Commercial recreation permit decision - Guided scenic activities and accommodation - A5913778

For this decision summary:

• LINZ received the application before 17 November 2022
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 and Land Act 1948 excluding the amendments taking effect on 17 November 2022.

Guided scenic activities and accommodation

10 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 the terms and conditions specified in the permit will minimise any potential adverse effects of the proposed activities.

Consent is granted for guided scenic activities and accommodation, subject to the following conditions:

1. Not remove any vegetation or disturb any soil (and in particular shall not form any new tracks or trails) or light any fire on the Operational Area. For the avoidance of doubt, soil disturbance shall be permitted but only as necessary for the installation of the Structures authorised by the Grantor.
2. Not at any time cause any building, or structure of any form (including any 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 the First Schedule of this Permit.
3. Ensure that the location where the structures referred to in the First Schedule of this Permit are not placed on any rocky outcrops that may provide for potential lizard habitat (native lizards are fully protected under the Wildlife At 1953 and it is an offence to disturb, harm or remove them without a permit from the Department of Conservation); Furthermore, the Grantee must avoid sites containing naturally rare vegetation including snowbanks, screes, seepages/flushes, outwash terraces; avoid vegetation of national significance or of local importance within the operative or proposed Queenstown Lakes District Plan, including any wetlands; and avoid vegetation that is considered fragile or particularly sensitive including fellfield and cushion field vegetation.
4. Ensure that the structures referred to in the First Schedule of this Permit are neutral in colour to blend in with the environment and positioned below the skyline.
5. Ensure that all equipment used during the installation of the structures provided for in the First Schedule of this Permit have been thoroughly cleaned before being taken on to the Operational Area to avoid the introduction of any weed species and other exotic species of conservation concern.
6. Comply at all times with all statutes and regulations and, in particular, the provisions of the Health and Safety at Work Act 2015 or any Act in substitution thereof and any regulations (including the Health and Safety at Work (Adventure Activities) Regulations 2016) and obtain all approvals, consents, licences and authorisations by all relevant parties as are necessary for the Grantee to conduct the Activities authorised by this Permit, including compliance with all local authority bylaws, rules, regulations and requisitions and with the provisions of the Resource Management Act 1991 and any other Act in substitution thereof. Any other approvals or consents required with regard to access to the Operational Area or undertaking of the Activities shall be the sole responsibility of the Grantee to obtain.
7. Remove and take away or cause to be removed and taken away all materials, contaminants, refuse, vehicles, equipment and vegetation placed on the site for the purpose of or resulting from the Activities set out in the First Schedule of this Permit.
8. Ensure all clients and guides have access to proper toilet facilities prior to entering the Operational Area. Where no toilet facilities are available all solid waste shall be carried out, in appropriate receptacles, and disposed of at an appropriate facility.
9. Ensure that human waste from the waterless composting toilets provided for in First Schedule is treated only as per the details provided in the application with the aerobically composted human excreta transported offsite and disposed of at an approved waste effluent dump station.
10. Ensure the "Leave No Trace" Principles of Leave No Trace New Zealand and the New Zealand Environmental Care Code are adhered to at all times however for the avoidance of doubt if any inconsistencies exist between these principles and the Grantees obligations outlined herein these Grantee obligations shall override at all times.
11. Ensure that any damage or disturbance to the surface of the land, as a result of the Activities authorised by this Permit, is appropriately restored to its original condition to the reasonable satisfaction of the Grantor and Lessee.
12. During snow tours, only operate the motorcycles/snow bikes and UTVs in areas within the Operational Area that have sufficient snow cover to ensure no contact with or damage/impact on soil and vegetation and all areas of low snowpack and exposed aspects are to be avoided.
13. Ensure that the Activities authorised by this Permit will be confined exclusively to the Operational Area (as defined in the plans attached as the Third Schedule) and use the Operational Area solely for the Activities authorised by this Permit.
14. Take all reasonable precautions to guard against danger on the Operational Area of the Grantor’s land.
15. Ensure that clients and guides keep to existing formed tracks in the use of all vehicles permitted as part of the Activities in order to avoid any damage/impact on soil/vegetation and to protect natural and historic features of the Operational Area. No formation of tracks where they do not already exist is permitted. Furthermore, the Grantee must ensure that all the Grantee’s clients and guides are advised prior to entering on to the Operational Area that no shortcutting from the existing tracks and trails is permitted.
16. Not to interfere or obstruct the Grantor or his/her agents, employees, contractors or authorised invitees or hinder or interfere with the Lessees’ farming operations or other recreational permit activities (if any) on Kingston Station and Lorne Peak Pastoral Leases including the Operational Area.
17. Comply, and ensure all clients and guides comply at all times with the provisions of the Biosecurity Act 1993 and any amendments or substitutions thereof, and the Ministry for Primary Industry (MPI) Biosecurity New Zealand guidelines, including compliance with the MPI’s Biosecurity New Zealand Check, Clean, Dry, cleaning methods as published by MPI to limit the spread of Didymo (Didymosphenia geminate) and other freshwater pests when moving between waterways. The Grantee must ensure that all equipment, clothing, or footwear that may come into contact with waterways are cleaned prior to and after entering the Operational Areas to these standards and regularly check this website and update their precautions accordingly.
18. Take all reasonable precautions to ensure that weed species are not introduced to the Operational Area by ensuring that all motor vehicles, motorbike, bikes, side-by-sides, and footwear used by clients and guides are clean before entering the Operational Area.
19. Operate the Activities permitted by this Permit within the Operational Area in a professional, safe and reputable manner in accordance with industry standards and codes of practice, if any.
20. 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. For any activities that may have a fire risk associated with them, FENZ must be engaged to ensure that the permissions and mitigation are in place to prevent the risk of fire on the Operational Area.

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