Discretionary pastoral activity decision - Undertake any other soil disturbance - A5206560

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.

Undertake any other soil disturbance

10 years

The Commissioner of Crown Lands has determined that the desirability of making it easier to use the land concerned for farming purposes by disturbing soil and clearing scrub can be balanced by appropriate conditions to protect inherent values associated with old growth matagouri, waterways, seeps and wetlands, and wider natural landscape values. 

Consent is granted for disturbing soil/clearing shrub, subject to the following conditions:

A.  Macaulay River Fencing 

1. Soil disturbance and any associated scrub clearance up to 6m in width is permitted along the blue lines between points 1 and 2 on the plans attached, for the purposes of removing an existing fence, levelling the ground for a new fence, and re-forming an existing track.  Where old growth matagouri more than 1.5m in height is unavoidable, clearance is to be kept to a maximum of 4m wide.
2. Clearance of any old growth matagouri more than 1.5m in height is to be avoided or kept to the absolute minimum required for the construction of the new fence.
3. Any soil disturbance within waterways and riparian margins is to be kept to an absolute minimum and floodgates are to be constructed in a way that prevents erosion and blockages. 
4. Any spill is to be positioned in a way that prevents sediment reaching waterways, seeps and wetlands.
5. Disturbed soil is to be re-seeded as soon as possible with pasture seed certified as being free of weed seeds and impurities.

B.  Housing & Sheds

The consent is limited to soil disturbance associated with the following:

6. Installing foundations, water supply, power supply, stormwater, drainage, septic tank and effluent land application area, fencing, and car park, for three staff houses of up to 170m2 each plus any decking and car ports, within the areas outlined in blue and labelled “A”, “B” and “C” on the plans attached. 
7. Installing foundations, water supply, power supply, stormwater, drainage, fencing and a shingled yard for a farm shed of up to 360m2 and a hangar up to 400m2, within the area outlined in blue and labelled “D” on the plans attached. 
8. Forming a shingle access way up to 4m wide, on or near the dashed blue lines and within the areas outlined in blue on the plans attached. 
9. Trenching or erecting power poles to run a power cable to the sites from the nearest existing power source.
10. A septic tank and effluent land application system is to be professionally designed and installed for each house, to ensure that any environmental regulations are met, particularly in terms of leaching and run-off of pathogens.  The system is to be monitored and maintained accordingly.
11. Any soil disturbance, including temporary stockpiling of soil, is to be setback a minimum of 20m from any waterway including drainage channels.  Soil stockpiles are to be re-instated within the building grounds as soon as possible, and if relocated to another site must be placed to avoid any run-off carrying sediment to waterways, seeps and wetlands.
12. Neutral exterior colours that blend into the wider landscape are to be used.
13. Any exposed soil is to be reinstated and re-vegetated with weed-free lawn or pasture seed, or gardens, as soon as possible after disturbance.
14. Any soil imported for the grounds of the houses is to be free of weed seeds that could spread outside the curtilage area.
15. Any plantings within the curtilage area are to be indigenous or of a type with no risk of spread outside the curtilage area.

C.  General

16. Any uphill batters are to be sloped off or struck back to minimise slumping and allow re-grassing.
17. If required, cut-offs are to be constructed with adequate protection to prevent erosion, and run-off transfer should be to an area where sediment can settle or be filtered by vegetation before reaching any waterway, seep or wetland.
18. Any contractor machinery and vehicles are to be steam cleaned prior to entry to the property to minimise the possibility of weed infestation.  Any fuel and oil storage facilities are to be sited to eliminate the possibility of a leak or spill into waterways.
19. The lessee is responsible for ensuring any contractor operates under the conditions of this consent.
20. Adhere to the Heritage New Zealand Pouhere Taonga Accidental Discovery Protocol when undertaking any works.

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