Commercial recreation permit decision - Various activities - A7511289

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.

Various activities

15 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.

Consent is subject to the following conditions:

The Grantee shall:

1. Not remove any vegetation or light any fire on the Operational Area (other than as reasonably necessary to undertake the activities specified in the First Schedule).
2. Only disturb the soils in the Operational Area for the purposes of creating a base facility for the aerodrome operation, this being limited to the sites of the proposed buildings, fuel storage facilities and associated landscaping and accessways.
3. 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 provided for in the Permit Schedules.
4. Comply at all times with all laws including but not limited to all statutes and regulations and, in particular, Civil Aviation Authority requirements and obtain all approvals, consents and authorisations by all relevant parties as are necessary and comply with the relevant industry standards and codes of practice in order for the Grantee to conduct the Activities permitted by this permit. Any other approvals or consents required with regard to access to the Operational Area or the use of light aircraft or helicopters or undertaking of the Activities shall be the sole responsibility of the Grantee to obtain.
5. Keep an up-to-date written log of all aircraft and helicopter movements which shall be made available at the request of the Grantor.
6. Remove and take away or cause to be removed and taken away all contaminants, human waste, vehicles and refuse placed on the site for the purposes and activities set out in the First Schedule.
7. 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.
8. Ensure that all vehicle use is kept to formed tracks.
9. Comply with the provisions of the Health and Safety in Work Act 2015 or any Act in substitution thereof, and any regulations thereunder.
   1. Inform the Grantor about any health and safety concerns, hazards or risks in the Permit Area that you become aware of; and
   2. Inform the Grantor about any notifiable events that occur in the Permit Area and any notice issued by the regulator under the HSWA that relates to the activities in Schedule 1; and
   3. As is reasonably practicable, consult, cooperate and coordinate your activities with the Other Right Holders and any other parties who also have authorisation over the Permit Area including (where applicable) the Lessee regarding health and safety.
10. Ensure that the activities authorised by this permit will be confined exclusively to the Operational Area (as defined on the plans attached as the Third Schedule) and use the Operational Area solely for the activities authorised by this permit.
11. Take all reasonable precautions to guard against danger on the Grantor’s land.
12. Not interfere or obstruct the Grantor or his/her agent’s employees or contractors or authorised invitees.
13. Comply at all times with the provisions of the Biosecurity Act 1993 and the Biosecurity New Zealand guidelines, including compliance with guidelines for limiting the spread of Didymo as published by Biosecurity New Zealand.
14. 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.
15. Keep and maintain the Operational Area, all improvements on the Operational Area whether owned by the Grantee or the Grantor and including, without limitation, any buildings, structures, tracks, fuel storage facilities and all other facilities used by the Grantee, at all times, in a clean and tidy condition, and in good order and repair and to a standard which is safe, secure and fit for its intended purpose.
16. Meet all obligations under the Fire and Emergency New Zealand (FENZ) Act 2017, including ensuring that FENZ is notified if a fire is getting out of control or spreading, and taking reasonable steps to reduce the likelihood of harm or damage if you discover a burning or smouldering substance or an ensuing fire.
17. The Grantee must seek approval from the Grantor and Lessee before contracting with any third party to provide activities for the Grantee under this permit. For the avoidance of doubt, Grantor and Lessee approval to use of a third party is required before any third party can undertake activities under this permit. The Grantor reserves the right to decline approving a third party from undertaking activities under the permit for any reason. Any contract or agreement with a third party must be in accordance with the obligations under this permit and must be in writing. The Grantee must provide the Grantor with a copy of any contract or agreement with a third party to undertake activities permitted under this permit before the third party undertakes the activity.
18. The Grantee must seek approval from the Grantor and Lessee before operating any activities additional to those described in the First Schedule.
19. The Grantee must undertake the activities, or make sure that any third party undertakes the activities, in a professional, safe and reputable manner and in accordance with industry standards and codes of practice (if any).
20. No structures or improvements other than those described in the Permit Schedules are to be erected.
21. All structures and improvements placed by the Grantee on the Operational Area and listed in the Third Schedule of this permit will remain the property of the Grantee and will not for any reason become the property of the Grantor.
22. The Grantee will, on the expiry of the term (should there be no replacement permit or other legal arrangement for the continuation of the Activities on the Operational Area) or on earlier termination of the rights created by this permit:
    1. Remove all building, structures and improvements placed by the Grantee from the Operational Area within one year and will restore the Operational Area and any part of Grantor’s land as nearly as possible to the condition that it was in at the commencement of this permit.
    2. Within one year complete any re-vegetation programmes under the terms of this permit and restore appropriate indigenous vegetation to any remaining areas of bare ground caused by this permit to the satisfaction of the Grantor.
    3. Any earthworks around the buildings shall be replanted with natural local plants and species formally abundant in the area to partially restore the lost biodiversity. To maximise benefits, all parts of the site no longer required for farming should be planted (safety permitting).
    4. Replanting should concentrate on fescue tussock (Festuca novae-zelandiae) and matagouri (Discaria toumatou). Other suitable species include mingimingi (Coprosma propinqua) and porcupine shrub (Melicytus alpinus). A small amount of mountain wineberry (Aristotelia fruticosa), Corokia cotoneaster, Olearia odorata, Coprosma dumosa and narrow-leaved snow tussock (Chionochloa rigida ssp. rigida) could also be used in the planting mix.
    5. If the Grantee has not taken the steps set out in clause 22 within the specified time, the Grantor may remove all structures and improvements placed by the Grantee from the Operational Area and restore the Operational Area as nearly as possible to the condition that it was at the commencement of this permit and recover all costs incurred from the Grantee.