acres of ground and probably nearly as much in many of the following years. The workings on the flat were back filled but at least one elevator hole is visible from the road. The workings on the top of the terrace must be massive. For all their efforts it is doubtful if the company paid a dividend because of a heavy debt load from building the race, the final of cost of which was more than £30,000. The race was used intermittently and unsuccessfully during the 1 1930s for elevating below the lower gorge of the Dome Burn, and the last known date of use was 1939. Under the high rainfalls of Southland it was not needed for irrigation.
Significance of the Historic Values
The Muddy Terrace race is sufficiently intact over the upper section
and its course still clear enough over much of the lower section
to provide interesting information on its construction. The system
of massive sluicings which it created are still partly intact
on the upper terraces at Freshford. It is historically significant
for its size and complex engineering. Though constructed after
1900 the technology used, both on the race and on the surviving
hut, are typical of nineteenth century gold mining The whole system
is totally unprotected under the Historic Places Act 1991.
7 Existing Land Status
(i) Marginal Strips
A marginal strip derived from section 58 Land Act 1948 exists
along the true left bank of the Glenlapa frontage with the Mataura
River. The strip, because it was created under this earlier legislation,
does not move with changes in the river channel as do marginal
strips created under Part IVA of the Conservation Act 1987.
There is no marginal strip along the lease frontage with the Dome Burn even though one exists on the Glenaray side of the creek. Marginal strips exist on both sides of the creek upstream of Glenlapa, ie, between Nokomai and Glenaray Stations and downstream of Glenlapa, ie, between Glenaray and Moonlight Stations.
(ii) Legal Roads
Glenlapa Road, a formed legal road, provides access to the southern
boundary of the pastoral lease. There are no other legal roads,
either formed or unformed within the pastoral lease.
(iii) Unallocated Crown Land
A narrow strip of unallocated crown land exists adjacent to the
south eastern boundary of the pastoral lease in the Dome Burn.
This land contains part of Muddy Terrace water race. The land
is administered by Land Information New Zealand.
8 Recreation/Access
Little recreational use appears to be made of the pastoral lease What use that does occur tends to focus on the Mataura River for fishing. The river has an international reputation as an outstanding fishery and there is action underway to see a National Water Conservation order gazetted over it to protect the brown trout fishery. Some limited access and use of the existing marginal strip occurs. More importantly, the two wheel drive standard farm track along the river terrace is used, by arrangement with the lessee, to gain access to the upper reaches of the river. Two foot access routes off this track are used to get to the riverbank.
The 2WD track also provides for good vehicle access to near the covenant lower boundary. Limited use of the Dome Burn by anglers also occurs. The stream is an important trout fishery.
9 Existing Management
(i) Wilding Pines
Glenlapa and East Dome Scenic Reserve lie southeast of the main
Pinus contorta infestation on the nearby Mid Dome. Wilding pines
are already well established on the intervening upland grasslands
and some evidence of spread across the river is apparent. Infestation
is currently limited to scattered trees but unless a concerted
control programme is put in place and rigorously pursued, it is
inevitable that upland grasslands on Glenlapa and the reserve
will become infested.
(ii) Noxious Weeds
Broom is well established in the Dome Burn catchment especially
along the berm margins of the main creek.
Along the lower river terraces adjoining the Mataura River, gorse is a significant weed problem.
Other problem plant species include matagouri and manuka on developed hill country.
(iii) Animal Pests
Rabbits occur in moderate numbers along the Mataura River terraces
but existing pest control is effective in limiting their numbers.
Possums and red deer occur in low numbers and do not present a management concern for conservation.
(iv) The lower river terrace boundary of the East Dome Scenic Reserve is unfenced. Proposals to develop terrace land to pasture will put stock pressure on the reserve vegetation. Approximately 1700 metres of new boundary fence will be required to exclude stock from the reserve if development proceeds
PART 3: CONSULTATION
A discussion on Southland Fish and Game Council interests occurred with Maurice Rodway, manager of the council on 26 April 1995.
Written comments have also been received from the Southland Fish and Game Council, a copy of which is attached. (See letter dated 12 July 1995).
The key concerns of the council are as follows:
In discussion with DOC staff on 26 April 1995, council staff also identified a need for marginal strips along the Garvie Burn through pastoral lease and existing freehold held by Glenlapa. It was also suggested that the existing berm fencing along the Dome Burn be adopted as the marginal strip boundary.
An NGO early warning meeting occurred in Invercargill on 29 November 1995. In attendance were representatives of the Southland Fish and Game Council, New Zealand Royal Forest and Bird Protection Society and Southland Tramping Club.
Key points raised by this group are:
PART 4: JUSTIFICATION AND RECOMMENDATIONS
Glenlapa pastoral lease is a property which has largely been developed to an intensive farming operation, reliant on improved pastures. There are however parts of the property which, because of constraints such as altitude, aspect and native forest cover, have not been developed to the same extent. These areas extend southwards from the southwestern boundary of the East Dome Scenic Reserve, along the Mataura River faces to include the gully west of the airstrip.
There are important requirements for access to the east bank of the Mataura river and to existing and proposed conservation lands that need to be addressed.
Additionally a significant historic feature, the Muddy Terrace water race and associated structures exist and warrants recognition.
The following areas of high inherent value warrant protection:
1 Mataura River Faces
The protection of this area is based on the following justification:
-
a Landscape
This area extends southwards from the southwestern boundary of
the East Dome Scenic reserve along the Mataura river faces and
gullies. It includes the forested gully west of Trig J. The western
slopes of East Dome and the Mataura River corridor with their
forests, shrublands and tussockland-q contribute to the natural
character of the river setting and associated recreation use and
add to the quality of the recreational experience.
b Vegetation
Native vegetation sequences on the faces and gullies adjoining
the Mataura River downstream of the East Dome Scenic Reserve are
the most significant botanical feature on the property. These
sequences are largely intact and where disturbance has occurred
strong regeneration is evident especially at lower altitudes where
the trend is towards woody vegetation and ultimately a forest
community. Tall tussockland vegetation is still largely intact
despite some oversowing and top dressing below 800 metres.
c Protected Area Design
Whilst there are no species and communities present not already
represented in the adjoining East Dome Scenic Reserve, the acquisition
of this area can be justified on the grounds of deficiencies in
the design of the boundaries of the existing scenic reserve. The
southern boundary of the reserve conforms with that selected for
the RAP Nokomai 5 during the PNAP survey and largely was based
on representativeness criteria. This resulted in the adoption
of the forest margin as the southern boundary which cuts in half
the largest catchment that drains off East Dome into the Mataura
River.
