This page created
26 March 2003 / last modified 24 April 2003
Pt 141
Mackenzie Basin / Twizel
Canterbury Land District
Tenure review yet to be approved by Commissioner of Crown Lands
CROWN PASTORAL LAND ACT 1998
OMAHAU DOWNS TENURE REVIEW
NOTICE OF PRELIMINARY PROPOSAL
NOTICE IS GIVEN under Section 43 of the Crown Pastoral Land Act by the Commissioner of Crown Lands that he has put a preliminary proposal for Tenure Review to Neil Joseph Lyons, Lessee of the Omahau Downs Pastoral Lease.
Legal Description of land concerned:
Part 292 "Omahau Downs," Sections 1,2,3,8 and 9 SO 20049 Block VII Strachey Survey District contained in Certificate of Lease 47C/170 Canterbury Registry.
General Description of Proposal:
1. Under Section 35(2)(a)(iii) CPL Act, to designate 10 hectares (approximately) as land to be restored to full Crown ownership and control, being a riverbed.
2. Under Section 35(3) CPL Act, to designate 178 hectares (approximately) as land to be disposed of by freehold disposal to Neil Joseph Lyons subject to the following:
a. (a) Part IVA of the Conservation Act 1987; and
b. (b) Section 11 of the Crown Minerals Act 1991.
Further information, including a copy of a plan, is available on request from the Commissioner's contractor at the following address:
The Manager
DTZ New Zealand Limited
Land Resources Division
P O Box 564, TIMARU
PHONE (03) 684 8340
FAX (03) 688 0407
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 for submission:
Written submissions must be received no later that April 28, 2003.
SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE REVIEW
OF
OMAHAU DOWNS PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX
1. Details of reviewable instrument
2. Proposal
3. Descriptions of proposed designations
Appendix 1: Copy of Published Notice (15th February 2003)
Appendix 2: Plan
1. Details of reviewable instrument
Lease Name: Omahau Downs
Location: Twizel
Lessee: N J Lyons
Pastoral lease: Pt 141 Omahau Downs
Land Registry Folio Ref: 47C/170 Canterbury Registry
Legal Description: Parts Run 292 "Omahau Downs" being parts of the bed of the Twizel River on SO 20049, Sections 1, 2, 3, 8 & 9 SO 20049 Block VII Strachey Survey District contained in Certificate of Lease 47C/170
Area: 188.045 hectares
Term of the Lease: 33 years from 1 July 1995
2. Proposal
2.1 To be designated as land to be restored to or retained in full Crown ownership and control for the specified Crown purpose of Riverbed (under section 35(2)(a)(iii) CPL Act);
Area: 10 ha approximately (outlined PINK on the plan appended)
2.2 To be designated as land to be disposedof bv freehold disposal to person specified (under section 35(3) CPL Act):
Person specified: Neil Joseph Lyons
Area: 178 ha approximately to the nearest hectare
(outlined GREEN on the plan appended)
3. Descriptions of proposed designations
3.1 Land to be restored to full Crown ownership and control:
Total area = 10 ha (approximately)
This area is covered by the waters of the Twizel River. It is a prominent fishery in the area due to its accessibility from the main road providing a popular fishing area for locals and visitors to the District. The Lake Benmore fishery is reliant upon rivers such as the Twizel River to provide spawning and juvenile habitat in order to sustain lake fishing. Trout spawning is known to occur upstream as far as the Duncan Stream, a tributary of the Twizel River, upstream of this lease. Continuity of the Twizel River in full Crown ownership and control is therefore important to the inherent values of the region.
3.2 To be designated as Crown land to be disposed of by freehold disposal to Neil Joseph Lyons.
Total area = 178 hectares (approximately)
This area contains the steading area of the former Omahau Pastoral
Lease bounded by SH8 and Glen Lyon Road adjacent to the town of
Twizel. The land is generally flat and includes river terraces
ranging from good silt flats adjacent to the Twizel River, to
poor arid flats to the north and south of the central homestead
area. Approximately 60 hectares has previously been oversown and
topdressed, and used for hay paddocks.
Other development includes a small sweet briar orchard and a recreation permit enables the Holder to carry out Bed and Breakfast and homestays on the property.
Approximately 1/3rd of the property could be class)fied as Class VI land, with the balance Class VII verging on Class VIII.
Besides the three station houses, which includes the shearers' quarters, there are also three other houses, being a carry over from the electricity development in the district.
