This page last modified
28 July 2000
Pt 128
Ben Ohau Range
Canterbury Land District
Tenure review yet to be approved by Commissioner of Crown Lands
SUBMISSION TO THE COMMISSIONER OF CROWN LANDS
Application for Exchange of Property Rights
Knight Frank (NZ) Ltd
PO BOX 564
Timaru
KF REF: Pt 128.01
Date of Application: 1 November 1994
Property Name & Location: Ben Ohau located at Twizel
Lessee: Ben Ohau Station Limited
Date of Written Application: 1 November 1994
Date of inclusion in Pool of Properties: December 1995
Date of Submission: November 1997
PROPOSAL SUMMARY
A Accept the surrender of Ben Ohau pastoral lease
B Retain for the Crown and transfer to Conservation Estate an area of 1.200 hectares approximately shown as Area 1.
C Alienate pursuant to Sections 62 and 64 Land Act 1948 on Freehold tenure an area of 440 hectares approximately shown as Area 2.
D Alienate pursuant to Section 67 Land Act 1948 on Freehold tenure an area of 441 hectares approximately shown as Area 3
E Alienate pursuant to Sections 62 and 64 Land Act 1948 on Freehold Tenure, with extended marginal strips, an area of 3,629 hectares approximately shown as Area 4.
F Register easements on the title for (details Page 6):
(i) Public Access by foot, horseback or non-motorised vehicle from the Pukaki Canal westward where the existing track falls within the lease boundary as depicted on the plan to the most western point of the property at Bush Stream. In addition the land owner shall not unreasonably withhold vehicle access and may recover costs for such vehicle access. Parking for vehicles to be permitted at all times on the northern side of Fraser Stream adjacent to and west of the Pukaki Canal.
(ii) Personnel and vehicle access for agents of the Crown while on Crown business along the tracks as defined in F (i) above
(iii) Public access by foot, horseback or non-motorised vehicle from the State Highway 8 at the northern and southern end of the commercial land shown as Area 2 along the boundary with Reserve 4038 to the north and Bendrose to the south.
LEASE DETAIL
Legal Description: Pt Run 336 "Ben Ohau" and Section I SO 8529 Strachey Survey District Certificate of Title 10F/1319
Area: 5710.2431 hectares
Term: 33 years from I July 1970
Rental Value: Old System, Not recorded
Annual Rent: $1,125.00
Date of Next Review: 1 July 2003
Classification: "Pastoral" Section 51 (I)(d) Land Act 1948 Land Settlement Board Case 7621 1966. Note that subsequently under Case 831() the. LSB agreed to accept surrender and preference allotment of renewable lease, however the property has been held on pastoral lease since issue on I July 1995.
Crown Improvements: Nil
Stock Limit in the Lease: 4,670 Sheep (Including 2,250 Breeding Ewes); 281 Cattle (Including 180 Breeding Cows)
Personal Stock Limit: While worked with 101 hectares of freehold, no objection to the same sheep limit and 356 Cattle (Including 255 Breeding Cows)
ACTIONS PENDING
Road legalisation in the area between Twizel town and Pukaki Canal
OTHER PASTORAL LAND HELD PURSUANT TO THE LAND ACT 1948:
Nil
PHYSICAL DESCRIPTION
A largely flat property running from the Pukaki River in the east,
bisected by State Highway 8, Pukaki Hydro Canal and extending
west to the foot of the Ben Ohau Range. The highest point and
only significant hill area being The Pyramid al 855 metres. The
property contains significant good soils although it has not been
highly developed. At the time of issue of the lease, it was initially
classified as pastoral and it pastoral lease offered, however
the lessee subsequently requested a reclassification which, after
a renewable lease being approved by the Land Settlement Board,
was declined by the lessee. Various reports at that time noted
the considerable potential of the property which is now in the
process of being realised by the current lessees.
Approximately one third of the property lying east of the Twizel River is poorer Class VII land.
COMMERCIAL USES (CURRENT AND KNOWN POTENTIAL)
The Pukaki airfield is situated as an enclave into the pastoral
lease adjoining State Highway 8. Some of the airport buildings
are located on the pastoral lease approved under a recreation
permit. The District Council under their proposed District Plan
have applied (or a designation over some 270 hectares of land
parallel to the State Highway for airport purposes. The recent
development of a Briar Berry processing factory in Twizel offers'
rs the opportunity for horticultural growing of briar as well
as harvesting of wild stands. Located as it is adjacent to the
former hydro development town of Twizel, there is the opportunity
for subdivision of parts of the property into rural residential
blocks or for more extensive commercial uses such as fun parks.
