This page last modified 18 September 1999
So 217
Benmore Range
Otago Land District
Tenure review approved by Commissioner of Crown Lands xxxx
COMMISSIONER OF CROWN LANDS
Application for Exchange of Property Rights
Otago University Endowment Lease
KF REF: S217 LINZ REF: CASE NO:
Application Date: 18 June 1993
Submission Date: 22 November 1996
(1) EXECUTIVE SUMMARY:
The Kelland family of Glenbrook Station applied a number of years ago to freehold their Otago University Endowment Lease. The freehold is required to attract investment to diversify land use. The University agreed to the freeholding proceeding in November 1995. The path to freeholding is provided in the Reserves and Other Lands Disposal Act 1977 as amended by the Reserves and Other Lands Disposal Act 1981.
The Glenbrook property is located in the Mackenzie Country in the vicinity of Twizel. The property ranges from extensive easy downs south of the Ohau River to the crest of the Benmore Range. This proposal recognises areas identified for protection under the Protected Natural Areas Programme report for the Mackenzie Ecological Region, land of marginal suitability for pastoral use on the Benmore Range and the public desire for access to the range. This is considered in the context of the current and potential farming operations, and the potential for alternative land uses including forestry and tourism.
(2) LEASE DETAILS:
University of Otago Endowment Lease administered on the terms and conditions of a pastoral lease issued under the Land Act 1948. The land was vested in the University of Otago as an endowment by the University of Otago Endowment Ordinance 1870 (Province of Otago). The land became administered under the Land Act 1892 (and subsequently the Land Act 1948) by the virtue of the Otago University Reserves Act 1904.
Legal Description: Run 546 and Part Run 545 Ohau River and Benmore Survey Districts. CT 386/127
Area: 9925.4056 hectares
Lease Details:
Tenure: Pastoral Lease, Section 66 Land Act 1948
Term: 33 years from 1 July 1992
Rental Value: $ 210,000
Annual Rent: $ 3,150 plus GST
Rent Review: 1 July 2003
Base Stock Limitation: 4950 sheep (including not more than 3520 breeding ewes)
Personal Stock Limitation (1989): 8400 sheep (including not more than 5400 breeding ewes) 120 cattle (including not more than 80 breeding cows) 650 goats
Lessee: Glenbrook Run Company Limited (John and Guy Kelland)
Other Land Held: Nil
(3) RESOURCE REPORTS:
3.1 PROPERTY REPORT:
Location: Situated on State Highway 8, 10 kms from the local service centre of Twizel. Professional services and major rural services are available at either Timaru or Oamaru, 190 kms.
Altitude: 450 to 1850 m.a.s.l.
Contour and Aspect: Approximately half the property is flat to easy downs lying to the north and west. The remainder is moderately steep to steep hill rising to a gently range top, lying west and northwest.
Climate: Mackenzie Basin climate with generally hot dry summers and cold winters with severe frost, periodic snow and frequent fog. Annual rainfall 600 - 650 mm, but extremely variable and reduced effectiveness due to northwest exposure.
Subdivision, Water and Shelter: The property is subdivided into 28 blocks and 26 paddocks with generally good quality fencing. Stock water is provided by natural creeks and minor stock races. Irrigation is available to approximately 50 ha. Shelter is predominantly natural contour with strategic planted shelter in the homestead area and east of the State Highway.
Weeds and Pests: Hawkweeds are present over most of the property with significant infestations on all undeveloped areas. Moderate areas of sweet briar. Isolated infestations of other weeds which are rigorously controlled. The property is very rabbit prone requiring high annual control costs. Current numbers are low on most areas.
Land Use Capability:
| Class III | 695 ha | 7.0% |
| Class IV | 595 ha | 6.0% |
| Class V | 149 ha | 1.5% |
| Class VI | 6154 ha | 62.0% |
| Class VII | 1439 ha | 14.5% |
| Class VIII | 893 ha | 9.0% |
| Total Area | 9925 ha | 100.0% |
Of the Class VII and VIII, 612 ha has been retired from grazing but retained in the lease.
Soils:
Terraces and Fans - 4148 ha (42%) Pukaki, Dalgety and Acheron soils of medium natural fertility. The native cover is mostly fescue tussock with some silver and snow tussock.
Rolling and Hills - 2441 ha (25%) Tirioti, Tekapo, Kirkliston and Puketeraki soils with a mix of very low to medium natural fertility. The native cover is mostly silver and fescue tussock with some patches of matagouri.
