Commercial recreation permit decision - Carrying out guided day hikes, picnic activities and associated helicopter activities - A5094012

For this decision summary:

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

Carrying out guided day hikes, picnic activities and associated helicopter activities

10 years

This commercial recreation permit was granted under s66A of the Land Act 1948 to enable the Applicant to carry out guided day hikes, picnic activities and a helicopter operation. The specific terms and conditions of the easement have been formulated to minimise any potential adverse effects of the proposed activities.
 

Consent is granted for guided day hikes, picnic activities, helicopter operation, subject to the following conditions:

The Grantee shall: 

1. Not remove any vegetation, disturb any soil (and in particular, shall not form any new tracks or trails) or light any fire on the Operational Area. 
2. Not at any time cause any building, or structure of any form (including any 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 with regard to access to the Operational Area or the use of helicopters 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 from the Operational Area used for the purpose of or resulting from the Activities set out in the First Schedule of this Permit.
6. Ensure 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 disposed of at an appropriate facility.
7. Ensure that any damage or disturbance to the surface of the land as a result of the Activities authorised by this Permit is restored to its former condition to the reasonable satisfaction of the Grantor and Lessee.
8. Comply with the 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 to this decision summary.
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 Operational Area 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, and ensure its clients and guides comply at all times with the provisions of the Biosecurity Act 1993 and any amendments or substitutions thereof, and the Ministry for Primary Industry (MPI) Biosecurity New Zealand guidelines, including compliance with the MPI’s Biosecurity New Zealand Check, Clean, Dry, cleaning methods as published by MPI to limit the spread of Didymo (Didymosphenia geminate) and other freshwater pests when moving between waterways. These cleaning methods can be found at Check, Clean, Dry: preventing didymo and other pests | NZ Government (mpi.govt.nz). The Grantee must ensure that all equipment, clothing, or footwear that may come into contact with waterways are cleaned prior to and after entering the Operational Areas to these standards and regularly check this website and update their precautions accordingly.
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.
19. Hold at all times during the term of this Permit a public liability insurance policy with an insurance company approved by the Grantor for a sum agreed between the Grantor and the Grantee.

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.