PROPOSED SUBDIVISION: DESCRIPTION AND PROPOSED TENURE
AREA 1:
Retain by Crown for conservation:
1,080 hectares short tussock grassland east of State Highway 8.
70 hectares deep water wetland formed as a meander pattern of the Fraser Stream in 1920s.
50 hectares wetland adjacent to the Twizel River and Lake Poaka which is a man-made lake following hydro development.
1.200 hectares: Sub-total Area 1
AREA 2
Commercial Land (Proposed Freehold): Airport Designation
440 hectares which includes the area of proposed airport designation by District Council Flat short tussock grassland.
440 hectares: Sub-Total Area 2
AREA 3
Unclassified Lands (proposed Freehold):
The flat land situated hetween Twizel River and State Highway 8 dissected by power lines and Pukaki Canal. Very shallow outwash soils covered in poor fescue tussock grassland with 50% bare land.
441 hectares Sub-Total Area 3
AREA 4
Classified Farmland (proposed Freehold)
550 hectares cultivated to fair permanent pasture
2,920 hectares fair oversown and topdressed tussock pasture
159 hectares native tussock grassland
3,629 Hectares Sub-Total Area 4
PRODUCTION
Stock wintered:
2,250 Breeding Ewes
1,500 Wethers
1,100 Mixed Sex Hoggetts
50 Rams
4,900 Total Sheep
120 Angora Goats87 Breeding Cows
23 Heifers
55 Steer
2 Bull
167 Cattle
Note that this includes the freehold land where the goats are run.
HISTORY
The property was first applied for by Hugh and Samuel Fraser in April 1857. Including an area of the Ben Ohau range it consisted of 32,520 hectares. After a succession of owners, it was taken over in 1897 by J E P Cameron who was granted a special rental due to rabbit depletion. Over the years it has been reduced in size which included a subdivision in 1920 to create three soldier resettlement blocks at which time the then lessee retained the original homestead block. More recent smaller reductions in area due to hydro development have reduced the property to the present 5,710 hectares of largely flat land.
CONSERVATION VALUES
The report which describes the conservation values on the property prepared by the Department of Conservation is appended to this report as Appendix 1.
Conservation Estate
1. It is desirable to retain Area 1 of 1,080 hectares approximately by the Crown as Conservation Estate. This area is described by the Department of Conservation as being the most extensive known area of fescue tussock in the Pukaki Ecological District.
Of the wetlands identified, the Ben Ohau swamp, which has existed since a change in the river during the 1920s, is a distinctive area and was identified during the 1983 PNA survey. The area contains some 70 ha.
Surrounding Lake Poaka, an area which is currently Crown l and as part of the Upper Waitaki Hydro Scheme, is a good wetland area together with river hank shrubland along either side of the Twizel River, comprising some 50 ha.
2 Section 24 Part IV Conservation Act may apply to marginal strips along either bank of the Twizel, Fraser and Darts Bush Streams. It is noted that the cadastral map currently indicates Section 58 Land Act strips on Dry Stream, however for much of the year as the name suggests it is dry. It is envisaged that public access will continue to be available on the stream banks and therefore give an alternate public walking access.
In particular it is intended that the strip be widened to the existing fence line or as otherwise shown on the plan along the true left bank of the Fraser Stream between the northern boundary and the Pukaki Canal. Likewise, the strip is to he widened on the left hank of Darts Bush stream to extend to the northern boundary In both cases, rights of access for vehicles is to he reserved along the existing track to the lessee together with access to the stream for stock water.
Access
I Access to he provided via an existing track on the north side of Pukaki Canal south of Fraser Stream to the boundary of Omahau Lease as shown on the plan then from the Pyramid Saddle along the track to Darts Bush Stream being the most western point of the property.
Access also to he provided from State Highway 8, east to the proposed conservation land along both the northern and southern boundaries.
The above access routes to he defined and public access he available at all times for toot, horse and non-motorised transport. That this he provided by way of legal easement pursuant to Section 7(2) Conservation Act 1987 and that there be no obligation of maintenance or to maintain stream crossings. That where fences cross this access that gates no less than 1.5 metres wide, to remain unlocked be. installed by the lessee or as agreed with Department of Conservation.
2 In addition the lessee/owner will not unreasonably deny motor vehicle access over the routes described in I above and may make a charge for the purpose of recovering costs and in particular will ensure access by way of easement to the Crown for its own use and that of its servants in managing the conservation land.
