Commercial recreation permit decision - 4WD tours - A7520196

For this decision summary:

• LINZ received the application on or after 17 November 2022
• accordingly, the decision was made under the Land Act 1948 including the amendments taking effect on 17 November 2022.

4WD tours

15 years

The Commissioner of Crown Lands has determined that the proposed activity is one which comes within the provisions of Section 66A of the Land Act 1948 and that the terms and conditions specified in the attached permit will have no more than minor adverse effects on inherent values.

Consent is granted for 4WD tours along Macetown Road, subject to the following conditions:

You must:

1. Ensure that the Activity is confined exclusively to the Permit Area and only use the Permit Area for the Activity; and
2. Undertake the Activity in a professional, safe and reputable manner and in accordance with industry standards and codes of practice (if any).
3. Obtain and comply with all permits, consents or other approvals required to undertake the Activity and provide us with a copy of the same at our reques.
4. Comply with all statutes, ordinances, bylaws, regulations and other lawful requirements (including all notices or orders which may be given by any competent authority) that relate to your carrying out of the Activity.
5. Ensure that all clients have access to proper toilet facilities prior to entering the Permit Area. Where no toilet facilities are available, all solid toilet waste shall be removed, in appropriate receptacles, and safely disposed of at an appropriate facility.
6. Ensure that only vehicles of a type authorised by us whether within the definition of the Activity or otherwise via obtaining our written consent are permitted on the Permit Area and ensure, where possible, all vehicle use is kept to formed tracks.
7. Comply, and ensure your clients comply, at all times with the provisions of the Biosecurity Act 1993, the Ministry for Primary Industry (MPI) Biosecurity New Zealand guidelines, including compliance with guidelines for limiting the spread of Didymo (Didymosphenia geminate) published by MPI and any notice or requirement of MPI.
8. Ensure all clients, staff and other personnel are briefed of the Permit Holder’s obligations under this Permit and they comply with these obligations at all times.

You must not:

1. Remove any vegetation (including any tree), disturb any soil (and in particular, not form any new track or trails) or light any fire on the Permit Area other than as expressly authorised by this Permit.
2. At any time cause any building or structure of any form (including any fence) or alteration or addition thereto to be placed or constructed upon the Permit Area other than as expressly authorised by this Permit.
3. Except as authorised by this Permit, do anything that may become a nuisance, disturbance, obstruction or interference, or cause damage, whether to us or neighbouring owners or occupiers.
4. Except as authorised by this Permit, obstruct the Lessee’s farming operations or other recreational permit activities on the Permit Area.
5. bring onto the Permit Area any dangerous or hazardous material or equipment not required for the Activity; and if such material or equipment is required, you must handle it with care and in accordance with the manufacturer’s instructions.

Additional Terms Schedule

1. Leave No Trace 
   1. You must ensure that the "Leave No Trace" principles of Leave No Trace New Zealand and the New Zealand Environmental Care Code are adhered to at all times when on the Permit Area, with the Permit Area to be left in the same or better condition than which it is found.
   2. For the avoidance of doubt, if any inconsistencies exist between these principles and the Permit Holder’s obligations in this Permit, the obligations in this Permit shall take precedence at all times.
2. Macetown Road
   1. You must ensure the Activity only takes place on tracks designated ‘Open’ and you must respect all track signage and closures for maintenance work or for any other purpose.
   2. You must ensure that all your participants, staff, and invitees are advised prior to entering the Permit Area that no shortcutting from the existing tracks is permitted.
   3. You must ensure that clients and guides follow formed tracks where present and acknowledge that no formation of tracks where they do not already exist is permitted under this Permit.
   4. You will ensure that all of your participants and invitees take all precautions necessary to ensure that weeds are not introduced to the Permit Area, this shall include but not be limited to, ensuring that all tyres and footwear are clean of seeds and plant material prior to entering the Permit Area.
   5. Take all reasonable precautions, in relation to any motor vehicle to prevent the accidental starting of any fire, particularly at particularly at times of high fire risk. The Grantee shall ensure that spark arresting equipment is fitted over diesel exhausts.
   6. Be aware that Macetown Road is not a public road and therefore not maintained as such. Access is by consent from the lessee and is only suitable for 4WD vehicles only. Neither the Grantor nor the lessee guarantee access on the road and it is the responsibility of the Grantee to determine if the road is suitable for use.
3. Crown Riverbed
   1. During the moult season (December–February), care must be taken not to startle any nesting birds in the riverbed. Birds may be gently encouraged to fly away, if necessary.
   2. You will ensure all drivers take the most direct route, subject to river conditions prevailing at the time, to avoid unnecessary travel within the waterways.
   3. All equipment, clothing or footwear that may come into contact with waterways must be cleaned before and after visiting the sites to these standards.
4. Inherent Values
   1. No natural feature or historic resource is to be disturbed on the Land.

Recreation permits granted by the Commissioner of Crown Lands also incorporate (with minor variations) the terms set out in Appendix H of the the Standard for purchase, alienation, and administration of Crown land - LINZS45002.