The reserve boundary is unfenced and the forest margin cannot be readily protected from adverse impacts such as intensive grazing and probably burning to control shrubland regeneration on the adjacent predominantly shrub and tussock covered southern part of this catchment.
The adoption of ridgelines to protect sensitive natural and catchment values is the most effective long-term strategy for protected area management. The protection of this southern part of the catchment will therefore benefit both the existing scenic reserve as well as the remaining area of relatively intact native vegetation sequences along the Mataura River Faces.
This area also consolidates an expanded protected natural area
by expanding to encompass the existing conservation covenant.
The river faces between the covenant and the existing reserve
display the greatest disturbance of native vegetation sequences
but shrubland regeneration is very strong and given time and the
removal of burning and grazing, vegetation should eventually return
to a more natural forest/shrubland sequence. The shrubland communities
have current intrinsic value also. Shrubland communities may provide
good habitat for mobile invertebrate and bird species and potentially
enhance unsurveyed native faunal elements.
d Fauna
Nationally threatened species are present, ie New Zealand Falcon
and New Zealand Pigeon which occur in suitable habitats on the
Mataura River faces and gullies as well as the East Dome Scenic
Reserve. These species continued existence will be enhanced by
protection of more suitable habitat. Both species are ranked as
Category B species for conservation. Improved protected area design
would also increase the suitability for reintroduction of recently
lost mohua (Mohoua ochrocephala) (Foord 1995), a species
ranked Category B for conservation. M Foord (1995) The Waikaia
Forest Mohua Survey 1995, Ornithological Society of New Zealand,
Newsletter 77.
e Recreation
The Mataura River faces and gullies with their predominantly natural
character enhance the recreation setting of the Mataura River
fishery. Also there is the potential for a future short walk into
the beech forest (covenant) at the road end near the river as
well as the possibility of improved public access to the East
Dome Scenic Reserve and to East Dome summit. The lack of practical
access currently limits use of this large reserve.
Land Status Sought
Retention in Crown ownership and transfer to DOC as an addition
to the East Dome Scenic Reserve. Vehicle access easements for
DOC management purposes will be required along the designated
farm track off Glenlapa Road and along the farm access track along
the Mataura River terraces.
The acquisition of this area on the boundaries proposed will partly avoid the need for any fencing of the upper boundary of the existing East Dome Scenic Reserve. All proposed boundaries except for that adjacent to the top river flat are already fenced. The top river flat boundary may require 1.7 km approx. new fencing given the landholders intentions for development in this area. Some gorse occurs on lower hill slopes and on this river flat but is not considered to be a threat to conservation values.
A major farm access track exists along the main ridge, ie the eastern boundary of this proposed conservation land. The track in part is located within this proposed conservation land and an easement may need to be granted to the landholder for farm access purposes. The gully system south of the existing covenant was identified as being important for landscape protection. The gully contains two small discontinuous beech forest remnants, part of the property's airstrip and extensive developed ridges. Because of these factors, conservation protection and management would be difficult to justify and implement and therefore this gully system has not been incorporated into the protected area proposal.
2 Recreation Access
The 2WD standard farm access track extending from the end of Glenlapa
Road to near the lower part of the conservation covenant along
the river terraces provides good access. Use is mainly by anglers
who gain access to the river via two foot access routes. Use of
the track is by permission only.
The tenure review provides the opportunity to negotiate a legal right of way for vehicle access over this track and the foot only access routes to the river. Foot only access would also be desirable along the 4WD farm track extension which runs further upstream towards the East Dome Scenic Reserve. Currently there is a lack of defined access which limits public use of the reserve A short length of easement is required to gain foot access to the covenant area, which could increase the opportunities for future walking/tramping.
At present, the only legal access on the south side of the Mataura River is the marginal strip.
The 2WD farm access track could be suitable for adoption as legal road and Southland District Council should be approached to ascertain whether it would accept this responsibility.
Land Status Sought
The 2WD farm access track from Glenlapa Road to the lower covenant
boundary should become legal road. If the council will not accept
this responsibility, then a fallback position would be the creation
of a section 7(2) Conservation Act easement to provide for public
foot access, and vehicle access only being available with landholders'
permission.
The two short river access routes, the easement to the covenant area and the longer upstream extension along the river terrace towards the East Dome Scenic Reserve should become section 7(2) Conservation Act easements to provide for public foot access.
Management/Boundary Notes
The District Council is to be requested to take over the legal
responsibility for this proposed legal road. The issue of maintenance
is a separate issue but will need to be discussed with the council
at the same time.
The formation and alignment of the track is of a sufficiently high metalled standard now that future maintenance is not seen as a major cost.
The two access routes down to the river would primarily benefit anglers The Southland Fish and Game Council should assume responsibility for signposting and defining these routes.
DOC will assume responsibility for signposting and defining the foot access easement which extends upstream towards the East Dome Scenic Reserve, and the foot access easement to the existing covenant lower boundary.
3 Marginal Strips
A former section 58 Land Act 1948 originated marginal strip exists
along the true left Mataura River bank. This marginal strip is
fixed and does not move with any changes in the channel of the
watercourse. The Mataura River is recommended for protection by
a National Water Conservation Order due to its outstanding international
reputation as a brown trout fishery. Legal riverbank access is
crucial to enable public use and enjoyment of this resource. It
is proposed to negotiate during the tenure review the replacement
of this unmoveable marginal strip with a moveable marginal strip
under Part IVA Conservation Act 1987.
The Glenlapa Station frontage along the Dome Burn warrants a marginal strip being created. There is already a marginal strip along the Glenaray frontage of this section of the watercourse. Marginal strips exist along both banks of the creek upstream of the Glenlapa boundary.
Considerable berm fencing along the creek was erected as a component of a former Southland Catchment Board run plan being completed on the property. It is understood that it was intended to use this berm as a marginal strip but this action was never followed through.
It is also possible that the lower part of the Garvie Burn may be sufficiently wide to warrant marginal strips being laid off. The Garvie Burn flows through Glenlapa freehold and for some reason, no section 58 Land Act marginal strips were created at the time of freehold title being issued. The Southland Fish and Game Council are particularly keen to see marginal strips created and are anxious that the matter be considered as part of the pastoral lease tenure review negotiations.
Land Status Sought
For habitat protection and public access reasons, a moveable Part
IVA Conservation Act 1987 marginal strip should replace the existing
unmoveable section 58 Land Act marginal strip along the Mataura
River frontage. A Part IVA Conservation Act 1987 marginal strip
should also be created along the Dome Burn and marginal strips
along the Garvie Burn if possible and extending down stream through
existing Glenlapa freehold.
