Commercial recreation permit decision - Annual running race - A5604118

For this decision summary:

• LINZ received the application on or after 17 November 2022
• accordingly, the decision was made under the Land Act 1948 including the amendments taking effect on 17 November 2022

Annual running race

5 years

The Commissioner of Crown Lands has determined that the proposed activity is one which comes within the provisions of section 66A Land Act 1948, and that provided the terms and conditions specified in the permit are adhered to, these will minimise any potential adverse effects of the proposed activities on inherent values that it is considered desirable to protect.

Consent is granted for a commercial recreation permit, subject to the following conditions:

1. A heritage assessment shall be conducted by a qualified local heritage consultant prior to the first event, to check routes and provide recommendations on what cultural heritage sites should be avoided and what can be used as a running route. This will be reviewed by LINZ following each event and the recommendation of the consultant followed, including if necessary, a restriction on numbers as per the permit. For the avoidance of doubt, this assessment is to be undertaken on known heritage sites on the pastoral lands administered by LINZ.
2. Not remove any vegetation, disturb any soil or light any fire on the Operational Area.
3. Not at any time cause any building, erection, structure or fence or alteration or addition there to be placed or carried out upon the Operational Area.
4. Comply at all times with all statutes and regulations and obtain all approvals, consents and authorisations as are necessary for the Grantee to conduct the activities permitted by this Permit. 
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 site (if any) for the purposes and activities set out in the Permit.
6. 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.
7. Ensure that any vehicle use is kept to formed tracks where applicable to avoid damaging native vegetation and minimise the time spent in the riverbed.
8. Comply with the provisions of the Health and Safety at Work Act 2015 and any amendments or substitutions thereof. 
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.
10. Take all reasonable precautions to guard against danger on the Grantor’s land.
11. Be aware that the Operational Area could be subject to Part 4A Conservation Act 1987 (Arrow River). Therefore marginal strips may be present within the Operational Area, these are administered by the Department of Conservation and are excluded from this permit so contact them for advice on what is proposed.
12. Not to interfere or obstruct the Grantor or his/her agent’s employees or contractors or authorised invitees.
13. 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. 
14. 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. 
15. During the moult season (Dec-Feb) care must be taken not to startle any nesting birds in the Crown Riverbed. Birds can be gently persuaded to fly away if needed.
16. Be aware that the Macetown Road (track) is not a public road and is not maintained. Access is by consent from the lessee.  The road is only suitable for appropriate 4WD vehicles. Neither the Grantor nor the lessee guarantee access on the road and it is the responsibility of the grantee to determine if the road is suitable for use for vehicles if needed and or clients. 
17. Comply with any signage on the tracks or access roads.
18. Provide appropriate portable toilet facilities and safety booths as required at appropriate locations on the course.
19. All participants must use, and stay on, existing tracks where they occur and must stick to the marked race route. Tape should be put in places where heritage sites need to be avoided during the event to ensure runners do not accidently cause damage.
20. The permit holder must take all reasonable care to ensure client’s footwear and equipment is free of weeds prior to event.
21. The Grantee will ensure pre-event communication is sent to all participants explaining the risks of weed/didymo spread and potential impacts on heritage and ecological values. This communication will also include onsite briefings at the beginning of the event.
22. Any temporary structures used for any events must not damage any heritage values, freshwater values, indigenous vegetation, or indigenous faunal habitat.
23. The grantor at their discretion may monitor the operational area and where adverse impacts are observed, may require the grantee to refine the event route, and/or may determine that the base number of participants in the first year (First Schedule) may or may not be increased.
24. After the first year the base number of event participants may not exceed 1,400 people without written approval from the Grantor, who will not withhold that approval unless there is evidence of adverse effects of the previous race that cannot be mitigated. Approval to increase the numbers of participants can be given only if the Grantee is able to mitigate any adverse effects on the inherent values.

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.