3 That a parking area be made available in the vicinity of the Pukaki Canal north of the Fraser Stream to provide off road parking at all times.
4 That the fenced and formed road linking Twizel town with the Pukaki Canal and running parallel to the Fraser River he surrendered prior to title being granted. Land Information New Zealand has raised the issue that part of this road is not legalised.
FENCING
That any new boundary fencing required between the proposed freeholded boundaries and the conservation estate (Crown Land) shall he the responsibility of the current lessee or (future freehold estate owner ("the adjoining owner"). Such fencing to he completed prior to settlement to a standard agreed in terms of the Fencing Act 1978. When such fencing is completed to the satisfaction of both parties, ongoing maintenance shall he in terms of the Fencing Act.
SURVEY
Survey will he required to define the areas of land. It is intended that agreement be. reached on the basis of the Crown facilitating and paying for survey and the lessee facilitating and paying for fencing. If the lessee requires more than one title, it shall he at cost to them for the additional work involved.
SETTLEMENT
Settlement to be made and possession given upon the terms of the Heads of Agreement.
PUBLIC COMMENT
An "early warning" meeting was held with the principal interest groups on 28 November 1996 in Timaru. The particular interests noted were:
The property was visited by Mr Howse representing the Ngai Tahu Trust Board in November 1996.
Fish and Game NZ have reported on the property. Lakes Poaka and Cameron mentioned are not included in the property title. Lake Merino is an old borrow area suggested for retention hut is very small. The Twizel and Fraser Rivers arc both noted for their spawning and nursery values supplying Rainbow and Brown trout stock to Lake Benmore.
PROPOSAL FOR TENURE EXCHANGE
The proposal has been developed by the lessee, Knight Frank (NZ) Limited (as agents for the Commissioner of Crown Lands) and Department of Conservation in consultation with public interest groups. The aims of this proposal are:
Area 1: Proposal for retention by the Crown for conservation
1,200 hectares more or less to be retained by the Crown and managed solely for nature conservation, recreation and landscape purposes. It is not intended there should be stock grazing in the two wetland areas proposed. Any future grazing by domestic livestock on the short tussock grassland would only be considered in context with the prime purpose above and to facilitate the management of those objectives.
The case for retention of these areas in Crown ownership is included in the DOC report on Conservation Values. The areas have limited suitability for pastoral use and are not highly productive in terms of livestock production.
Area 2: Land to be classified Commercial in terms of Section 51 Land Act
440 hectares more or less to he reclassified pursuant to Section 51 Land Act as commercial land and he disposed of on freehold tenure pursuant to Section 54 (1) (f) Land Act 1948 subject to the following:
(i) That an easement not less than 20 metres in width be provided parallel to the northern and southern boundary from State Highway 8 In the proposed Conservation land to allow for public access as described under the "Access" section Clause 1.
Justification for freeholding
The area of land can justifiably be classified "commercial" pursuant to Section 51 of the Land Act. For many years under a special lease the Mount Cook Group has operated the "Pukaki Airstrip" as an alternative landing area for passenger airliners flying to Mount Cook. Recently the Mackenzie District Council under their Proposed District Plan have applied for an "aerodrome designation" pursuant to the Resource Management Act over an area of approximately 270 hectares more or less. The difference in area is due to an area excluded from the designation adjacent to SH8 being included in the Commercial classification due to its isolation from the balance of the run if not included. Currently there is a recreation permit over a small area of land surrounding the airfield and (fenced in with the scaled airstrip which contains a hangar and passenger service buildings The area is well established for the commercial activity and such classification is appropriate.
Area 3: Land that cannot be properly classified in terms of Section 51 Land Act 1948
441 hectares more or less to he offered on freehold tenure as set out below:
While the whole lease was classified as "pastoral"
pursuant to Section 51 (1) (d) Land Act 1948 by the Land Settlement
Board and that may have been appropriate at that time taking into
consideration the due balance of the whole property, it is currently
considered that under the subdivision proposed, that the land
in this area cannot properly be classified pursuant to Section
51 and therefore the classification should he rescinded on this
area.
The justification for this is as follows:
A very narrow band of better land exists along the flood plain of the Twizel River but is insufficient to separate from the hulk of the land.
The following proposal is suggested to take the area out of the Crown Estate but offer the public at large the opportunity to use the Resource Management Act to protect public interest and the soil conservation issues. It will put future use of the land under the jurisdiction of the Resource Management Act through the District Council Plan.
