Discretionary pastoral activity decision - Forming tracks - A5096306

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.

Forming tracks

5 years (with maintenance rights)

Consent for maintenance of existing tracks

Granting consent to maintain the tracks as requested will make it easier to use the land for farming purposes, and that any adverse effects on inherent values can be minimised through compliance with the conditions specified above.

Consent for mountain bike track

Granting consent to construct a new mountain bike track will enable Middlehurst Station to diversify land use on the lease to support the farming operation, and that any adverse effects on inherent values can be minimised through compliance with the conditions specified above.

Consent is granted for maintenance of existing tracks as shown on the applicable plan, subject to the following conditions:

1. Track maintenance is to be contained within the footprint of the original 4WD track.
2. There is to be no side-spill of material.
3. Adequate water tables are to be provided, with cut-outs and/or culverts where required. The outflow from any cut-out or culvert is to be constructed to minimise erosion risk.
4. Any culvert constructed in an active stream is to be constructed in a manner to allow fish passage.
5. All machinery used in maintenance activities is to be thoroughly cleaned and free of weed seeds.

Consent is granted for construction of a new mountain bike track in the vicinity of the area shown on the applicable plan, subject to the following conditions:

1. The track is to be flagged and the line approved by the Commissioner prior to construction commencing. This may require a further site inspection of the route at the Commissioner’s discretion. If it becomes clear that the specific route chosen deviates significantly from that originally proposed and/or will have a significant effect on inherent values then the Commissioner reserves the right to alter the proposed route or cancel the consent.
2. The track is to be designed in accordance with the New Zealand Mountain Bike Trail Design and Construction Guidelines, taking account of conditions 3 to 7 below, and the design is to be approved by the Commissioner prior to construction commencing.
3. Construction is to avoid any rock outcrop or wetland area, especially those identified in the attached Department of Conservation Plan.
4. No gravel from outside the near vicinity of the track should be used in the construction of the track.
5. Avoid or minimise disturbance to any flowing streams, and any vegetation surrounding them. No additional material should be put into the stream other than rocks, and fish passage is to be maintained if crossing flowing streams.
6. All machinery used in construction is to be thoroughly cleaned and free of weed seeds.
7. If the planned track is to cross the Department of Conservation administered marginal strips in the upper Winterton catchment identified in the attached Department of Conservation Plan, the applicant is advised to contact the Department of Conservation about any permissions required.
8. The lessee is to obtain any consents required from the Marlborough District Council.

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