Steep Lands - 3333 ha (33%) Omarama, Benmore and Kaikoura soils ranging from very low to medium natural fertility. Native cover is fescue and snow tussock.
Cover:
50 ha Irrigated pastures
295 ha Cultivated dry land
1670 ha Oversown and topdressed tussock well maintained
3785 ha Unimproved tussock
3500 ha Severe hawkweed
612 ha High country retired from grazing
7 ha Trees
6 ha Buildings and waste
9925 ha Total Area
Stock and Production (1995/96):
Sheep:
5100 Breeding ewes (1/4 bred)
2000 Other sheep
7100 Total sheep
6500 Sheep stock units
90% Lambing
4.5 kg/sheep Wool
6500 Total Stock Units
Stock production is average or slightly above for the district. Stock numbers have been reduced from a peak of 7300 su in 1991 in accordance with climatic factors and hieracium Ingress.
General:
This property supports two farming families. Significant pasture improvement was completed in the late 1970's. This has been maintained and subsequently expanded. Diversification into minor tourist activity has run parallel to farming. A significant portion of the property has potential for irrigation should a scheme fed from the Ohau River proceed.
3.2 CONSERVATION RESOURCE:
Part 1:
INTRODUCTION:
Glenbrook is an Otago University Endowment Lease located 4 km south of Twizel. Glenbrook is located at the northern end of the Benmore Range and encompasses some of the flat alluvial plains south of the Ohau River.
Glenbrook is part of the Omarama Ecological District and the Benmore Ecological District, which comprise part of the greater Mackenzie Ecological Region.
This property was surveyed in 1983 as part of the Protected Natural Areas Programme. Two Recommended areas for protection (RAP'S) were identified, RAP 4 Spring Creek, and RAP I Benmore Range Tops.
Part 2:
CONSERVATION RESOURCE DESCRIPTION:
2.1 Landscape:
Glenbrook is bounded in the east by the Benmore Range which dominates the entrance to the Omarama and Twizel areas. The large flat outwash plain along side State Highway 8 is still largely unmodified except for power pylons along the base of Table Hill. This terrace for travellers moving north provides one of the first views of Mount Cook and the greater Mackenzie Basin.
Table Hill a dry moronic hill dominates the northern boundary of this property. Shelter belts, power lines, power pylons and the road are the main man made intrusions on the property. While the Benmore Range is tracked they are not obvious from the highway.
The terraces in the vicinity of the highway have been identified in a Boffa Miskell study in 1992 as having high visual vulnerability. Any development could alter the colours, patters and forms that provide a natural gateway into the Mackenzie and Waitaki Basins.
2.2 Landform and Geology:
Glenbrook has two distinct landforms the dissected block Benmore Range and the moranic hills and outwash terraces. The Benmore Range rises from 350 m to 1850 m.a.s.1. The rounded summits have been shaped by periglacial process, while the slopes have been dissected by fluvial action. The mountains are mainly comprised of Permian greywackes and argillites.
The fluvial processes have formed fans around the base of the mountains. These fans mix in with the outwash gravels of glacier till that forms the terraces on the norther part of the property.
The soils are variable being Ohau and Tekapo dry hydrous yellow brown earths on glacial tills to Omarama yellow grey earths on the lower Benmore Range and Benmore high country yellow brown earths on the higher slopes of the Benmore Range.
2.3 Vegetation:
The vegetation on Glenbrook can be divided into two main geographical areas.
These are:
(i) Benmore Range, above 1000 m narrow leaved snow tussock Chionchloa rigida slowly increases in abundance and stature with altitude. The Chionchloa rigida gives way to slim leaved snow tussock "C macra" at about 1200 - 1300 m along with "Festuca mattewsii ''. The top of the range between 1160 - 1845 was identified as part of on RAP 1 in 1983.
The lower hill slopes below 1000 m one highly variable with patches of good C rigida on shady faces and depleted fescue tussock on the more northerly facing slopes. Lower down sweet vernal and browntop grow between the tussocks at the lower altitudes. Two of the main top hill blocks have not been OSTD. The gullies contain shrublands of predominantly briar and matagouri.
(ii) Moranic/outwash terraces, this area is largely depleted fescue tussock grassland, with extensive areas containing hawkweed Hieracium pilosella along with sweet vernal and browntop.
