For this decision summary:
- LINZ received the application after 17 November 2022
- accordingly, the decision was made under the Crown Pastoral Land Act 1998 including the amendments taking effect on 17 November 2022.
Applicant
Birdspath Ltd
Lease name(s)
Decision
Granted
What the decision relates to
Accommodation
Duration of consent
35 years
Reasons for decision
The Commissioner of Crown Lands has determined that the proposed activity is one which falls within the provisions of section 66A of the Land Act 1948 and that the terms and conditions specified in the attached permit will minimise any potential adverse effects of the proposed activities
Conditions of decision
Consent is granted for the recreation permit, subject to the following conditions:
- Not remove any vegetation, disturb any soil (and in particular shall not form any new tracks or trails) other than is reasonably necessary to undertake the Activities specified in the First Schedule of this Permit. For the avoidance of doubt soil disturbance, only necessary for the construction of the Accommodation Pod, access road extension, walking track and carparks, shall be permitted in the locations approved by the Grantor.
- Not light any fire on the Operational Area, unless required to carry out an activity as defined in the First Schedule.
- Not at any time cause any building, or structure of any form (including any fence) or alteration or addition thereto to be placed upon the Operational Area other than those authorised by the Grantor as set out in the First Schedule of this Permit.
- Ensure that any machinery, equipment and materials used during the construction and installation of the Structures provided for in the First Schedule of this Permit has been cleaned before being taken onto the Operational Area to avoid the introduction of any pest plant species.
- Operate the Activities permitted by this Permit within the Operational Area in an efficient, professional, safe and reputable manner in accordance with industry standards and codes of practice, if any.
- Comply at all times with all laws including but not limited to all statutes and regulations and obtain all approvals, consents, licences and authorisations as are necessary for the Grantee to conduct the activities permitted by this Permit including compliance with local authority bylaws, rules and regulations and requisitions and with the provisions of the Resource Management Act 1991 and any Act in substitution thereof.
- Remove and take away or cause to be removed and taken away all materials, structures, contaminants, human waste, refuse, vehicles, equipment and vegetation placed on the site for the purposes of the Activities set out in the First Schedule of this Permit.
- Ensure that any damage or disturbance to the surface of the land as a result of the Activities authorised by this Permit is restored to its former condition to the reasonable satisfaction of the Grantor and Lessee.
- Ensure that all vehicle use is kept to identified formed tracks and parking areas on the Operational Area (as defined on the plans attached).
- Comply with the provisions of the Health and Safety at Work Act 2015 or any Act in substitution thereof and any regulations thereunder.
- Ensure that the Activities authorised by this Permit will be confined exclusively to the Operational Area (as defined on the plans attached) and use the Operational Area solely for the Activities authorised by this Permit.
- Ensure that neither historical artefacts or sites, if present on the Operational Area, are disturbed nor relics removed by the Grantee or any participants in the Activities under this Permit. Furthermore in the event of an accidental discovery of any archaeological sites, work must cease immediately and the Grantee must advise New Zealand Historic Places Trust of the discovery. The Grantor must also be advised of all discoveries and outcomes from any New Zealand Historic Places.
- Take all reasonable precautions to guard against danger and fire on the Operational Area of the Grantor’s land and prepare a fire action plan and keep on-site appropriate fire extinguishers, shovels, and/or knapsack sprayers for use in the event of fire.
- Not to interfere or obstruct the Grantor or his/her agent’s employees or contractors or authorised invitees or interfere with the Lessee’s farming operations or other recreational permit activities on Otematata I Pastoral Lease, including the Operational Area.
- Comply, and ensure all clients and other invitees of the Grantee 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 guidelines for limiting the spread of Didymo as published by Biosecurity New Zealand.
- 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.
- Ensure the "Leave No Trace" Principles of Leave No Trace New Zealand (www.leavenotrace.org.nz) and the New Zealand Environmental Care Code are adhered to at all times when on the Operational Area. However, for the avoidance of doubt, if any inconsistencies exist between these principles and the Grantee’s obligations outlined in this Permit, these Grantee obligations shall override at all times.
- Meet all obligations under the Fire and Emergency New Zealand (FENZ) Act 2017, including ensuring that FENZ is notified if a fire is getting out of control or spreading, and taking reasonable steps to reduce the likelihood of harm or damage if you discover a burning or smouldering substance or an ensuing fire.
Commercial 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