Management/Boundary Notes
The Dome Burn marginal strip may need to be wider than 20 metres
along that section of the creek adjacent to the Muddy Terrace
water race unallocated crown land. A normal 20 metre wide marginal
strip may leave small parcels of land between it and the water
race land. The land between the water race land and the creek
contains important historic sites associated with early gold mining
Section 24(6) Conservation Act 1987 should be used to justify
this action being taken.
Where the existing berm fencing is more than 20 metres from the creek upstream of the unallocated crown land, it is suggested that the berm fencing be adopted as the boundary of the new marginal strip.
5 Muddy Terrace Water Race
This is the most important feature of historic value recorded
on Glenlapa. This section of the race through Moonlight Station
has been destroyed by bulldozing to create a farm access track.
The race cannot be protected under the Historic Places Act as
an archaeological site prior to 1900 and requires some appropriate
form of protection. It has been surveyed out of the pastoral lease
from the pipe bridge to the Glenlapa boundary but not beyond,
and since the licence for it has lapsed, the surveyed strip is
now unallocated crown land.
The historic value of the race is sufficient reason for the land on which it lies to be allocated to DOC. The physical protection of the race would be enhanced if the land between the race and the Dome Burn were also acquired by the department. This land contains the racekeepers hut and two small sets of workings. See comments under section 3 Marginal Strips above.
An additional small part of the pastoral lease should be acquired to protect the rail embankment associated with the Muddy Terrace water race as well as a small water race nearby. This area of land is located adjacent to the northern end of the unallocated crown land.
The area is defined on the attached sketch plan Map 3a taken from Hamel's report.
The historic value of the race and its associated features should be noted in the DOC Southland Conservancy CMS inventory.
The whole system should be registered as a historic place with the New Zealand Historic Places Trust, including the whole length of the race, the existing racekeepers hut and the big sluice pits and elevator ponds at Freshford.
Registration will provide the local body with reasons and the powers for protecting the whole system (especially where it lies on privately owned land) during resource consent processes. It can be registered as an archaeological site, with each section of the race, hut and major workings that are under different ownership listed as separate items. The system's significance should be justified under the headings historical, archaeological and technological. This work would be best done by staff of the Invercargill office of the department, since they have access to the appropriate Land Titles Office. The inclusion of the Freshford sluice pits and elevator ponds will require further field work, to at least locate the more important ones on land titles.
The only other historic site warranting further consideration are the remains of part of the flax mill on the Mataura River terraces above the homestead. This feature is associated with related remains on the opposite side of the river, on Cattle Flat pastoral lease.
The Glenlapa flax mill remains may need to be reconsidered for protection following a detailed assessment of the Cattle Flat remains which will be undertaken when that property undergoes tenure review. The Glenlapa part of the mill should merely have its existence noted at this stage.
Land Status Sought
The Muddy Terrace water race is located on the strip of unallocated
crown land in the Dome Burn. This land, due to the significance
of the historic features present, should be allocated to DOC as
conservation area. A vehicle access easement for DOC management
purposes is required over an existing farm track.
The small area of pastoral lease containing the associated rail embankment and a small water race, adjacent to the northern end of the unallocated crown land should be retained by the crown and transferred to DOC as conservation area.
Management/Boundary Notes
Both of these areas of land are fenced into the property. Whilst
cattle trampling can damage fragile historic features, those features
present are considered to be robust enough to withstand current
stocking levels. If there is a change in the grazing management
of these areas in the future, fencing to exclude cattle would
need to be considered.
Broom is a major infestation along the water race unallocated crown land.
6 Lessees' Support for Conservation
In 1989, the lessees voluntarily surrendered for conservation
the East Dome retirement area on the property. This area contained
the important RAP Nokomai 11. The lessees received no compensation
from the Crown for this act of goodwill. This generosity should
be acknowledged by the Commissioner of Crown Lands in establishing
the cost to the lessee of undergoing tenure review.
7 NGO Consultation
NGOs consulted primarily raised concerns about the need for improved
public access to the East Dome Scenic Reserve along the Mataura
River terraces and the need to make the 2WD farm access track
a legal road, with foot access at strategic points to the Mataura
River. Requirements for marginal strips were also raised along
the Mataura River and Dome Burn frontage.
The concerns raised are all generally supported by DOC except for the proposal to replace the section 58 Land Act marginal strip along the Mataura River with a Part IVA Conservation Act marginal strip. Legal advice indicates that this is not possible under existing legislation. A Part IVA Conservation Act marginal strip will automatically be laid off along the river where the channel no longer conforms to the fixed location of the section 58 strip. The section 58 strip would remain in its entirety.
GLENLAPA PASTORAL LEASE TENURE REVIEW
REVISED CONSERVATION RESOURCES REPORT
RECOMMENDATIONS (June 1999)
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.
4.1.2 Note that statutory consents will be required before the
CCL can include (in the preliminary proposal for this tenure review)
the designation set out in paragraph
4.2.5.1 below.
4.1.3 Note that any disposition of land by the Crown will be subject
to the relevant provisions of Part IVA Conservation Act 1987.
4.2 PROPOSALS AND JUSTIFICATION
4.2.1 Land to be Restored to or Retained in Pull Crown Ownership
4.2.1.1 Name: Addition to East Dome Scenic Reserve
Existing Status Pastoral Lease, part subject to a section,
7 Reserves Act 1977 conservation covenant
Authority: Section 35(2)(a)(ii) Crown Pastoral Land Act
Proposal
To restore approximately 556 ha of land along the Mataura River
faces to full Crown ownership as an addition to the East Dome
Scenic Reserve, under DOC administration. Grazing is to cease
from the time of transfer to DOC.
The boundary around the top river flat may require additional fencing. Approximately 1.7 km of new fencing is required.
Description
The area comprises part of the balance of the catchment adjacent
to the southern boundary of the existing scenic reserve the Mataura
River faces and the large catchment which runs west of Trig J.
Its strongly regenerating shrublands, beech forest remnants and tussockland contribute to the naturalness of the visual corridor of the river gorge.
Justification
The land is characterised by:
1 Areas which alone or collectively sustain the special natural
quality and integrity of the high country landscape! especially
the indigenous component.
2 Areas which sustain the most culturally c valued attributes
(eg, Maori, scenic, aesthetic, recreational and historic) and
their context within a natural high country landscape.
3 Habitats of threatened species (including those which are regional!''
threatened).
4 Areas which make a special contribution to the overall quality
natural functioning and ecological integrity of significant values
(eg, linkages, buffers, etc) whether in their present or potential
state.
