Discretionary pastoral activity decision - Cultivation - A8497827

For this decision summary: 

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

Cultivation

5 years with maintenance rights

The Commissioner of Crown Lands has determined that, provided the activity remains in the areas identified on the plan attached, the activity has positive benefits for farming that will outweigh any negative effects to inherent values of the land he wishes to protect. The conditions requiring appropriate management will minimise the potential for adverse effects on inherent values. 

Consent is granted for cultivation subject to the following conditions:

1. Cultivation may only occur within the areas as indicated on the plan attached. Any deviation to the location of the works must have prior approval from the CCL. 
2. Good management practice measures are to be undertaken to minimise the risk of soil erosion, including the use of direct drilling techniques, leaving soil bare for as short a period as possible, and avoiding cultivation of dry soil. 
3. Spraying is to be undertaken by an experienced and appropriately qualified operator and is to be undertaken in suitable weather conditions to minimise spray drift onto adjoining areas. 
4. The application of agrichemicals shall be undertaken in a manner which does not exceed the rate or contravene any requirements specified on the product label. 
5. No cultivation to occur within the consented areas within twenty (20) metres of any river over 3 metres in width and within five (5) metres of any other active waterway. 
6. The areas may be re-cultivated not more frequently than 10-year intervals for the purposes of growing feed or forage for livestock on the property, during such re-cultivations the conditions of this consent and any local and regional authority rules are to be adhered to. 
7. That a grazing system is implemented that avoids overgrazing of the introduced pasture. 
8. That only certified permanent pasture seed free from weeds and impurities is to be sown. 
9. Continued inputs of maintenance fertiliser are to be applied to ensure the healthy maintenance of sward and to extend the effective life of the permanent pasture to reduce the need and frequency for renewal cultivation. 
10. All machinery, equipment (including hand and mechanical tools) and materials intended to be used to undertake the activity must be cleaned of plant matter and soil and free of weeds or seeds prior to entering the lease to avoid the introduction of pest plants. 
11. No disturbance to NZAA recorded archaeological site J37/2 – Stone Shed (including former Stables, Bunkhouse and Cookhouse) is permitted. 
12. In the event of an accidental discovery of any archaeological sites, features or material that is likely to predate 1900, work must cease immediately, and the consent holder must advise Heritage New Zealand, and if required make an application for an archaeological authority pursuant to the Heritage New Zealand Pouhere Taonga Act 2014. 
13. Resource consent(s) must be obtained from Mackenzie District Council and/or Environment Canterbury (ECAN) if deemed to be required prior to undertaking the activity. This includes compliance with the Intensive Winter Grazing Rules Intensive winter grazing | Environment Canterbury (ecan.govt.nz). 
14. All contractors and employees of the consent holder are to be informed of the conditions of this consent and the requirement to comply with them prior to any cultivation work commencing. 
15. On termination of the lease, all land that has been cultivated must be properly laid down in permanent pasture as required by s.16(4) of the Crown Pastoral Land Act 1998. 
16. Written notice is to be provided to the Commissioner that the activity has occurred. 

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