Commercial recreation permit decision - Guided hiking on the pastoral lease. From time to time, clients and guides may be dropped off and/or collected via a helicopter in these areas. - A5124796

For this decision summary:

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

Guided hiking on the pastoral lease. From time to time, clients and guides may be dropped off and/or collected via a helicopter in these areas.

5 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 minimise any potential adverse effects of the proposed activities.

Consent is granted, subject to the following conditions. The Grantee shall:

1. Not remove any vegetation, disturb any soil or light any fire on the Operational Area.
2. Not at any time cause any building, erection, structure or fence or alteration or addition thereto to be placed or carried out upon the Operational Area. 
3. Operate the Activities permitted by this Permit within the Operational Area in a professional, safe and reputable manner in accordance with industry standards and codes of practice, if any.
4. Comply at all times with all statutes and regulations and, in particular, Civil Aviation Authority requirements, and obtain all approvals, consents, licences and authorisations by all relevant parties as are necessary for the Grantee to conduct the Activities permitted by this Permit, including compliance with all local authority bylaws, rules, regulations and requisitions, and with the provisions of the Resource Management Act 1991 and any Act in substitution thereof. Any other approvals or consents required for the undertaking of the Activities shall be the sole responsibility of the Grantee to obtain.
5. Remove and take away or cause to be removed and taken away all materials, structures, contaminants, human waste, refuse, vehicles, equipment, and vegetation placed on the on the site for the purposes and activities set out in the First Schedule. 
6. Ensure that all clients and guides have access to proper toilet facilities prior to entering the Operational Area. Where no toilet facilities are available, all solid waste shall be carried out in appropriate receptacles and safely disposed of at an appropriate facility.
7. Ensure that if there is any accidental damage or disturbance to the pastoral lease land that the surface of the land is restored to its former condition to the reasonable satisfaction of the Grantor and Lessee.
8. Comply with the current provisions of the Health and Safety at Work Act 2015 (and if applicable, the Health and Safety at Work (Adventure Activities) Regulations 2016) and any Act in substitution thereof and any regulations thereunder.
9. Ensure that the Activities authorised by this Permit will be confined exclusively to the Operational Area and use the Operational Area solely for the Activities authorised by this Permit. In the case of helicopter landing sites, ensure the helicopter landings are kept to those zones indicated on the plans attached as the Second Schedule.
10. Ensure that clients and guides follow formed tracks where present in order to protect natural and historic features of the Operational Area, and no formation of tracks where they do not already exist are permitted.
11. Ensure that neither historical artefacts or sites on the Operational Area are disturbed nor relics removed by the Grantee or any participants in the Activities under this Permit. 
12. Take all reasonable precautions to guard against danger on the Grantor’s land. 
13. Not to interfere or obstruct the Grantor or his/her agent’s employees, contractors or authorised invitees or hinder or interfere with the Lessee’s farming operations or other recreational permit activities on Loch Linnhe Pastoral Lease, including the Operational Area.
14. Comply at all times with the provisions of the Biosecurity Act 1993 and the Biosecurity New Zealand guidelines, including compliance with guidelines for limiting the spread of Didymo as published by Biosecurity New Zealand. (Refer to the Ministry for Primary Industries website for the latest information.)
15. Ensure the principles of the New Zealand Environmental Care Code are adhered to when on the Operational Area, however if any inconsistencies exist between these principles and the Grantees obligations outlined in this Permit, these Grantee obligations shall override at all times.
16. Minimise helicopter noise disruption by maintaining good altitude and least disruptive flight pathways. 
17. Ensure that all Grantee participants and invitees take all precautions necessary to ensure that weeds are not introduced to the Operational Area, this shall include but not be limited to, ensuring that all footwear and equipment used by clients and guides are clean of seeds and plant material before entering the Operational Area. 
18. Ensure only aircraft of a type authorised by the Grantor are allowed on the Operational Area and all reasonable precautions are taken in relation to said aircraft to prevent the accidental starting of any fire, particularly at times of high fire risk. 

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

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