APPENDICES
1. Notice of Preliminary Proposal as advertised Timaru Herald 15th February 2003
2. Plan
OFFICIAL DOCUMENTS
Due diligence report (pdf 812KB) [LAND STATUS]
Conservation resources report (pdf 500KB)
--Proposed designations report (pdf 36KB) [ DOC RECS]
Public Access New Zealand
Thursday, 24 April 2003
Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
P O Box 564
Timaru
Fax (03) 688 0407
Submission on Omahau Downs Tenure Review Preliminary Proposal
Public Access New Zealand welcomes the intention to retain Crown ownership of the (bed of the) Twizel River.
As official documents associated with this review state, this is an important conservation and recreation resource. Its popularity is in large part due to its close proximity to Twizel.
There are however aspects of this proposal that do not appear to have been adequately considered or provided for. This is not "new information" but highly pertinent to the review and must be reconsidered. We believe not to consider the aspects we raise would be unlawful in terms of official duties for consultation.
1. The area for Crown retention is described as that "covered by the waters of the Twizel River". The area covered by water varies from season to season or in fresh or drought. It should be the bed of the river, from bank crest to bank crest that should be retained in Crown ownership. That is the presumption behind section 24F Conservation Act.
2. The area defined to be retained in Crown ownership is based on survey office plan SO 20049 which was prepared in 1998. This defines boundaries in terms of the then course of the Twizel River. However the Due Diligence Report (pg 5) states "in places the Twizel River is known to be flowing outside its bed as depicted on SO 20049". Therefore the current proposal does not meet the stated intention to retain the area covered by the waters, let along the bed.
3. This situation illustrates the nonsense of the CCL's policy of leaving dealing with marginal strips consequent to his approval of tenure reviews. New marginal strips are legally required along both banks of the Twizel River within the current area of the pastoral lease. However, going by past official performance, there is no guarantee that these will necessarily be created. If they are created there would be no need to attempt to retain the bed of the river in Crown ownership via the preliminary proposal. This would automatically occur via section 24F.
4. Leaving marginal strip matters outside of the CCL's tenure review process has resulted in faulty and deficient resource information and recommendations from DOC and F&G, that has a direct bearing on the adequacy of tenure review outcomes. DOC, while claiming to cover this matter in its Conservation Resources Report does not, presumably because of uncertainty as the existence of marginal strips. Fish and Game incorrectly confuses a legal road upstream of the SH 8 bridge as marginal strip and consequently do not recommend further provision.
5. In our opinion the proposal does not adequately "secure public access and enjoyment of the reviewable land" as required by section 24(c)(i) Crown Pastoral Land Act. Future utilisation of the river and margins depends solely on public access upstream from the State Highway 8 bridge, whereas the present pattern of public access appears to be rely more on direct access from Twizel township. This is evidenced by at least two well established tracks from Glen Lyon Road. These are informal arrangements across either the land under review or other land beside the road (freehold?). This established pattern of access has not been considered in the tenure review proposals. One of the tracks, opposite Nuns Veil Road, appears to be on the pastoral lease. If so this should be formalised as public access to the river. If the track is not on PL, an alternative alignment along the PL boundary immediately nearby should be provided. There should be a minimum of foot access at all times, with no discretion for closure.
6. It is crucially important that ready access to "wild" open space be provided close to urban populations such as Twizel. This is the only river flanking the town's boundaries. As the population grows, and subdivision pressures increase on the eastern side of Glen Lyon Road, over time it will become more important that riverside open space is retained and remain accessible to the public. In our view a standard 20m marginal strip on the true right bank of the Twizel River will be inadequate to satisfy public recreational needs. Passage along much of this bank would be difficult due to dense willow cover, whereas a wider strip would allow ease of passage. However the greater need is to retain in Crown ownership the flood plain between the current position of the Twizel river and old river channels near Glen Lyon Road. This area should be managed for informal public recreation and would be best designated recreation reserve. Control could be vested in the district council if DOC is disinterested in controlling the area. As this area appears to be flood prone there would be no loss of building/ subdivision potential.
Other matters bearing on the review
7. We are most disappointed that DOC has not identified the bed and margins of the Twizel River as having "significant inherent values" - a prime consideration under the CPLA. In this regard we believe that the department has failed in its obligations. It is fortunate that other parties, presumably the Crown's agent, did identify that it is "important to the inherent values of the region" that full Crown ownership is restored.
8. Failure to create marginal
strips
The lease fell due for renewal in 1995. Renewal is a disposition.
Disposition requires the laying off of marginal strips along qualifying
waterways. The Twizel River is a qualifying waterway. No marginal
strips were created. Instead the dubious device of a "variation
of the term of the lease to expire 30 June 2028" was used,
so avoiding "disposition" and the creation of marginal
strips. This leads to doubts that other devious devices will be
found to avoid the creation of marginal strips on this final disposition
or freeholding of Crown land. We seek assurances that marginal
strips will in fact be created.
Summary of recommendations
Yours faithfully
Bruce Mason
Researcher and Co-Spokesman