Part of this area was identified in 1983 as RAP 4 Spring Creek. This depleted fescue/hawkweed grassland is the only remaining fescue tussock grassland of any significant surviving in the Omarama E.D. This small corner does host some diversity with sedges growing along this margins of Spring Creek and patches of native broom scattered through the area.
Part of the flats around the homestead are highly modified, having been OSTD and irrigated.
2.4 Fauna:
No known fauna of significance has been noted in the property. The birdlife includes the sky lark, chukor, California quail and the New Zealand pipit. The property is close to the black stilt breeding centre and probably receives the occasional visitor.
The common skink and common gecko are present. Benmore Peak to the south of Glenbrook hosts on endemic millipede and a flightless tiger beetle.
2.5 Existing Land Stratus:
As part of the District Plan revision RAP 4 was proposed as a natural area of significance and was extended to 1000 ha. This was to encompass the landscape and ecological values of the property. A later reassessment reduced the proposal back to the original 100 ha.
2. 6 Recreation/Access:
2.6.1 Access: Currently access to the Ohau River, Wairepo Arm and Kellands Ponds is on formed tracks that lie outside the property boundary. Legal access via formed tracks on to the top of the Benmore Range is currently not available. The lessees have allowed recreational access through their property when permission has been requested.
2. 6. 2 Uses: Use of the Ohau River and ponds which adjoin the property is high, with angling being the main recreation. Picnicking around the Wairepo Arm is also popular.
A low level of use is made of the Benmore Range by trampers and mountain bikers. A recent heli-bike concession has resulted in an increase in use of the tracks on the property. The Benmore Range provides views over the Mackenzie and Waitaki Basins and potential exists for increased use of the range by trampers and mountain bikers and 4WD vehicles. Other activities such as ski touring and parapenting also occur from time to time.
2. 6. 3 User Issues.
The main issue involves unimpeded public access on to the range. The main access tracks pass through the homestead/yards area. Use of these tracks could result in stock disturbance and would affect the privacy of the area. The flats along the base of the hill are highly developed and are the main focus of the farming operation. Stock disturbance, especially during lambing is a common recreational issue and because of the locality of the tracks and developed pasture, is a more difficult problem to overcome.
Track maintenance for 4WD vehicles and mountain bikes on to Benmore tops is an issue. The current heli-bike operator has graded one track to make it more acceptable for his clients. Part of the track along the ridge is located on the adjoining property and therefore access requires permission from two landowners.
2 . 7 Existing Management:
Management problems that could potentially affect the inherent values on the property are:
(i) Rabbits and broom spread into RAP 4 on the flats. Glenbrook is in a high rabbit proneness area, and protection if the RAP could potentially provide some high costs to DOC. Broom is on the adjoining land and could spread on to the RAP.
(ii) An irrigation proposal to border dyke the flats would change the nature of the large terrace alongside State Highway 8, and would also affect part of RAP 4.
(iii) Spring Creek is a vital water source to Glenbrook and periodically the water course is cleared to ensure that a continuous flow of water occurs. There is a conflict of use here. As any earth disturbance would affect the ledges alongside the water course.
(iv) Wilding pines are a widespread problem in the Mackenzie Basin and while not of concern on Glenbrook, would need monitoring.
(v) Other issues such as fencing, fire, forestry installations and public use could affect the inherent value of the property.
3.3 MINERAL RESOURCES:
There is no history of mining in this vicinity and no known reserves of precious metals. Some use has been made of the outwash gravels for road construction and in conjunction with the Upper Waitaki Hydro Development.
3.4 TOURISM:
The property is located on State Highway 8, the major tourist route, Christchurch - Mount Cook -Queenstown. The provision of tourist services is rapidly growing in nearby Twizel and Omarama.
A limited range of tourist ventures currently involve the property, including accommodation and heli-biking. Further potential exists including snow sports on the range crest.
(4) PUBLIC CONSULTATION:
4.1 NGO CONSULTATION:
The review of this property includes a formal NGO meeting plus ongoing consultation with interested groups. The process is not required by the legislation but has been agreed to by the parties. Public advertising is not proposed.
The NGO meeting was held in Oamaru on 3 July 1996. Several local groups were invited. The only person who attended was Mr Scarf representing Central South Island Fish and Game Council. Mr Float representing FMC sent a written submission and Mr Mason representing PANZ provided telephone comment.
Points raised were:
4.2 NGAI TAHU CONSULTATION:
An inspection of the property with Trevor Howse representing Te Runaga O Ngai Tahu was undertaken on 18 April 1996. Comment will be provided when requested.
