Discretionary pastoral activity decision - Tracking - A6848449

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.

Tracking

15 years with maintenance rights

For the part of the consent that was granted

The information provided by the lessee and the advice from the DGC delegate have been considered. The Commissioner of Crown Lands has determined that making it easier to use the land concerned for farming purposes can be balanced with the desirability of protecting any inherent values.  Appropriate conditions imposed on the consent and declining in part a higher risk activity will help to mitigate the identified risks.

For the part of the consent that was declined

The track shown by a red line and labelled “Top Timaru Track” is declined because there are alternative routes up onto Rollesby Range available, the cuttings would impact the landscape values of the range, and the area has been identified as a Site of Natural Significance with indigenous vegetation including several threatened plant species and the nationally protected Spear Grass Hutton’s Weevil that could be impacted.  The track was also proposed to facilitate the construction of a new fence which would create a smaller block of about 50-60ha on the mid-upper range, with a risk of intensifying the grazing of the vegetation inherent values in the area. On balance, the Commissioner of Crown Lands considers that protecting the inherent values in this location outweighed the benefits to farming.

The track shown by a red line and labelled “Mackenzie Central Track A” is declined because it would require significant cutting with several zigzags that would impact landscape values in the Mackenzie Pass area.  It is considered that the track granted to the north/northeast of Mackenzie Central Track A provides similar access, and that on balance the negative impact of the amount of soil disturbance and effects on landscape values outweighs the benefits to farming in this location.

Consent is granted in part for tracking, subject to the following conditions:

1. The consent is limited to forming tracks up to 3m in width plus batters and spillover, along the yellow lines on the attached plans.
2. Any stream works involving culverts should be carried out and maintained in a way that protects fish passage, minimises the risk of erosion, and prevents sediment entering the waterway.
3. An appropriately sized culvert is to be installed in the stream labelled “Wetland Stream”.  The track, culvert and laneway fencing arrangement in this area should make best endeavours to encourage mobs of stock to use the crossing and stay out of the stream.
4. The section of track labelled “New Avalanche Track” is to be constructed primarily on the south side of Avalanche Stream, utilising clearer areas with less indigenous vegetation wherever possible.
5. In the area labelled “Seep”, a minimum of three appropriately sized culverts are to be spaced across the seep with a track water drainage system that ensures the seep water remains spread out laterally across the contour.  The purpose of this is to maintain the same hydrological link with the wetlands below the track.   
6. Clearance or disturbance of the following is to be avoided or kept to the absolute minimum required (if safe and practical to do so):
   • Mature shrublands, riparian indigenous vegetation, and wetlands (with the exception of the “Seep” as noted in point (v)).
   • Rock outcrops.
7. Unstable and erosion-prone areas are to be avoided.
8. No additional material should be deposited into streams other than rocks.
9. Uphill batters are to be sloped off or struck back to minimise slumping and allow vegetation to re-establish.  In areas where the dominant vegetation cover is exotic pasture species, certified weed-free pasture seed is to be broadcast to hasten re-vegetation.  Adjacent to waterways, in rocky areas, and in areas where the dominant vegetation cover is native species, re-vegetation should be allowed to occur naturally.
10. Tracks are to be sloped at approximately 3-4cm per metre (2 degrees) in towards the bank and a water table constructed to provide free drainage of water to safe disposal via culverts and/or frequent cut-offs.
11. Any culverts and cut-offs to be constructed with adequate protection at inlet and outlet to prevent erosion.  Run-off transfer should be to an area where any sediment can settle or be filtered by vegetation before it reaches a waterway.
12. Tracks must be maintained and kept clear of debris that could impede drainage.
13. 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.
14. 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.