5 Settings of high natural or historic value for outdoor recreational
opportunities in the high country.
a Landscape
The area extends southwards from the south western bounder'
of the East Dome Scenic Reserve along the Mataura River faces
and gullies. It includes the forested gully west of Trig J. The
western slopes of East Dome and the Mataura River corridor with
their forests, shrublands and tussockland contribute to the natural
character of the river setting and associated recreation use and
add to the quality of the recreational experience of this high
country landscape.
b Vegetation
Native vegetation sequences on the faces and gullies adjoining
the Mataura River downstream of the East Dome Scenic Reserve are
the most significant botanical feature on the property. These
sequences are largely intact and where disturbance has occurred
strong regeneration is evident, especially at lower altitudes
where the trend is towards woody vegetation and ultimately a forest
community. Tall tussockland vegetation is still largely intact
despite some oversowing and top dressing below 800 metres.
c Protected Area Design
Whilst there are no species and communities present not already
represented in the adjoining East Dome Scenic Reserve, the acquisition
of this area can be justified on the grounds of deficiencies in
the design of ;the boundaries of the existing scenic reserve.
The southern boundary of the reserve conforms with that selected
for the RAP Nokomai 5 during the PNAP survey and largely was based
on representativeness criteria. This resulted in the adoption
of the forest margin as the southern boundary which cuts in half
the largest catchment that drains off East Dome into the Mataura
River.
The reserve boundary is unfenced and the forest margin cannot be readily protected from adverse impacts such as intensive grazing and probably burning to control shrubland regeneration on the adjacent predominantly shrub and tussock covered southern part of this catchment. The adoption of ridgelines to protect sensitive natural and catchment values is the most effective long-term strategy for protected area management. The protection of this southern part of the catchment will therefore benefit both the existing scenic reserve as well as the remaining area of relatively intact native vegetation sequences along the Mataura River faces.
This area also consolidates an expanded protected natural area by including the existing conservation covenant.
The river faces between the covenant and the existing reserve display the greatest disturbance of native vegetation sequences but shrubland regeneration is very strong and given time and the removal of burning and grazing, vegetation should eventually return to a more natural forest/ shrubland sequence. The shrubland communities have intrinsic value also. Shrubland communities may provide good habitat for mobile invertebrate and bird species and potentially enhance unsurveyed eyed native faunal elements.
The proposal will make a special contribution to the overall quality, natural functioning and ecological integrity of significant values in their present and potential state.
d Fauna
Nationally threatened species are present, ie, New Zealand
falcon and New Zealand pigeon which occur in suitable habitats
on the Mataura River faces and gullies as well as the East Dome
Scenic Reserve. These species' continued existence will be enhanced
by protection of more suitable habitat. Both species are ranked
as Category B species for conservation (Molloy and Davis 1994).
Improved protected area design would also increase the suitability
for reintroduction of recently lost mohua (Molloua ochrocephala)
(Foord 1995), a species ranked Category B for conservation:
M Foord (1995) The Waikaia Forest Mohua Survey 1995, Ornithological
Society of New Zealand, Newsletter, 7.
e Recreation
The Mataura River faces and gullies w with their predominantly
natural character enhance the recreation setting of the Mataura
River fisher. Also there is the potential for a future short walk
into the beech forest (covenant) at the road end near the river
as well as the possibility of improved public access to the East
Dome Scenic Reserve and to East Dome summit. The lack of practical
access currently limits use of this large reserve
Management and Boundary Issues
The acquisition of this area on the boundaries proposed will partly
avoid the need for any fencing of the upper boundary of the existing
East Dome Scenic reserve. All proposed boundaries except for that
adjacent to the top river flat are already fenced. The top river
flat boundary may require 1.km approx. of new fencing given the
landholder's intentions for development in this area Some gorse
occurs on lower hill slopes and on the river flats but is not
considered to be a threat to conservation values.
The existing 172 ha conservation covenant over the large catchment west of Trig J will be extinguished and replaced with full Crown ownership and control as conservation area. The covenant does not provide sufficient protection of these significant inherent values.
4.2.1.2 Name: Muddy Terrace Historic Reserve
Existing Status: Pastoral lease and unallocated Crown
land (water race)
Authority: Section 35(2)(a)(ii) Crown Pastoral land Act
Proposal
To restore to full Crown ownership and control approximately 15
ha of land ex pastoral lease and retain approximately 3 ha in
Crown ownership and control ex unallocated Crown land (water race)
to create the Muddy Gully Historic Reserve, under DOC administration.
Approximately 2 hen of cattle fence should be erected along the
water race boundary to limit grazing to sheep only.
Description
The proposal will protect a variety of historic features and part
of the Muddy Terrace water race, associated with early 20th century
gold mining in the Waikaia Valley. The proposal is located adjacent
to the Dome Burn on the eastern boundary of the property.
Justification
The complex of historic features v warrants protection as proposed
for the following reasons:
The features cannot be protected under the Historic Places Act as an archaeological site as they do not pre-date 1900.
The water race has been surveyed out of the pastoral lease from the pipe bridge to the Glenlapa boundary, but not beyond. Since the water race licence has expired, the surveyed strip is now unallocated Crown land. The land contains a racekeeper's hut, two small sets of workings, embankment for small railway, main and secondary races and there are dam sites and iron piping suspended over the creek and comprises an intact mining system.
Management and Boundary Issues
The water race and Dome Burn margins are infested with broom,
which extends both upstream and downstream of the proposal.
The whole system should be registered as an historic place within the New Zealand Historic Places Trust, including the whole length of the race, the existing racekeepers and the big sluice pits and elevator ponds at Freshford.
Registration will provide the local body with reasons and the powers for protecting the whole system (especially where it lies on privately owned land) during resource consent processes. It can be registered as an historic place, with each section of the race, hut and major workings that are under different ownership listed as separate items. The system's significance should be justified under the headings "historical", "archaeological" and "technological". This work -would be best done by staff of the Invercargill office of the department, since they have access to the appropriate Land Titles Office. The inclusion of the Freshford sluice pits and elevator ponds will require further field work, to at least locate the more important ones on land titles.
There is a need to exclude cattle from the proposal to avoid the risk of damage to the historic features, particularly if cattle grazing on the adjoining land increases. Some continued grazing by sheep only will help to control broom. The grazing available in the proposal is not considered sufficient to warrant the issue of a grazing concession.