4.3 CONSERVATION BOARD CONSULTATION:
The proposal has not yet been discussed with the Aorangi Conservation Board.
(5) ANALYSIS AND DISCUSSION:
Key areas of interest to the Crown are the two RAP's Spring Creek and Benmore Tops.
5.1 SPRING CREEK RAP:
The Spring Creek area has been reviewed on a number of occasions and at one point a large portion of the flats both sides of State Highway 8 were included. The area recommended at the commencement of this negotiation approximated the original RAP. The majority of this area is critical to the alignment of the main race for the proposed Ohau/Ahuriri Irrigation Scheme. As part of this review the site has been further investigated and it has been agreed that an area of approximately 40 ha be reserved above the level of the proposed irrigation. This area is to be destocked and rabbit fenced as a reference point for soils and fescue tussock grassland.
5.2 BENMORE TOPS RAP:
The Benmore Tops RAP is only partially on this property and is adjoined by land retired from grazing plus an extended area of high altitude Class VII and VIII land. The majority of this is as it affects this property is contained in two fenced blocks.
It is recommended that approximately 1500 ha being the retired area plus the entire Upper Big Hill Block be retained by the Crown and transferred to the conservation estate. The following values justify this protection
Having made this recommendation it is noted that the area is important to the property from two perspectives; summer grazing and potentially commercial recreation. A grazing permit was considered as part of the proposal allowing limited grazing during two of the next 10 years. Following discussion it was agreed not to proceed with this option, but rather to have an understanding that the Kellands may approach DOC should emergency grazing be necessary.
The commercial recreation opportunities will be recognised by including a clause in the "Heads of Agreement" stating that DOC will, without giving exclusive rights allow the Kellands first opportunity to undertake commercial ventures on the surrendered land.
The lower portion of the proposed conservation land and the proposed freehold is rabbit prone. To prevents rabbit moving across the boundary, it is recommended that the existing fences be rabbit netted as a cost against tenure review. Ongoing maintenance will be subject to normal boundary agreements.
5.3 CLASS VII AND VIII LANDS:
The majority of the Class VII and VIII land is contained in the proposed Benmore Tops conservation area. A lesser area is contained in two blocks adjoining Glencairn lease at altitudes of up to 1250 metres. Due to the nature of this country and it being contained in larger blocks, a significant part of which could be oversown and topdressed we are recommending reclassification and freeholding of these balance areas.
5.4 PUBLIC ACCESS:
An access easement into the proposed Benmore conservation area is necessary and it is proposed that all year round walking access be granted.
It is envisaged that this easement would start on the northern boundary of the property near the Wairepo Arm Road. Access would follow the boundary fence onto the top of the range. There are problems with this easement in that a major portion of the track along the tops is on an adjoining property, therefore precluding mountain bike or vehicle access. These will be more appropriately considered in connection with adjoining properties.
Signs and styles would be necessary to mark this route. Vehicle access is not a requirement and this could be on a permission basis. Costs of maintaining vehicle tracks in not considered to be a DOC priority. DOC access for management purposes from time to time has been agreed to on the basis of "on request".
This easement does traverse the boundary of a high developed farm land and there is some potential for disturbance to stock during the lambing and marking period. However it is considered that careful siting and marking of this easement may resolve this issue.
Potential exists for concessionaires and the public user groups to require the same easement. However the hill slope has other tracks available for concessionaires. This northern proposal would have less impact on the farming operation and would not affect the privacy of the homestead.
5.5 FARMING AND OTHER COMMERCIAL USE:
The proposals above have some impact on the farming operation. The loss of summer grazing being the most significant. In dry years this area carried up to 2000 ewes for 4 - 6 weeks. This is a direct equivalent of some 230 su on an annual basis, and a possible impact on the property of 500 su. There is potential for irrigation development to offset this.
The re-defined Spring Creek RAP will primarily impact on stock handling. Realignment of fences and gate-ways will be necessary to compensate for this.
The public access has potential to reduce grazing effectiveness in the northern blocks and in particular inconvenience during lambing and marking.
In keeping with other tenure reviews the proposal gives greater security for investment in land uses such as forestry and irrigation farming. There will also be greater freedom for tourist activity. The latter may be affected by the need to apply for concessions over land transferred to the conservation estate. As noted previously a protocol for concession application will be developed in conjunction with the Heads of Agreement.
