Commercial recreation permit decision - Accommodation - A77452654

For this decision summary:

• LINZ received the application on or after 17 November 2022
• accordingly, the decision was made under the Land Act 1948 including the amendments taking effect on 17 November 2022.

Accommodation

20 years

The Commissioner of Crown Lands has determined that the proposed activity is one which comes within the provisions of section 66A Land Act 1948, and that provided the terms and conditions specified in the attached permit are adhered to, these will minimise any potential adverse effects of the proposed activities on inherent values that it is considered desirable to protect. The proposed fee is intended to be a fair fee and in accordance with the obligations of the Crown Pastoral Land Act.

1. Not remove any vegetation, disturb any soil or light any fire on the Operational Area other than is reasonably necessary to undertake the activities specified in the First Schedule of this permit. 
   For the avoidance of doubt, soil disturbance shall be limited to that necessary for the establishment of building platforms/ foundations for the five chalets, the construction of a new accessway (with associated manoeuvring, turnaround and parking areas), servicing (including water supply, wastewater and stormwater treatment and disposal), landscape treatment and the infill of silage pits in the locations approved by the Grantor as shown in the plan titled ‘Chalets Overall Landscape Concept – Proposed Visitor Accommodation. Prepared by Jeremy Head Landscape Architect Ltd. 21 February 2025’ contained in the First Schedule of this permit.
2. Operate the activities permitted by this Permit within the Operational Area in an efficient, professional, safe and reputable manner in accordance with industry standards and any relevant codes of practice.
3. Ensure that the activities authorised by this Permit will be confined exclusively to the Operational Area and use the Operational Area solely for the activities authorised by this permit.
4. Not at any time cause any building, erection, structure or fence or alteration or addition thereto to be placed or carried out upon the Operational Area other than those authorised by the Grantor as set out in general accordance with the plan titled ‘Chalets Overall Landscape Concept – Proposed Visitor Accommodation. Prepared by Jeremy Head Landscape Architect Ltd. 21 February 2025’ contained in the First Schedule of this permit.  
5. Ensure that all vehicle use associated with the operation of the visitor accommodation is limited to the formed accessway, parking and turnaround areas within the Operational Area as identified on the plan titled ‘Chalets Overall Landscape Concept – Proposed Visitor Accommodation. Prepared by Jeremy Head Landscape Architect Ltd. 21 February 2025’ contained in the First Schedule of this permit.
6. Ensure that any structures associated with the visitor accommodation activity are:
   • Sited, designed and finished in a manner that responds to the natural landform and vegetation patterns.
   • Constructed of recessive materials and finished with a colour palette that visually integrate with the surrounding landscape.

Construction activities, including soil disturbance

7. Not at any time undertake construction activities within any waterbodies (including ephemeral streams); or wetland areas (including small ephemeral (kettle hole) wetlands) within the operational area.
8. Not undertake any planting within any wetland area.
9. In addition to the requirements of Clause 4.1, ensure that any soil disturbance (including that associated with the installation of any servicing or access requirements) is minimised.
10. Ensure that any surplus surface soil removed from the Operational Area is deposited appropriately.  
11. Ensure that any new material brought into the Operational Area, including soil, metal and gravel, is clean and weed free.
12. Stabilise any disturbed, reused or repurposed soil near any waterway or wetlands immediately following placement.
13. Rehabilitate any areas of disturbed soil as soon as practicable following the completion of the construction of all chalets and associated site works to retain the residual coherence and natural character of the location.
14. Ensure that the removal of the silage pits from the site is undertaken in accordance with necessary requirements and regulations to ensure that contamination of land and / or water is avoided.  

Landscape treatment

15. Limit any planting undertaken within the operational area to indigenous species appropriate to the Mackenzie Ecological District. These species shall be from the list contained in the Third Schedule.
16. Establish any planting on site as soon as practicable within the planting season following the completion of the construction of all chalets and associated site works.  
17. Ensure that all bulldozers and other equipment are clean and clear of soil and seeds before entering the operational area to avoid the spread of weeds on disturbed ground.

Servicing

18. Ensure that provision is made for suitable wastewater disposal, and stormwater treatment and discharge from each chalet.
19. Ensure that stormwater discharge from the chalets and any hard standing areas occurs in a manner that avoids altering the existing wetland inundation regime.
20. Ensure that provision is made for sufficient potable water and water for firefighting purposes for each chalet as required by the relevant local authorities, provided that the storage and use of water for this purpose does not adversely affect any natural inland wetlands on the site (e.g. by flooding the wetland, or taking water from the wetland).

