Discretionary pastoral activity decision - Cropping and cultivating - A5150690

Following changes to the Crown Pastoral Land Act that took effect on 17 November 2022, Toitū Te Whenua Land Information New Zealand now publishes summaries of decisions on applications for consent to undertake activities on Crown pastoral land, on behalf of the Commissioner of Crown Lands. The new requirement is outlined in s22D of the Crown Pastoral Land Act 1998.

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.

Cropping and cultivating

10 years, with ongoing consent for maintenance of cultivated areas

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that allowing the lessee to cultivate the approved areas to improve pasture species and subsequent stock management and performance will make it easier to use the land concerned for farming purposes. 

The restrictive conditions recommended will promote good management practice and mitigate effects on landscape values and inherent values identified in the area.

For the part of the consent that was declined

The Commissioner of Crown Lands has determined that these areas contain inherent values related to landscape, indigenous vegetation, wetlands, waterways and habitat for flora and fauna that are desirable to protect and that would be adversely affected by granting consent to cultivate and crop.

Consent is granted for cultivation within the areas shown outlined in green on the plans attached for the grazing of stock, subject to the following conditions:

1. Cultivation must be set-back a minimum of 10m from any other wetlands, waterways and seeps.
2. Stock grazing the approved areas must be excluded from the two waterways shown labelled “Sisters Stream Tributary 1 and 2”. Reticulated water is to be provided and water troughs must be sited away from indigenous shrublands, waterways, wetlands and seeps.
3. If the area shown outlined in blue and labelled “Area 1” is fully fenced, grazing stock may access Area 1 for emergency water in dire need only. Stock must be grazing extensively and there must be free access between the blocks each side of the waterway. Stock must not be held or allowed to congregate in this area.
4. Permanent or temporary subdivision within the areas approved for cultivation is not permitted.
5. Making supplementary feed on the areas approved for cultivation is not permitted.
6. Good management practices are to be undertaken to minimise the risk of soil erosion from cultivation. Levelling is to be avoided.
7. Permanent pasture species must be a mix of grasses, clovers and/or pasture herbs, dominated by grasses. Grasses may include perennial ryegrass, cocksfoot, brome and fescue.
8. Only seed certified as being free of weed seeds and impurities is to be sown.
9. The areas may be re-cultivated back into permanent pasture not more frequently than 10 year intervals. During such re-cultivations existing vegetation may be sprayed with species specific chemicals.
10. Good management practises are to be undertaken to avoid excessive pugging that could result in sediment, pathogens and nutrients reaching waterways and wetlands.
11. Cattle may be grazed in the areas shown outlined in green when there is no risk of pugging damage to waterways, wetlands and seeps.
12. Adequate fertiliser is to be applied to maintain a healthy sward without soil depletion. Soil testing is to be undertaken to inform fertiliser requirements and to avoid over-application of nutrients, particularly phosphorus.
13. The Lessee shall keep records of the areas cultivated annually and provide these records to LINZ, on request, to ensure ongoing compliance with this consent.
14. Cropping of any kind, including clovers, lupins and Lucerne, may not be undertaken.

Section 17 Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.

Consent is declined for cultivation within the areas shown outlined in pink on the plans attached.