It is proposed that the land he offered pursuant to Section 54 (l)(f) and Section 67 (1) Land Act 1948 on freehold tenure subject to the following conditions:
(i) That the land not be used for any purpose which would constitute an existing right for one year following purchase and therefore in terms of Section 10 (2) Resource Management Act 1991 existing use rights will be extinguished. (Copy of relevant section of the Act at Appendix 3).
(ii) Any use after the conditions of Clause (i) have been met to he made in terms of the Resource Management Act 1991.
Area 4 Land to be classified "Farmland" in terms of Section 51 Land Act 1948: Proposal to Freehold
3 629 hectares more or less be reclassified pursuant to Section 51 Land Act 1948 as Farmland and be disposed of on freehold tenure pursuant to Section 54(1)(f) Land Act 1948 subject to the following:
(i) That an easement not less than 20 metres in width he provided from the Pukaki Canal to the most western portion of the property at Darts Bush Stream where the existing vehicle track falls within the lease to allow for public access on foot, horseback and non-motorised vehicle as described under the "Access" section Clause 1
(ii) That the marginal strips in terms of Conservation Act 1997 along the true left banks of Darts Bush Stream and the Fraser Stream north of the Pukaki Canal he extended to the existing fenceline or the proposed line as shown on the attached plans and reserving to the lessee the rights of access along the existing vehicle track and access for stock to water.
RECOMMENDATION
That you approve advertising this proposal with the following intended outcomes:
l Surrender of the whole of the pastoral lease "Ben Ohau" pursuant to Section 145 Land Act 1948.
2 That Area 1 be retained by the Crown and transferred to the Conservation Estate.
3 That Area 2 be reclassified pursuant to Section 51(3) and (1)(c) Land Act 1948.
4 That Area 4 be reclassified pursuant to Section 51 (3) and (I)(a) Land Act 1948.
5 That Area 3 be un-classified pursuant to Section 51(3) Land Act 1948 and that the land he sold pursuant to Section 54 (1)(f) and Section 67(1).
6 That the areas above so reclassified under 3 and 4 be sold on freehold tenure pursuant to Section 54 (1)(f), Section 62 (a) and Section 64 Land Act 1948.
7 That you will recognise that easements and covenants for the Department of Conservation have been negotiated as indicated in the text for public and or Crown use.
APPENDICES:
1. Department of Conservation Report
2. Soils and Land Use Capability
3. Extract Resource Management Act 1991
4. Plans
PANZ Submission on Proposed Tenure Review - Ben Ohau Station
Thursday, May 28, 1998
The Manager
Knight Frank (NZ) Ltd
Land Resources Division
P O Box 564
Timaru
Fax: 03 688 0407
PANZ is pleased to support the proposals for tenure review. We believe these to be well thought out as they make good provision for public recreation and reserves while faithfully implementing the provisions of the Land Act. The Crown negotiators and lessee deserve thanks for arriving at such an outcome.
I have inspected the property and wish to convey my thanks to Simon Cameron for his helpful assistance.
I believe that the main features of value for public recreation are the provision of wetland reserves and public access through to Dart Bush Stream.
Wetlands / streams
We are pleased to see that extended marginal strips will be reserved along the true left banks of the Fraser and Darts Bush Streams, utilising existing fences for out-stream boundaries rather than just a 20 metre width. The greater width will not only enhance fisheries protection and bank conservation but will make these reaches much more attractive for recreational use.
There is however some confusion as to the status of the true right banks. The Knight Frank report states that the marginal strip provisions of the Conservation Act may apply to these banks, whereas the DOC report states that these already have marginal strips. I do not have uptodate cadastral information to know which is correct. The notation on the supplied plan does not tell the reader if strips already exist or that they will be created in future on land disposal. This is a generic problem with this standard notation used by LINZ which fails to show the existence of strips or their extentno doubt meaningful for those who certify survey plans to show that they have fulfilled their statutory obligations but not much use for the public who are supposed to be the beneficiaries of such strips! However from my inspection of both streams it was clear that they qualify in width from banktop to banktop for their full widths through the property to have marginal strips laid off. These should be 20 metres wide but we do not see any need to fence them off unless there are particular conservation reasons to do so.
