Discretionary pastoral activity decision - Fencing including scrub clearance - A8215975

For this decision summary:

• LINZ received the application before 17 November 2022 
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 excluding the amendments taking effect on 17 November 2022.

Fencing including scrub clearance

5 years including maintenance rights

The Commissioner of Crown Lands has determined that there are benefits to farming from allowing the lessee to disturb soil and clear scrub for the purposes of constructing a new fence. The benefits are associated with containing stock, lease security, improved grazing management, and better control of gorse and broom seedlings by grazing which reduces the need for chemical spraying. Being able to carry out this activity will therefore make it easier to use the land concerned for farming purposes, and the conditions recommended will promote good management practice and mitigate effects on the inherent values identified in the area.

Consent is subject to the following conditions:

1. Consent is granted to disturb soil (and clear scrub) for the purposes of constructing a new fence line on or near the yellow and red lines on the plans attached to the Notice of Decision, subject to the conditions below.
2. Soil disturbance and scrub clearance by mechanical means for fence line benching may be undertaken only along the yellow lines on the plans. Along the red lines, soil disturbance and scrub clearance is to be with hand tools.
3. Soil disturbance and scrub clearance may be up to a maximum of 3m wide plus any spill and batters, but is generally to be kept to the minimum required to construct the fence. Where possible, existing tracking is to be utilised.
4. Any uphill batters are to be sloped off or struck back to minimise slumping.
5. If required, cut-offs are to be constructed with adequate protection to prevent erosion, and run-off transfer should be to an area where any sediment can settle or be filtered by vegetation before reaching any waterway.
6. The Rough Stream areas of erosion shown labelled “Area 1” and “Area 2” on plan 1 are to be avoided.
7. The Rough Stream floodgate is to be constructed and maintained in a way that avoids waterway blockages. No additional material should be deposited into the stream other than rocks, and crossings by vehicles and machinery during construction are to be kept to a minimum.
8. Any invasive weeds emerging along the new fence line after completion of the works are to be controlled.
9. Any contractor vehicles and machinery are to be cleaned prior to entering the lease to minimise the possibility of weed infestation. Fuel and oil storage facilities should be sited to eliminate the possibility of a leak or spill into any waterways. The lessee is responsible for ensuring any contractor operates under the conditions of this consent.

The Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.