Discretionary pastoral activity decision for Branch Creek - Tracking with ongoing maintenance rights - A5531441

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 with ongoing maintenance rights

5 years with maintenance rights

The Commissioner of Crown Lands has determined that granting consent to maintain the tracks as requested will make it easier to use the land for farming purposes. Properly maintained tracks are essential to provide ready access within the lease for stock and land management, including weed control. Tracks are also an important feature to be able to access parts of the lease in a safe manner. Any adverse effects on inherent values can be minimised through compliance with the conditions specified below.

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

1. Track maintenance is contained within the current footprint. 
2. That track maintenance to be undertaken to the standards outlined in sections 4- 11 of the Guideline for the Construction of Access Tracks and Firebreaks (National Water and Soil Conservation Organisation 1980). Any culvert constructed in an active stream is to be constructed in a manner to allow fish passage. 
3. In the event of an accidental discovery of any archaeological sites, work shall stop, and the lessee shall advise Heritage New Zealand of the discovery. 
4. All machinery used in construction is to be thoroughly cleaned and free of weed seeds. 
5. The lessee is responsible for ensuring any contractor operates under the conditions of this consent. 
6. To be clear this consent replaces previous consents granted for tracking to Branch Creek Pastoral Lease. This includes the Notice of Decision dated 16 July 2004 for track maintenance, Notice of Decision dated 21 September 2009 to undertake tracking, Notice of Decision dated 20 September 2017 to form tracks. 

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