4.2.2 Land to be Restored to or Retained in Crown Control
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: East Dome Scenic Reserve Access Easement
(River Flats route)
Existing Status: Pastoral lease, freehold
Authority: Section 40 (1)(c)) Crown Pastoral Land Act
Proposal Description
a. To provide for public vehicle and foot access along the 2WD
farm access track from the end of Glenlapa Road along the river
flats to the road end at the mouth of the gully which runs west
from Trig J. Preferably this access should become legal road but
if agreement cannot be reached between the parties, including
the local authority, then an alternative would be to apply a section
7(2) Conservation Act 1987 easement. The easement is to link with
the marginal strip at the 2WD road end. The easement will provide
for public foot access and public vehicle use by arrangement with
the landholder. This proposal is shown as Easement 1 on Map 3
(Boundaries). The easement is to be in favour of the marginal
strip.
b. From the 2WD farm access track end, the same easement is to
be extended along the 4WD farm access track to the scenic reserve
boundary at the top river flat. This section of the easement is
to provide for public foot access.
c. A short section of easement is also required from the end of
the 2WD farm access track to the proposed scenic reserve boundary
near the mouth of the catchment west of Trig J. This easement
should be limited to public foot access only.
Both b and c should be combined into one section 7(2) Conservation`, Act Conservation which is shown as Easement 2 on Map 3 (Boundaries). The easement is to be in favour of the marginal strip.
Justification
The East Dome Scenic Reserve currently has no practical legal
public access. Legal access exists by way of section 58 Land Act
1948 marginal strips along the Mataura River. These strips in
part have been left high and dry by movement of the river course
over time and the strips would be difficult to follow as a consequence.
The scenic reserve is a major eastern Southland landmark and has
the potential for day trips to the summit if access was more readily
available and if there was some basic route marking to the summit
through the reserve.
This easement network is likely to be the main public access to the scenic reserve. Reserves Act 1977 easements do not have the benefit for the landholder of the application of the offence provisions of the Act. A short linkage to the marginal strip enables the application of section 7(2) Conservation Act 1987 easement and the offence provisions of that Act then apply. It is known that the Southland Fish and Game Council is also seeking several short connecting easements from the 2WD road to the river marginal strip.
Attachment: Terms and conditions for Easements 1 and 2.
4.2.6 Other Qualified Designations
4.2,6.1 Name: East Dome Scenic Reserve Access Easement
Existing Status: Pastoral lease, freehold
Authority: Section 36(3)(b) Crown Pastoral Land Act
Proposal/ Description:
To create a vehicle access easement for DOC management purposes.
The easement is to cover the route of the easement described in
paragraph 4.2.5.1 (a) and (b).
Justification
Strategically located access easements are essential to undertake
reserve management activities.
Attachment: Terms and conditions for easements 1 and 2.
4.2.6.2 Name: East Dome Scenic Reserve Access Easement (hill
route)
Existing Status: Pastoral lease, freehold
Authority: Section 36(3)(b) Crown Pastoral Land Act
Proposal / Description
To provide for DOC vehicle access for management purposes
by way of a section 12 Reserves Act 1977 easement from the end
of Glenlapa Road via the main hill farm access track to the boundary
of the proposed reserve south of Trig J. This is shown as Easement
3 on Map 3 (Boundaries). The easement is to be in favour of the
reserve.
Justification
The easement is required for essential reserve management
purposes.
Attachment: Terms and conditions for Easement 3.
4.2.6.3 Name Muddy Terrace Historic Reserve Access Easement
Existing Status: Pastoral lease
Authority: Section 36(3)(b) Crown Pastoral Land Act
Proposal/Description
To provide for DOC vehicle access for management purposes
by way of a section 12 Reserves Act 1977 easement extending from
the access easement to the East Dome Scenic Reserve to the historic
reserve boundary over the existing farm access
track. This proposal is shown as Easement 4 on Map 3 (Boundaries).
The easement is to be in favour of the reserve.
Justification
The easement is required for essential reserve management
purposes. Practical public access to the reserve is available
via the marginal strips downstream and via legal road through
Moonlight Station.
Attachment: Terms and conditions for Easement 4.
4.2.7 Exemption or Variation of a Marginal Strip Width
4.2.7.1 Name: Dome Burn - marginal strip requirements
Existing Status: Pastoral lease
Proposal/Description
Part of the Dome Burn margin has already been berm fenced
under the former Southland Catchment Board run plan completed
over the property. It is proposed to adopt the fenceline as the
boundary of any new marginal strip created and this is of variable
width from the riverbank.
Justification
It is understood that it was intended to adopt the berm as a marginal
strip but this action was never completed.
Management and Boundary Issues
Thee is a major broom infestation between pockets of beech forest
along the margins of the Dome Bum. Some control will be needed
of the broom periodically. The lessee has undertaken expensive
control on the paddock side of the berm fence which is now partially
clear of broom.
The berm fence acts in part as a boundary fence with Glenaray Station. Some Glenaray cattle would utilise the berm and the existing marginal strip on the Glenaray side of the Dome Burn.
4.2.8 Other Matters
4.2.8.1 NGO Consultation
NGOs consulted primarily raised concerns about the need for
improved public access to the East Dome Scenic Reserve along the
Mataura River terraces and the need to make the 2WD farm access
track a legal road, with foot access at strategic points to the
Mataura River. This latter access requirement had not been included
in the DOC proposals. It is primarily a concern of the Southland
Fish and Game Council. As that organisation now has the same advisory
role to the Commissioner as DOC, it is expected that the council
will make separate recommendations.
4.2.8.2 Lessee's Support for Conservation
In 1989, the lessees voluntarily surrendered for conservation
purposes the East Dome retirement area on the property.. This
area contained the important RAP Nokomai 11. The lessees received
no compensation from the Crown for this act of goodwill. this
generosity should be acknowledged by the Commissioner of Crown
Lands in establishing the cost to the lessee of undergoing tenure
review. In addition' the lessees at the time also agreed to the
conservation covenant over the catchment west of Trig J.
Public Access New Zealand
4 June 2002
Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
P O Box 27
Alexandra
PANZ Submission on Preliminary Proposal Glenlapa Tenure Review
PANZ wishes to make comment on the following aspects of the proposal.
While we acknowledge and appreciate the lessee's earlier voluntary surrender without compensation of leasehold for the East Dome Scenic Reserve, the tenure review preliminary proposal is inadequate in making further necessary reservations.