Dart Bush Stream access
We are very please that foot, horse and bicycle access will be available at all times and this will be a 20 metre wide easement secured under section 7(2) Conservation Act. Having used this access by Subaru 4WD I appreciate that it cannot be open as of right for vehicle access because of the potential for damage in unsuitable conditions and the resultant maintenance implications. Also as no through access by 4WD over Darts Bush saddle is possible, there is no pressing requirement for as-of-right vehicle access rights. A provision that the landowner "shall not unreasonable withhold vehicle access and may recover costs" (as opposed to a return on investment/profit etc) is a reasonable outcome. I have one concern though. This easement is based on the assumption that access will become available through Omahau as a result of tenure review. If this does not eventuate, non-motorised users will be okay as they can, with some clearance of matagouri, use a legal road along the boundary for this section. However it would cut out the option of vehicle use.
As a backstop or interim measure I suggest that the alternative vehicle access up the Fraser and lower Dart Stream Bush be available. I have used this, and although a bit slower, provided no difficulties for my 'toy' 4WD. The key to management is the necessity for prior contact with the landowner, who can direct or constrain vehicle use as necessary to protect his asset.
I believe that this route is going to assume considerable importance for public access to the Ben Ohau Range. It is in the most convenient and well-placed location for access to the southern end of the range and provides the key eastern approach to the only low-level crossing to Lake Ohau. It has potential for considerable use, both summer and winter. As tenure reviews proceed elsewhere on the range opportunities for alpine and subalpine recreation should be greatly enhanced. The southern end of the range appears ideal terrain for ski touring including for more proficient cross-country (free-heel) skiing. The Darts Bush Stream access is the key to its availability for such uses.
We would welcome opportunity to clarify any of the above matters if this would assist.
Yours faithfully
Bruce Mason
Researcher
Knight Frank
Land Resources Division
P O Box 564
Timaru
File Ref: Pt 128
27 July 1 1998
Mr Bruce Mason
Researcher
Public Access New Zealand
RD I
Omakau 9182
CENTRAL. OTAGO
Dear Sir
BEN OHAU PASTORAL LEASE: TENURE REVIEW SUBMISSIONS
Thank you for your letter in response to our newspaper advertisement inviting comment on tenure review for the above pastoral lease. As a result of submissions received, changes have been made to the proposal, including the tussock flat north of the airport being extended to the State Highway for Conservation purposes.
Yours faithfully
KNIGHT FRANK (NZ) LIMITED
R A WARD-SMITH
MANAGER - TlMARU
[OFFICIAL] SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE REVIEW OF
BEN OHAU PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX
1. Details of reviewable instrument
2. Proposal
3. Descriptions of proposed designations
Appendix 1: Plan [pdf doc] 192 k
Appendix 2: Proposed grazing concession to Ben Ohau Station Ltd [pdf doc] 1.7 MB
Appendix 3: Public access easement [pdf doc] 896 k
Appendix 4: Public access and vehicle parking easement [pdf doc] 760 k
Appendix 5: Vehicles for management purposes easement [not reproduced here]
1. Details of reviewable instrument
Lease Name: Ben Ohau
Lessee: Ben Ohau Station Limited
Land Registry Folio Ref: 10F/1319, Canterbury Registry
Legal Description: Parts Run 336 'Ben Ohau' and Section 1, SO 8529 Strachey Survey District
Area: 5705.6402 hectares
Local Authority: Mackenzie District Council
Term of Lease: 33 years from 1 July 1970
2.1 To be designated as conservation area:
(a) Pursuant to section 35 (2)(a)(i) Crown Pastoral Land (CPL)
Act 1998, to be designated as land to be restored to full Crown
ownership and control as conservation area;
Area: 120 ha (marked 1 on the plan appended)
(b) Pursuant to section 35(2)(b)(i) and section 36(1)(a) CPL Act, to be designated as land to be restored to Crown control as conservation area subject to the granting of a grazing concession to Ben Ohau Station Limited on the terms and conditions specified in the draft concession document attached.
Area: 1085 ha (marked 4 on the plan appended)
2.2 To be disposed of by freehold disposal to holder:
(a) Pursuant to section 35(3) CPL Act, to be designated as Crown land to be disposed of by freehold disposal to Ben Ohau Station Limited subject to the granting of the protective mechanisms and easement detailed in the documents attached;
Area: 4500 ha in total (marked 2 on the plan appended)
Protective mechanisms (s. 40(1)(b) and 40(2)(c) CPL Act),
(A) An easement under section 7(2) Conservation Act 1987 to provide public access for pedestrians from State Highway 8 to the boundary of the proposed conservation area along the route marked 'A' on the plan appended.
