Discretionary pastoral activity decision - Cultivating - A5115317

Following changes to the Crown Pastoral Land Act that took effect on 17 November 2022, Toitū Te Whenua Land Information New Zealand now publishes summaries of decisions on applications for consent to undertake activities on Crown pastoral land, on behalf of the Commissioner of Crown Lands. The new requirement is outlined in s22D of the Crown Pastoral Land Act 1998.

For this decision summary:

• LINZ received the application before 17 November 2022
• the decision was made under the Crown Pastoral Land Act 1998 before the amendments taking effect on 17 November 2022.

Cultivating

10 years (initial cultivation)
Ongoing (re-cultivation of cultivated areas subject to same conditions)

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that the development of the approved areas is desirable to make the land easier to farm and provided the conditions are complied with this can be achieved with limited impact on inherent values.

The conditions are to protect inherent values relating to the soil resource, residual shrubland and wetlands.

For the part of the consent that was declined

The Commissioner of Crown Lands has determined that these paddocks contain inherent values that are desirable to protect and the proposed activity would effectively remove these values. 

The values identified include (but are not limited to) significant species shrubland remnants that represent communities that were once more extensive and are now significantly reduced. 

Shrubland provides a wide range of habitat and resources for other plant and animal species. Rocky outcrops that occur across the declined area also provide refuge for species.  

In addition, the activity would affect wetlands which are a nationally threatened ecosystem.

Consent is granted to cultivate the areas shown on the attached plan, subject to the following conditions:

1. No cultivation is to occur:
   • within 20m of any unfenced watercourse or within 10m of any fenced watercourse with riparian planting
   • on terrace risers or slopes above 20 degrees, and
   • within areas of indigenous shrubland (primarily kanuka and matagouri) greater than 1m in height. 
2. Cultivation techniques are adopted to minimise the risk of wind-blow with vegetation cover re-established as quickly as practical.
3. The cultivation programme can include two winter feed crops before the land is returned to permanent pasture.
4. The cultivation cycle is not to be repeated at intervals of less than eight years.
5. Seed sown is to be certified as weed free. No lupins are to be included.
6. All machinery is to be properly cleaned and weed free. 
7. Two identified upper terraces are to be fenced if cultivated. 
8. The applicant is responsible for ensuring that any consents required from the Selwyn District Council or Environment Canterbury are obtained prior to commencing work.

Section 17 Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.

Consent is declined to cultivate the areas shown in red on the attached plan.