As DOC's conservation resource report states (p 5) "native vegetation sequences on the faces and gullies adjoining the Mataura River and the East Dome Scenic Reserve are the most significant botanical feature on the property". These are part of "an area of vulnerability" extending from the East Dome Scenic Reserve to an existing conservation covenant area. The report concludes, "for the existing landscape character to be maintained and enhanced, the steeper and more visible slopes on Glenlapa should be managed to enable natural succession to occur... Apart from recent and obvious oversowing along the dividing ridgeline, there is a strong successional trend to woody native vegetation occurring. To allow this block to fully regenerate would mean that a physical linkage between East Dome Scenic Reserve and the covenant area is protected and enhanced" (our emphasis).
In a regional context "these western slopes form the immediate backdrop to one of New Zealand's best known brown trout fisheries, with many overseas anglers visiting this section of the Mataura River on a regular basis. This area's amenity values are well known. "Steep tawny hills enfold the sparkling river. The country is not picturesque - it is beautiful and the walking well worth it. Several days will be needed to explore the fishing around Nokomai and Cattle Flat".
In DOC's original recommendations (pp. 11-12) the protection of a contiguous Area 1 (approximately 620 ha) was justified on the following basis -
"Landscape
This area extends southwards from the southwestern boundary
of the East Dome Scenic reserve along the Mataura river faces
and gullies. It includes the forested gully west of Trig J. The
western slopes of East Dome and the Mataura River corridor with
their forests, shrublands and tussocklands contribute to the natural
character of the river setting and associated recreation use and
add to the quality of the recreational experience.
Vegetation
Native vegetation sequences on the faces and gullies adjoining
the Mataura River downstream of the East Dome Scenic Reserve are
the most significant botanical feature on the property. These
sequences are largely intact and where disturbance has occurred
strong regeneration is evident especially at lower altitudes where
the trend is towards woody vegetation and ultimately a forest
community. Tall tussockland vegetation is still largely intact
despite some oversowing and top dressing below 800 metres.
Protected Area Design
Whilst there are no species and communities present not already
represented in the adjoining East Dome Scenic Reserve, the acquisition
of this area can be justified on the grounds of deficiencies in
the design of the boundaries of the existing scenic reserve. The
southern boundary of the reserve conforms with that selected for
the RAP Nokomai 5 during the PNAP survey and largely was based
on representativeness criteria. This resulted in the adoption
of the forest margin as the southern boundary which cuts in half
the largest catchment that drains off East Dome into the Mataura
River.
The reserve boundary is unfenced and the forest margin cannot be readily protected from adverse impacts such as intensive grazing and probably burning to control shrubland regeneration on the adjacent predominantly shrub and tussock covered southern part of this catchment.
The adoption of ridgelines to protect sensitive natural and catchment values is the most effective long-term strategy for protected area management. The protection of this southern part of the catchment will therefore benefit both the existing scenic reserve as well as the remaining area of relatively intact native vegetation sequences along the Mataura River Faces.
This area also consolidates an expanded protected natural area by expanding to encompass the existing conservation covenant.
The river faces between the covenant and the existing reserve display the greatest disturbance of native vegetation sequences but shrubland regeneration is very strong and given time and the removal of burning and grazing, vegetation should eventually return to a more natural forest/shrubland sequence. The shrubland communities have current intrinsic value also. Shrubland communities may provide good habitat for mobile invertebrate and bird species and potentially enhance unsurveyed native faunal elements.
Recreation
The Mataura River faces and gullies with their predominantly
natural character enhance the recreation setting of the Mataura
River fishery"
These recommendations survived revision in 1999, and expanded the justification in terms of the requirements of the Crown Pastoral Land Act (CPLA).
"Justification
The land is characterised by:
1 Areas which alone or collectively sustain the special
natural quality and integrity of the high country landscape especially
the indigenous component.
2 Areas which sustain the most culturally valued attributes
(eg, Maori, scenic, aesthetic, recreational and historic) and
their context within a natural high country landscape.
3 Habitats of threatened species (including those which are
regionally threatened).
4 Areas which make a special contribution to the overall quality
natural functioning and ecological intergity of significant values
(e.g., linkages, buffers, etc) whether in their present or
potential state.
5 Settings of high natural or historic value for outdoor
recreational opportunities in the high country.
DOC's recommendations were adopted in the Draft Preliminary Proposal, as being compliant with the objects of the CPLA. However after consultation with the holder, Area 1 was reduced to 90 ha, and part of the original 620 ha, being a new Area 3, proposed for freeholding. This is 275 ha between Areas 1 and 3.
This change of stance is explained in the Report on Consultation (p 3) - "although this area does contain some native shrub cover, its significance in terms of inherent value has been reduced by previous grazing, oversowing and topdressing. The area is capable of economic use for pastoral purposes. The importance of this area to the pastoral farming operation is likely to justify future maintenance of fertility by topdressing and thus the disposed of this area on freehold title is likely to promote sustainable land management" (our emphasis).
Further reasons are advanced that -
"The holders advised that they were not prepared to
accept the proposal on the basis of the entire 620 ha of Area
1 in the original Draft Preliminary Proposal being retained for
conservation purposes due to the importance of the area to their
farming operation. The proposed amendment identifies the area
which has the greatest potential economic use and which coincides
with the area having the least significant inherent values within
this area. The areas containing the most significant inherent
values comprising beech forest, mixed broadleaf shrubland and
alpine tussock grassland, is proposed to be retained in Crown
control".
It was also stated (p6) that-
"Although this area was identified as having shrublands of
significant inherent value, it was considered on inspection that
these values have been somewhat degraded by previous oversowing
and topdressing in conjunction with grazing. This area has potential
for economic use for pastoral purposes which is sufficiently high
to justify ongoing fertiliser maintenance to render such use ecologically
sustainable".
Discussion of official justifications
From the above, it is apparent that no new information as
to the inherent qualities of the area influenced the most recent
recommendations. It was known that the inherent values "were
somewhat degraded" when the original and revised DOC recommendations
and Draft Preliminary Proposal were written. They were
then seen as being compliant with the CPLA. All that has changed
has been the emphasis to justify the new proposals.
However, despite the inadequately justified change in emphasis, significant inherent values remain over the entire original 620 ha Area 1 to justify addition to the scenic reserve.
Distinguishing inherent values into "most" and "least" categories is not in accord with section 24 (b) and the section 2 definitions of 'inherent value', 'significant inherent value' and 'natural resource'.
There are well argued justifications in the DOC recommendations and the DPP, on the basis of landscape protection, botanical values, potential for forest succession/recovery, and reserve boundary design to justify retention of all of the original 620 ha in Crown ownership. It should be noted that even if our view on botanical values is not accepted, there is an obligation under the CPLA, accepted by the CCL, for landscape protection. There is no specific advice to the CCL on this. Therefore the Preliminary Proposal fails in this requirement.