(B) An easement under section 7(2) Conservation Act 1987 to provide public access for pedestrians, horse riders and non-motorised transport from the Pukaki Canal westward to the legal road along the south-western boundary of the area over the route marked 'B' on the plan appended;
Easement (s. 36(3)(b) CPL Act):
(C) An easement under section 60 Land Act 1948 to provide access for personnel of the Department of Conservation (and employees, agents and invitees) with or without vehicles from the Pukaki Canal westward to the legal road along the south-western boundary of the area along the route marked 'B' on the plan appended.
3. Descriptions of proposed designations
3.1 To be designated as Conservation area:
total area = 1205 ha
3.1.1 Land to be restored to full Crown ownership and control:
area = 120 ha
Two separate areas are proposed for designation as 'land to be restored to full Crown ownership and control'. These areas are;
(A) Ben Ohau Swamp and river margins: (70 ha approximately)
Swamp:
This area encompasses a swamp that is part of a backwater for
the Fraser Stream. The conservation resource of the wetland is
the plant communities and the role that the wetland plants in
providing breeding and feeding opportunities for fauna of the
Mackenzie Basin. The significant inherent values identified for
this area are;
(i) The swamp sustains part of the special natural quality and
integrity of the High Country indigenous component. The area was
identified as a Recommended Area for Protection (RAP) during the
Protected Natural Areas Programme (PNAP) survey of the Pukaki
Ecological District and it has a high degree of naturalness and
rarity.
(ii) This is a type locality and habitat for key endemic species
such as the important black stilt which is uncommon in this Ecological
District.
(iii) The area provides part of a key breeding/feeding site for
fully protected wildlife such as the black stilt, pied stilt,
bittern, marsh crake and the occasional white heron. This swamp
contributes significantly to the ecological functioning of off-site
protected species.
(iv) This area will make a contribution to providing linkages
and buffers to the present ecological systems.
River margins
This area extends along the true left bank of the Darts Bush
Stream and the Fraser River from the northern boundary downstream
to the Pukaki Canal. The boundary of the area will be a nearby
fence, and a new fence to be erected along the line marked 'C
- D' on the plan appended (Appendix l). This area will protect
key significant inherent ecological values such as shrublands
and adjoining red tussock grasslands, as well as secure better
public access alongside the stream.
The significant inherent values associated with this area are;
(i) The red tussock grassland is a low altitude grassland that
is not well represented in the Mackenzie Basin and is now uncommon
in the Ecological District and Region.
(ii) The shrubland communities along the watercourse have a high
indigenous component and represent a diversity of species that
are now uncommon at this low altitude.
(iii) The tussock grasslands and shrubland contributes to the
quality and natural functioning of these two stream systems.
(iv) The waterway contributes to the significant and diverse fauna
found on the property. These streams are an important key to sustaining
part of the endemic and rare species found there, including the
koaro.
(v) The area also provides alternative recreational access from
Pukaki Canal to Darts Bush and ultimately the greater Ben Ohau
Range.
(B) Lake Poaka: (50 ha approximately)
This small man-made lake is located on the northern edge of the Pukaki canal, just east of the old Rhoboro Downs road. Included is a narrow strip of land on the true right of the Twizel River upstream to the boundary from Lake Poaka between the existing marginal strip and an existing fence. The conservation resource of this lake is centred around the fauna identified on the property, of which some 17 birds are endemic species. The significant inherent values identified for Lake Poaka are;
(i) a key site for the black stilt that has specialised habitat requirements.
(ii) it is a key off-site feeding area for the black stilts as well as a number of other key high country species.
3.1.2 Land to be restored to Crown control subject to a grazing concession to Ben Ohau Station Ltd area = 1085 ha
(C) Pukaki Flat:
The Pukaki Flat lies east of SH 8 and has its boundary alongside
(but not adjacent to) the Pukaki River. This is one of the most
extensive and intact areas of short tussock grassland found in
the Ecological District and in fact the Mackenzie Basin. The significant
inherent values of the area
are centred on the short tussock grassland and are;
(i) The area collectively sustains the special features of short tussock grassland and the associated indigenous flora.
(ii) The area forms part of a culturally valued High Country landscape. It represents the diversity and distinctiveness of the Mackenzie Basin.
(iii) Ecologically this area was recognised as an important RAP during the PNAP survey. It is representative of a community that was once widespread in the Basin. The vegetation is moderately diverse and still has a high degree of naturalness. The size and shape of the area will ensure that with correct management it is ecologically viable.
(iv) This habitat is now uncommon in the Mackenzie Basin and also the Canterbury High Country.
