Discretionary pastoral activity decision - Tracking - A6852183

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

10 years with maintenance rights

The Commissioner of Crown Lands has determined that the benefits from forming tracking (Dry Creek Paddock) and installing a culvert (Terrace Block) are important. Establishing a stable track is desired through a river flat area to avoid damage to vehicles and farm equipment, making movement and transport safer and more efficient. The culvert will provide safer vehicle movement through a waterway and will ease any potential damage and avoid vehicles directly entering the waterway on an ongoing basis. Where the Director-General of Conservation has advised that any inherent values will not be adversely affected by the proposed tracking, recommended conditions have been included to avoid, remedy, and mitigate potential adverse effects. Where advice differs, the Commissioner of Crown Lands has determined that on balance the benefit of installing a culvert to protect a waterway while implementing good management practises in construction, is considered appropriate and will make it easier to use the land concerned for farming purposes, while minimising adverse effects on inherent values where possible. 

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

1. Soil disturbance is to be kept to the minimum required to carry out the tracking and culvert activity. For the avoidance of doubt, any vegetation clearance associated with the soil disturbance is also permitted.
2. Construction of the track should follow best practice including;
   1. Minimising side spill,
   2. Maximum width of 5 metres,
   3. Constructing adequate cut outs,
   4. Avoiding mature scrub, including grey scrub patches more than 10m²,
   5. Forming an appropriate gradient for 4WD vehicle use,
   6. Using appropriate stream crossings,
   7. The use of culverts where needed,
   8. Construction being based on the rules from the Mackenzie District Council Plan (2023) for earthworks and Tracking (section 7 Rural Zone Rules, sub section 4), and
   9. Tracking alignment should be practicable and if any significant deviation from what is shown in the attached map is deemed necessary, further approval from the Commissioner of Crown Lands is required in advance.
3. All reasonable care is to be made to avoid the risk of fire by blade strike when clearing scrub with work ceasing in extreme fire conditions.
4. Once the track has been formed and gravel laid, any remaining disturbed ground is oversown and top-dressed following construction, to avoid visible bare ground. All machinery brought on site must be properly cleaned to prevent the introduction of foreign weeds to these areas of the property.
5. Known archaeological sites are to be avoided.
6. In the event of an accidental discovery of any archaeological sites, work must stop. The lessee should then advise Heritage New Zealand Pouhere Taonga of the discovery. A copy of the accidental discovery protocol is attached to the draft notice of decision.
7. The culvert in the Terrace Block shall be no more than 2.5 metres wide.
8. All culverts shall comply with the New Zealand Fish Passage guidelines.
9. Be aware that a marginal strip may be present within the approved area(s). These are administered by the Department of Conservation and are excluded from this Notice of Decision.
10. All contractors and employees of Sawdon pastoral lease engaged in the track formation are informed of the conditions of this consent prior to the tracking works starting. 

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