Whilst it is argued that "the importance of this area to the pastoral farming operation is likely to justify future maintenance of fertility by topdressing, it is does not necessarily follow that "thus the disposed of this area on freehold title is likely to promote sustainable land management".
The active regeneration of shrublands along the lower Mataura faces (photo 1) can only be suppressed by repeated burning or herbicide application. There is no scientific evidence to suggest that, even with fertiliser application, that this is "ecologically sustainable", being the primary requirement of s24. There is vigorous tall tussock above the shrubline (photo 2) that will, as a consequence of burning of adjoining shrublands, also be burnt. Even with fertiliser inputs, burning and grazing will eventually result in depletion and loss of tussock cover.
The Mataura faces, due to their imposing presence as viewed from the river, dominate the scene. They must be protected in Crown ownership. The almost complete reversion to woody species along the lower slopes testifies to the fact that these faces cannot sustain pastoral farming and should never be freeholded.
The Mataura River is a world class brown trout fishery. The setting, for this and other recreational activity in and along the river, is an integral part of the experience. Original Area 1 fronts onto the most confined part of the Mataura gorge, with steeper gradients than immediately downstream where there is an obvious transformation to developed pasture.
What is proposed in the PP is a disjointed reservation that bears no relationship to landscape values, and due to its shape, provides little practical protection for the areas proposed for reservation. Original Area 1, as depicted in the DPP, is the minimum area that should be retained in Crown ownership. If inclusion of this into the scenic reserve cannot be agreed we submit that the CCL does not proceed with tenure review.
The Land Status Report, p 2, notes that the scenic reserve has no legal access. The Conservation Resource Report, p 12, states that "the lack of practical access currently limits use of this large reserve". Page 16, 'NGO Consultation' recorded "concerns about the need for improved public access to the East Dome Scenic Reserve along the Mataura River terraces and the need to make the 2WD farm access track a legal road, with foot access at strategic points to the Mataura River". DOC states in their 'Justification and Recommendations', p 11, "there are important requirements for access to the east bank of the Mataura river and to existing and proposed conservation lands that need to be addressed".
The Submission on Draft Preliminary Proposal, Appendix 1, states that "there is potential to provide access through the Glenlapa lease to the upper reaches of the Mataura River for fishing however a more practical solution would be to pursue public access through Cattle Flat Station on the opposite side of the river". This view depends on "a moveable Section 24 Conservation Strip adequately providing for access to the Mataura River". However the official view, which we contend, is that it is not possible to create a movable strip along the full length of the river, in place of the existing fixed strip.
While we understand that under normal river conditions it is not difficult to ford the river on foot and so gain access to the Glenlapa river bank and the scenic reserve, reliance on access from Cattle Flat Station provides no assurance that this is legally provided for now, or will be as a result of future tenure review on this property. Our inspection of NZMS 261 sheets shows discontinuous strips, either marginal strips or roads, along the true right bank, with gaps or uncertain connections to the public Ardlussa Cattle Flat Road. If legal road access cannot be assured to the right bank, concurrently with tenure review on Glenlapa, then the Crown has failed in it's duty to secure access to public lands ex Glenlapa, unless alternative arrangements are made over Glenlapa. The 2WD standard farm track along the river terrace, with foot access routes off this track to get to the riverbank, is the obvious alternative.
We submit that unless convenient public road access is assured to the Cattle Flat river bank, that a public vehicle access easement be secured over the Glenlapa 2WD farm track, with at least two foot access easements to the river bank.
Unless satisfactory public access is secured, we believe that the tenure review should not proceed.
We note that there were two conditions attached Land Settlement Board approval of reclassification of 946 ha, notified to the lessee on 27 June 1978. These were that public road access be created to the remaining pastoral lease, and that 20 metre strips were to be reserved from sale along rivers and streams.
Whilst the first condition has been complied with, the second has not. The Garvie Burn within the now freehold (part section 3 Block IV Garvie SD) does not have any marginal strips laid off.
DOC notes in its Conservation Resource Report (p 14) that "The Garvie Burn flows through Glenlapa freehold and for some reason, no section 58 Land Act marginal strips were created at the time of freehold title being issued. The Southland Fish and Game Council are particularly keen to see marginal strips created and are anxious that the matter be considered as part of the pastoral lease tenure review negotiations".
The Due Diligence Report, while noting the completion of road access to the PL failed to mention lack of compliance with the other condition of reclassification. This is a serious omission that must be rectified as a condition of any review of the balance of the property. If no effort is made to rectify past Crown freeholding omissions, there can be no confidence in current freeholding actions.
We note that the CCL decided that the Draft Preliminary Proposal would exclude an easement in favour of DOC over this freehold land. This was on the basis that a concurrent process for negotiation of that easement be run at the same time as tenure review on the pastoral lease (Penelope Stevenson, Barrister to DOC 18/9/00).
As the CCL is in favour of concurrent action affecting this freehold that is in favour of DOC we would have considerable difficulty in accepting a lack of concurrent action in favour of the public in the form of marginal strips.
For all the reasons outlined in other recent tenure review submissions from us, (refer to these as part of this submission), it is completely untenable for decisions on marginal strips to be divorced from the tenure review process. We will not accept continuation of the CCL's hands-off policy.
Examination of official information supplied to PANZ reveals that-
1. Unlike in many Canterbury pastoral lease renewals, despite a variation of lease mechanism being used on Glenlapa in 1992, as distinct from a straight lease renewal, a marginal strip was laid off along the Dome Burn. This is a section 24(9) movable strip. We congratulate the officials involved. It provides a welcome contrast to the conduct of officials in Canterbury who have used lease variation as a means of circumventing the marginal strip requirements of the Conservation Act. The Glenlapa case demonstrates that there was no necessity for the Canterbury evasion.
2. SO 11911 records the above strip and an existing section 58 strip along the bank of the Mataura River, but no strips along the Garvie Burn within the leasehold. The Southland Fish and Game Council believes that the upper reaches of the Garvie Burn are useful for brown trout spawning (Preliminary Proposal Standard 8, p 8). DOC reports (Conservation Resource Report, p 14) "it is also possible that the lower part of the Garvie Burn may be sufficiently wide to warrant marginal strips being laid off". Any marginal strip should be created so as to be movable.
There must be transparent official action to assess the width of this stream, with the findings of such assessment made part of the public tenure review process. If it does not qualify for a marginal strip then consideration should be given to creating a reserve of some other classification to protect the fisheries values the Fish and Game Council identify.
3. Moveable marginal strips required
SO 11911 records a fixed-position section 58 strip along the
true left bank of the Mataura River.