(v) The Pukaki Flat will make a special contribution to the ecological integrity of the significant inherent values of the short tussock grassland of the area.
(vi) This area has cultural significance in that it forms part of the wider historic landscapes of the High Country. The broad open nature with few man made intrusions is now relatively rare.
3.2 To be designated as Crown land to be disposed of by freehold disposal to Ben Ohau Station
Limited subject to protective mechanisms, easements: total area = 4500 hectares
3.2.1 430 hectares
An area of undeveloped flat between State Highway 8 and the
proposed Pukaki Flat conservation area . Cover consists of short
tussock grassland, and most of the area has been identified as
having similar significant inherent values as those identified
for the proposed Pukaki Flat conservation area (refer section
3.1.2 above). The area is proposed to be designated subject to
a protective mechanism for public access (easement under s. 7(2)
Conservation Act 1987) along the route marked 'A' on the plan
appended. the area contains the Pukaki Aerodrome and is well established
for commercial activities.
3.2.2 440 hectares
This area of flat land is situated between Twizel River and
State Highway 8 and is dissected by power lines and Pukaki Canal.
The area contains very shallow outwash soils covered in Poor fescue
tussock grassland with 50% bare land. The land is flat, lies slightly
to the south and is of a fragile nature.
The area has not been oversown or topdressed and it is only grazed spasmodically for short periods. Approximately 25% of the area north of the Pukaki Canal was closed to grazing as part of the Rabbit and Land Management Plan to develop a "fodder bank" by the planting of trees along the hollows. There has been an increase of vegetation on this area by poor grass species as the result of some four years non-grazing compared with the area south of the canal which has continued to be grazed on a low and spasmodic basis. the whole is a relatively small area and under careful management will sustain a vegetation cover.
A very narrow band of better land exists along the flood plain of the Twizel River.
3.2.3 3630 hectares
This area lies to the west of the Twizel River and can be
broken into the following land groups.;
(a) 550 hectares cultivated to fair permanent pasture
(b) 2920 hectares fair oversown and topdressed tussock pasture
(c) 160 hectares poor native tussock grassland in the south west
corner west of the power canal
The area is proposed to be disposed of subject to a protective mechanism (easement under section 7(2) Conservation Act 1987) to allow public access (pedestrian, horse rider and cyclist (non-motorised), along the route marked 'B' on the plan appended, and an easement to allow vehicle access to the Department of Conservation for management purposes (easement under section 60 Land Act 1948).
APPENDICES
1. Plan [pdf doc]
2. Proposed grazing concession to Ben Ohau Station Limited (including details of grazing concession as required by section 39 CPL Act) [pdf doc]
3. Proposed easement form for Public Access to Conservation Area easement [pdf doc]
4. Proposed easement form for Public Access and Vehicle Parking easement [pdf doc]
5. Proposed easement form for Vehicles for Management Purposes easement
Friday, 11 August 2000
The Manager
Knight Frank (NZ) Ltd
Land Resources Division
P O Box 564
Timaru
Fax: 03 684 6371
Submission on Ben Ohau Tenure
Review
Preliminary Proposal
The current proposal is very similar to an earlier advertised proposal on which we submitted our support on May 28, 1998.
As a result of the earlier round of submissions you advised us that changes had been made to the proposal, including the tussock flat north of the airport being extended to the State Highway for Conservation purposes. We are pleased to see this incorporated into the current proposals.
Public Access New Zealand is pleased to support the new proposals, subject to the following.
Conservation Areas/Reserves?
The extensive conservation area on the Pukaki flats will secure
a large area of open space suitable for non-motorised recreation.
As the Mackenzie basin becomes more developed, this area will
provide an increasingly valuable open space. For this, and its
natural values, we believe this to be a worthwhile addition to
the public estate. We gleaned from the proposed concession document
that this will become a Conservation Area.
We support the terms of the grazing concession, and stress the importance of the public use rights over the area concurrent with the term of the concession. We strongly support the concession not conveying any exclusive rights of occupation or use, or causing any derogation of the rights of the public "to have access across the area". The latter phrase should be expanded to "to have access across and recreational use of the conservation area", so as to make it explicit that the public have more than mere rights of passage. The latter are more akin to a narrow presumption of passage along an easement, rather than to a designated area of public land that is available for recreational use of an unconstrained areal extent.