Accidental discovery protocol

21. Ensure that neither historical artefacts or sites, if present on the Operational Area, are disturbed nor relics removed by the Grantee or any participants in the Activities under this Permit.
22. Ensure an accidental discovery protocol (ADP) in accordance with the Fourth Schedule is in place during all earthworks.
23. In the event of an accidental discovery of any archaeological sites, ensure that work ceases immediately.  The Grantee must advise Heritage New Zealand and the local mana whenua of the discovery. The Grantor must also be advised of all discoveries and outcomes from Heritage New Zealand.

Removal of material

24. Remove and take away or cause to be removed and taken away all materials, structures, contaminants, human waste, refuse, vehicles, equipment and vegetation placed on the site within a reasonable time frame for the purposes and activities set out in the First Schedule.
25. Ensure that any damage or disturbance to the surface of the land as a result of the activities allowed by the Permit is restored to its former condition to the reasonable satisfaction of the Grantor and Lessee.
26. Ensure the "Leave No Trace" Principles of Leave No Trace New Zealand (www.leavenotrace.org.nz) and the New Zealand Environmental Care Code are adhered to at all times when on the Operational Area. However, for the avoidance of doubt, if any inconsistencies exist between these principles and the Grantee’s obligations outlined in this Permit, these Grantee obligations shall override at all times.
    Hazards
27. Take all reasonable precautions to guard against danger on the Grantor’s land and prepare a fire action plan and keep on site appropriate fire extinguishers, shovels, and /or knapsack sprayers for use in a fire event.  
28. Take all reasonable precautions, in relation to any motor vehicle to prevent the accidental starting of any fire, particularly at times of high fire risk.

Compliance with other statutory requirements

29. Comply with the provisions of the Health and Safety at Work Act 2015 or any Act in substitution thereof and any regulations thereunder.
30. Comply, and ensure that all clients and other invitees of the Grantee comply, at all times with the provisions of the Biosecurity Act 1993 and any amendments and substitutions thereof, and the Ministry for Primary Industry (MPI) Biosecurity New Zealand guidelines, including compliance with guidelines for limiting the spread of Didymo as published by Biosecurity New Zealand.

31. Comply at all times with all statutes and regulations and obtain all approvals, consents and authorisations as are necessary for the Grantee to conduct the activities permitted by this permit, including compliance with local authority bylaws, rules and regulations and with the provisions of the Resource Management Act 1991 and any Act in substitution thereof.   

    Ownership and Removal of Chalets and Restoration of the Operational Area

32. The Chalets and all ancillary structures and improvements placed by the Grantee on the Operational Area pursuant to clause 1 of this Permit and as detailed in the First Schedule, will remain the property of the Grantee and will not for any reason become the property of the Grantor.
33. The Grantee will, on expiry of the Term or on earlier termination of the rights created by this Permit:
    • Remove the Chalets and all ancillary structures and improvements placed by the Grantee from the Operational Area within six months and will restore the Operational Area and any part of the Grantor’s land as nearly as possible to the condition that it was in at the commencement of this Permit; and
    • Within six months restore appropriate vegetation to any remaining areas of bare ground caused by this Permit to the satisfaction of the Grantor.
34. If the Grantee has not taken the steps set out in clause 32 and 33 of this Permit within the specified time, the Grantor may remove the Chalets and all ancillary structures and improvements placed by the Grantee from the Operational Area and restore the Grantor’s Land as nearly as possible to the condition that it was in at the commencement of this Permit and recover all costs incurred from the Grantee.

Other 

35. Meet all obligations under the Fire and Emergency New Zealand (FENZ) Act 2017, including ensuring that FENZ is notified is a fire is getting out of control or spreading, and taking reasonable steps to reduce likelihood of harm or damage if you discover (or accidentally start) a burning or smouldering or an ensuing fire.
36. Not to interfere or obstruct the Grantor or his/her agent’s employees or contractors or authorised invitees.

Recreation permits granted by the Commissioner of Crown Lands also incorporate (with minor variations) the terms set out in Appendix H of the Standard for purchase, alienation, and administration of Crown land - LINZS45002.