Discretionary pastoral activity decision - Burning - A5199109

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.

Burning

5 years

For the part of the consent that was granted

Consent is granted to burn the areas as identified on the applicable map as burning in these areas, followed by oversowing and topdressing will benefit the farming operation by allowing more feed to be grown. This will have benefits on stock numbers and stock condition. Provided one specific area is excluded and other appropriate conditions are included then the inherent values will not be adversely affected. Therefore, on balance the activity over the remaining area is approved.

For the part of the consent that was declined

The application is declined in part for the areas marked in red on the applicable map. These gullies and associated rocky outcrops contain greater biodiversity in plant and animal species. The benefit to farming of burning this area does not outweigh the desirability of protecting these inherent values and so the gully identified is declined for burning.

Consent is granted in part for burning the areas as identified on the applicable map, subject to the following conditions:

1. Burning is to be restricted to those areas identified on the attached map.
2. Any area previously burned in the last 5 years shall not be re-burned under this consent.
3. Burning may only occur in the period from the 1st July to 30th September and when ground conditions are appropriate (i.e. cold and damp) and weather conditions are ideal for burning.
4. The lessee must hold any other necessary burning permits or consents and meet any conditions imposed by Fire and Emergency New Zealand (FENZ), local Rural Fire Authority and/or those required under other enactments.
5. FENZ should be consulted about the burn for advice and guidance on how it is managed in order to keep it under control and within the designated area, including maintaining setbacks.
6. No area approved for burning in this consent shall be burned more than once during the term of the consent.
7. No burning shall occur within at least 20m either side of any permanent or seasonal waterway.
8. All burned areas are to be spelled from grazing for at least 6 months following the burn.
9. All burned areas are to be topdressed and oversown within 6 weeks of the burn occurring and in accordance with the terms of the approvals for these activities. Oversowing and topdressing shall be thereafter maintained.
10. A helicopter with a monsoon bucket is to be held on standby during all burning operations.
11. Toitū Te Whenua LINZ (Crown Property) and any landowner within 1 km of an area which is planned to be burned shall be informed at least 48 hours before the burning occurs.
12. Fire retardants may only be used in an emergency and not as a tool to manage the burn.
13. Fire suppressant must not be applied within an area of wetland area or to immediately adjacent to a waterway; furthermore, it must be applied in a manner which ensures the suppressant does not run into these areas.
14. Any chemical used to control a fire must be mixed in a controlled setting where there is no possibility of run off into any waterway.
15. Te Runanga o Waihao shall be advised prior to any burning and provided opportunity to comment on the location of any wāhi tapu sites (places sacred to iwi or hapu in that particular area) within or adjacent to the sites proposed to be burned. Should any sites be identified, no burning shall be undertaken at that location.
16. The people involved in lighting and controlling the fire shall have prior experience with burning and shall supervise the burn closely throughout the duration of the burn. Furthermore, the burnt area shall be inspected thoroughly following the completion of the burn to ensure the fire is completely extinguished before leaving the area.
17. Toitū Te Whenua LINZ (Crown Property) shall be notified within 24 hours of completion of the burning. This notification from the Lessee should confirm that all conditions have been adhered with, and/or advise of any incidents or issues that may have occurred during the works. Any fire that burns outside the area for which consent has been granted, for whatever reason, is to be reported to the Commissioner supplying full details of the circumstances.
18. That all staff employed by Wairua Downs Station are aware of the approved areas for burning and the conditions imposed in this consent.

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

Consent is declined for burning the areas as identified in red on the applicable map.