There are discrepancies in the plans supplied, as to the area intended to become conservation area. We are uncertain which plan is the definitive proposal. The western boundaries on the 'Ben Ohau Tenure Review Draft Preliminary Proposal' plan do not coincide with the coloured plan of the concession area. The coloured plan does not show the northern boundary extending to the State Highway, and the southern end of the western boundary falls short of point 'E' of the easement A to E. We presume that the plan entitled 'Ben Ohau Tenure Review Draft Preliminary Proposal' is the definitive plan. If it is not we cannot support this proposal.
Other areas to be retained in public ownership are wetlands and extended river margins. These are valuable wildlife habitats, and will become increasingly important. They are also very attractive locations for passive recreation/wildlife viewing, and for through-access in the case of the Fraser River. We strongly support their protection and availability for public use. However, other than marginal strips, there is no information within the documents supplied to us to indicate what the intended status of these areas will be once transferred to DOC's administration. We believe that such information should be supplied at the time of public notification of tenure review proposals. Whether the area(s) are to become Conservation Areas, or Reserves, and the latter's classification, will have a bearing on their availability for public recreation. This is pertinent to the public interest in tenure review. Please could you advise us of the intended land tenure/status so that we can make further submissions on this aspect if necessary.
PANZ believes that the above areas are the only areas on the property that warrant Crown ownership.
Access easements
In regard to the access easements proposed, we note that two
of the three are intended for public benefit.
We also note that two of the easements are easements in gross, and one an appurtenant easement.
We note that the two 'public benefit' easements are subject to section 7(2) of the Conservation Act. We strongly support this, as these easements are deemed to be interests in land that require public notification-objection procedures if these are at any time proposed for revocation or modification. The one easement that isn't subject to Section 7(2), is for DOC management purposes. We are not concerned about this as DOC has generally demonstrated a greater willingness to protect its own direct interests that that of the public at large. The section 7(2) restraint on any future revocation of public easements, provides a measure of restraint on DOC if the department wishes to extinguish public use rights in the future.
Our lawyers advise us that there are major differences in the security afforded to public rights of passage between easements in gross, and easements appurtenant to particular parcels of land.
We understand that easements in gross, with the public in general being the specified beneficiaries, provide rights of passage (confined to specified classes of user) akin to those enjoyed over public roads. There are common law remedies available to the public in the case of obstruction or denial of access by any user or by the parties creating such easements. We strongly believe that such rights be available as "the ultimate" protection of the public interest. We also understand that there are statutory remedies open to members of the public, independent of the Conservation Act. We therefore strongly support the 'Public access and vehicle parking' easement in gross from the Pukaki canal to the legal road leading to Darts Bush Stream. The public rights created over the easement are, and should be, akin to those over the legal road. The latter is passively an integral part of the proposals, otherwise alternative access would have to be provided up Darts Bush Stream.
We think it reasonable that on the above easement that use is confined to foot, 'person-powered' vehicles (e.g. cycles, carts, perambulators etc) and horses in the company of persons. It is critically important that such users enjoy "the full, free uninterrupted and unrestricted right, liberty and privilege from time to time and at all times by day and by night to go, pass and repass" over the easement. We note that no width is specified in the proposed easement. We think that this should be a minimum of 20 metres, to coincide with the legal road it adjoins.
In view of our discussion above, we have a concern that the 'public access easement' to the Pukaki Flats conservation area is an easement appurtenant to the conservation area. In effect, public users of the easement are 'at the pleasure' of the owner/occupier of the appurtenant conservation area. This has the potential to preclude or constrain common law remedies for obstruction of use over the easement. The terms of the proposed easement requires a Certificate of Title over the appurtenant land. We believe that the issue of 'title' to DOC is both unnecessary and dangerous. The Crown does not require 'title' to be the land owner. Only land that is transferred from the Crown requires Certificates of Title as evidence of ownership. The scheme of the Conservation Act is that the Crown owns land for public conservation purposes, not for DOC as some kind of separate Crown entity. DOC's proper statutory role is to be the administrator and manager of such lands, not an owner or occupier.
It should be noted that it is Labour's policy that the (recent) practice of issuing certificates of title for public lands be discontinued as a protection against future land sales.
We submit that the Pukaki flats easement becomes an easement in gross, on the terms proposed, with one clarification. The draft document variously refers to foot and "non-motorised bicycle access", or non-motorised "vehicles". There should be consistent reference to 'non-motorised vehicles'. Use of the term 'bicycle' would, for instance, preclude perambulators (prams in common parlance), which would be an unwarranted restriction.
Yours faithfully
Bruce Mason
Researcher, Spokesman & Perambulator Advocate