(6) SUMMARY OF PROPOSAL:
It is proposed that approximately 8395 ha of the property be reclassified as farmland and made available for freehold tenure. This land is made up of the following land use capability classes:
| Class III | 695 ha | 8% |
| Class IV | 575 ha | 7% |
| Class V | 145 ha | 2% |
| Class VI | 6030 ha | 72% |
| Class VII | 930 ha | 11% |
| 8375 ha | 100% |
The current cover is:
50 ha Irrigated pasture
295 ha Cultivated dryland
1670 ha Well maintained OSTD tussock
2897 ha Unimproved tussock
3450 ha Severe hawkweed
7 ha Trees
6 ha Buildings and waste
8375 ha
There are two areas recommended for inclusion in the conservation estate:
(7) RECOMMENDATIONS:
(a) That the Glenbrook Lease be surrendered from a mutually agreed date following the completion of survey.
(b) That an area of approximately 8375 ha edged pink on the attached plan be reclassified as farmland and disposed of on freehold title to the Glenbrook Run Company Limited.
(c) That two areas totalling approximately 1540 ha edged green on the attached plan be transferred to the conservation estate.
(d) That a foot access easement be established as shown in orange on the attached plan subjects to final identification on the ground prior to survey.
(e) That the financial arrangements
be in accordance with the separate financial report.
Public Access New Zealand
R D 1 Omakau
2 April, 1997
Ken Taylor
Manager
Knight Frank (NZ) Ltd
P O Box 27
Alexandra
Fax 448 9099
Dear Ken
Tenure Review - Glenbrook Station
Thanks to the University of Otago and the lessees for the opportunity to comment on the proposed tenure review. We have commented previously at the 'early warning' stage and are pleased to see that what we requested has largely been accommodated in the proposals.
We are pleased to support the proposals.
There are aspects however that do need clarification/ refinement-
(1) Access to Kelland Pond.
The report twice states that the access is on formed tracks "that
lie outside the property boundary". However the accompanying
plan includes 'Kelland Pond' and the last part of the vehicle
track within the property. The report notes that this is part
of a 'high use' area, being particularly important for angling.
It is important therefore that the pond and access be secured
as a public reserve.
(2) Public access easement.
In view of the complications arising from part of the vehicle
track being on adjoining properties, we support the placement
of the foot easement up the 'inside' of the boundary fence on
Glenbrook. The proposed easement is confined to foot access because
of these difficulties, however as noted in the report, the question
of mountain bike access "will be more appropriately considered
in connection with adjoining properties". The discussion
about the easement is silent as to whether provision will be made
for future mountain bike access along the Glenbrook easement should
this be successfully negotiated on neighbouring properties. We
believe that the opportunity for future bike access should be
incorporated into the easement agreement now, subject to legal
agreements allowing such use on all the necessary adjoining properties.
We strongly support the terms of the easement providing "all year round" access. Certainty of access, without necessity for prior contact/permission with/from a landowner is an essential outcome from this and other tenure reviews.
Another public expectation is security of access. The proposal is silent as to the means of securing the easement. Although it is commonly assumed that registering easements against certificates of title provides all the security needed, this is in fact incorrect. On application of one or both parties the Courts have the power to modify or extinguish easements, without any requirement for public notification or objection (S 126G Property Law Act 1952). For a public easement, providing public access to public lands, this is an entirely unsatisfactory state of affairs.
In addition to registering against the certificate of title the easement should be held by DOC as an interest in the land under section 7(2) Conservation Act. Any intended modification or extinguishment of the easement would then require DOC to go through public notification and submission procedures, just as if it were land held for conservation purposes.
Yours faithfully
Bruce Mason
Researcher & Co-Spokesman
Knight Frank
LAND RESOURCES DIVISION
Alexandra
9 November 2000
Public Access New Zealand.
Bruce Mason
RD l
OMAKAU
Dear Sir
RE: GLENBROOK TENURE REVIEW
Thank you for your submission in relation to the Glenbrook tenure
review in March 1997.
The Commissioner of Crown Lands has made the following decision
in relation to this review.
l. To return to full Crown ownership as Conservation Areas approximately
l500 hectares on the Benmore Range and approximately 40 hectares
on the Flats.
2. To reclassify approximately 8385 hectares as farmland and to
dispose of this on freehold title to Glenbrook Run Company Limited.
3. To create an easement for public access on foot only to the
Benmore Range Conservation Area.
These areas are depicted on the attached plan.
Yours faithfully
KNIGHT FRANK (NZ) LIMITED
Suzanne Smith
Property Officer