Decision Type
Commercial recreation permit
Published date
Reference
A5526031

For this decision summary:

  • LINZ received the application before 17 November 2022
  • accordingly, the decision was made under the Crown Pastoral Land Act 1998 and Land Act 1948 excluding the amendments taking effect on 17 November 2022.

Lease name

Otemamata I, Otematata II and Aviemore

Decision

Granted

What the decision relates to

4WD touring, tramping, mountain biking, horse riding, hunting, fishing, overnight stays in existing station huts and camping

Duration of consent

10 years

Reasons for decision

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. 

Conditions of decision

Consent is granted for multiple recreation activities, subject to the following conditions:

  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 except for the purpose of cooking and heating in a properly constructed fire place (if applicable) within the existing station hut subject to clause 14 of this Permit. 
  2. Not at any time cause any building, erection, 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 obtain all approvals, consents 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. 
  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 purposes of or resulting from the Activities set out in the First Schedule of this Permit. 
  6. Ensure that no processing of any animals hunted as part of the Activities shall occur within 50 metres of any water body, water source or public road or track and no carcasses, offal or rubbish from the said processing is to be left in streambeds or within 50 metres of any water body, water source, public road or track. 
  7. Ensure that all clients and invitees 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, or appropriately deposited in shallow holes dug in the topsoil at least 50 metres from any water or track, inorganic material such as sanitary products shall be packed out in suitable containers and disposed of at an appropriate facility. 
  8. 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. 
  9. Ensure that all vehicle use is kept to formed roads and tracks. No shortcutting from existing roads and tracks or formation of roads and tracks where they do not already exist is permitted. 
  10. 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. 
  11. Ensure that the Activities authorised by this Permit will be confined exclusively to the Operational Area (as defined on the plans attached as the Third Schedule) and use the Operational Area solely for the Activities authorised by this Permit. 
  12. Ensure that when passing through gates on the Operational Area they are left the way they are found. 
  13. Ensure that neither historical artefacts or sites on the Operational Area are disturbed nor relics removed by the Grantee or any clients or invitees in the Activities under this Permit. 
  14. Take all reasonable precautions to guard against danger on the Operational Area of the Grantor’s land.
  15. 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 Otematata Station I & II and Aviemore Station pastoral leases, including the Operational Area. 
  16. Comply, and ensure all clients and invitees 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 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. 
  17. 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. 
  18. Ensure that all clients and invitees take all reasonable 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 those entering the Operational Area to undertake the Activities permitted by this Permit are clean of seeds and plant materials before entering the Operational Area. 
  19. Take all reasonable precautions, in relation to any motor vehicle 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.