Discretionary pastoral activity decision - Disturbing soil - A6769622

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.

Disturbing soil

10 years with maintenance rights

The Commissioner of Crown Lands has determined that the benefits to farming from allowing the lessee to disturb soil and clear any associated scrub for the purposes of replacing existing fences and constructing a new fence outweigh any effects on inherent values identified.  The new fence will improve vegetation cover by creating an additional extensive grazing block that will enable better management and spelling of native high country.  Existing fences deteriorate over time requiring renewal, and the new fences will be constructed on existing lines that have previously been cleared.  Being able to carry out this activity will therefore make it easier to use the land for farming purposes, and the conditions recommended will promote good management practice and mitigate effects on inherent values.

Consent is granted, subject to the following conditions:

1. The consent is limited to soil disturbance and any associated scrub clearance for new fence lines up to a maximum width of 2.5m plus any batters and spillover, on or near the blue lines shown on the attached plans.
2. Soil disturbance is to be kept to a skim wherever possible.
3. Clearance or disturbance of the following is to be avoided or kept to the absolute minimum (if safe and practical to do so):
   • Mature shrublands, riparian indigenous vegetation, and wetlands.
   • Rock outcrops.
4. Unstable and erosion prone areas are to be avoided.
5. No additional material should be deposited into streams other than rocks.
6. Any stream works should be carried out in a way that protects fish passage and be undertaken when the waterway is at low or preferably no flow.  Stream crossings by vehicles and machinery during construction are to be kept to a minimum.
7. Uphill batters are to be sloped off or struck back to minimise slumping and allow vegetation to re-establish.
8. Cut-offs are to be constructed if necessary to minimise erosion from run-off, to provide drainage of water to a place where sediment can settle out before reaching any waterway.
9. Floodgates are to be constructed and maintained in a way that avoids stream blockages.
10. Disturbed soil is to be re-seeded and top-dressed with a certified weed and impurities-free permanent pasture mix as soon as possible after completion of the activity. Any bare soil should be sown with seed as soon as practical.
11. Any contractor machinery and vehicles are to be cleaned prior to entry to the property to minimise the possibility of weed infestation. Any fuel and oil storage facilities are to be sited to eliminate the possibility of a leak or spill into any water ways.
12. In the event of an accidental discovery of any archaeological site, work must stop. The lessee should then advise Heritage New Zealand Pouhere Taonga of the discovery.
13. 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.