The Due Diligence Report, p 2, states that "the Mataura River channel has altered greatly", and on p5, that "there has been many requests for the existing section 58 strip to be converted to a strip that moves with the river (under s24(9)". Plans of property boundaries supplied for this tenure review confirm that the present river course coincides with the existing marginal strip for less than half of its length.
The Conservation Resource Report, p 14, states-
"A former section 58 Land Act 1948 originated marginal strip
exists along the true left Mataura River bank. This marginal strip
is fixed and does not move with any changes in the channel of
the watercourse. The Mataura River is recommended for protection
by a National Water Conservation Order due to its outstanding
international reputation as a brown trout fishery. Legal riverbank
access is crucial to enable public use and enjoyment of this resource.
It is proposed to negotiate during the tenure review the replacement
of this unmovable marginal strip with a moveable marginal strip
under Part IVA Conservation Act 1987".
However on p 14, DOC's commentary on NGO consultation
(p 16) states-
"The concerns raised are all generally supported by DOC except
for the proposal to replace the section 58 Land Act marginal
strip along the Mataura River with a Part IVA Conservation Act
marginal strip. Legal advice indicates that this is not possible
under existing legislation. A Part IVA Conservation Act marginal
strip will automatically be laid off along the river where the
channel no longer conforms to the fixed location of the section
58 strip. The section 58 strip would remain in its
entirety".
We believe that this advice is flawed to the extent that replacement "is not possible under existing legislation". Section 24E of the Conservation Act reads-
S 24E. Exchange of marginal strips---(1) The Minister may, by notice in
the Gazette, authorise the exchange of any marginal strip for another
strip of land.(2) The Minister shall not authorise the exchange of any marginal
strip unless the Minister is satisfied that the exchange will better
achieve the purposes specified in section 24C of this Act.(3) The land taken by the Crown in exchange for any marginal strip
shall be deemed to be reserved as marginal strip.(4) The Minister may authorise the payment or receipt by the Crown of
money by way of equality of exchange in any case under this section; and
all money so received shall be paid into the Department of Conservation
Grants and Gifts Trust Account, and shall be applied, without further
appropriation than this section, for the purposes of this Act.(5) The Minister or the Director-General may, on behalf of the Crown,
do all such things as may be necessary to effect any exchange authorised
under this section.(6) District Land Registrars are hereby authorised and directed to
make such entries in registers and do all such other things as may be
necessary to give effect to exchanges authorised under this section.
This is an express provision that over-rides the general prohibition of sale or other disposition under section 24. Section 24E was specifically designed for the purpose of making fixed strips movable or in other situations where relocation is desirable. I should know, as I was involved in negotiations with then Minister of Conservation, Phillip Woollaston, which resulted in introduction in 1990 of this section. In any event, it's clear, unambiguous terms authorise exchange actions over any marginal strips, something that DOC inexplicably denies.
A couple of years ago I heard a claim by Tony Perrett of DOC that fixed strips cannot be exchanged for movable strips. I pointed out to him the existence of s24E and supplied him with a copy. There has been no response.
For all the reasons stated in our other submissions, the existing fixed strip must be replaced with a movable strip. Nothing less is required for a nationally important river.
We submit that the CCL ignores DOC and just gets on with ensuring that the department takes such action as a condition of tenure review. No performance; no tenure review.
It is proposed that approximately 15 ha (Area 2) in the Dome Burn be retained as historic reserve.
The boundaries of this proposal are based on an incorrect assumption in the DOC Conservation Resource Report, p 15, that there is no marginal strip existing in the Dome Burn. However SO 11911 shows otherwise.
The DOC report states -
"The Dome Burn marginal strip may need to be wider than 20
metres along that section of the creek adjacent to the Muddy Terrace
water race unallocated crown land. A normal 20 metre wide marginal
strip may leave small parcels of land between it and the water
race land. The land between the water race land and the creek
contains important historic sites associated with early gold mining.
Section 24(6) Conservation Act 1987 should be used to justify
this action being taken.
Where the existing berm fencing is more than 20 metres from the creek upstream of the unallocated crown land, it is suggested that the berm fencing be adopted as the boundary of the new marginal strip".
Whilst we agree that the existing fence should become a landward reserve boundary, we disagree that the marginal strip should be replaced by an historic reserve if that means that movability is lost. In any event disposition of the marginal strip is prohibited by s 24. We believe that a variable width strip be created with one fixed boundary, if legally possible, rather than creating an historic reserve. Or, make a smaller area an historic reserve, leaving the marginal strip alone. Another uncertainty is the width of the movable marginal strip as this is not recorded on SO 11911 (another inadequacy of LINZ's plan records). The width will affect the area required as a historic reserve.
PANZ cannot get wildly excited about the historic reserve proposal as, without any provision for public access, it serves no public purpose. We note that DOC will be well provided with access to this site. However, public needs apparently don't count in the scheme of things. To set aside a public reserve without public access, when there is opportunity to provide such, is unconscionable.
The Dome Burn is the major drainage from the southern Garvie Mountains, partly on Glenlapa, and mostly on Nokomai pastoral lease. Marginal strips exist on both banks for many kilometres upstream, however there is no practical access to these mid and upper reaches. The Glenlapa tenure review provides the only immediate opportunity to provide public access to this catchment, however nothing is officially proposed. As noted above, a historic reserve consisting of goldfield remains is proposed on Glenlapa but with no public access. This failure to secure public access to and enjoyment of reviewable land is contrary to the objects of s24(c) CPLA.
Downstream from Glenlapa there is no marginal strip or road
access over Moonlight Station on the true right bank. A marginal
strip on true left bank is steep, incised and partly forested,
and therefore access would be difficult.
Given that there is no practical access from the lower Dome Burn
to the mid and upper catchment there is need for practical, convenient
access over Glenlapa.
We submit that a public foot access easement be created from the ridge crest at point 913m on the enlarged East Dome Scenic Reserve boundary down an easy ridge to the valley floor. There is a farm track that could be utalised (photo 3). This would allow access both up and down valley along marginal strips. These appear to provide practical access.
We believe that providing access via the scenic reserve is preferable to utalising a farm track from the Glenlapa homestead area (as is to be used for DOC vehicle access), as this will be shorter and provide better utalisation of the scenic reserve through a linkage to the very large Dome Burn catchment. In the longer term, with tenure review on Nokomai Station, this southern access could become very important for access to possible conservation areas in the Dome Burn headwaters.
Yours faithfully
Bruce Mason
Researcher & Co-Spokesman
Appendices: 3 photographs