Commercial recreation permit decision - Guided mountain bike trips - A6041948

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.

Guided mountain bike trips

10 years

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 permit will minimise any potential adverse effects of the proposed activities. 

Consent is granted 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 additional thereto to be placed or carried out upon the Operational Area other than expressly authorised in this Permit and provided for in the First Schedule of this Permit. 
3. Comply at all times with all statutes and regulations and obtain and comply with 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 or the Natural and Built Environment Act (as the case may be) and any Act in substitution thereof. 
4. Operate the Activities authorised by this Permit within the Operational Area in a professional, safe and reputable manner and in accordance with industry standards and codes of practice, if any.
5. Remove and take away or cause to be removed and taken away all material, contaminants, human waste, refuse, vehicles, equipment, and vegetation placed on the Operational Area for the purpose of the Activities set out in the First Schedule of this Permit. 
6. Ensure that all participants in the Activities authorised by this Permit 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 safely deposited at an appropriate facility.
7. Ensure the “Leave No Trace” Principles of Leave No Trace New Zealand and the New Zealand Environmental Care Code are adhered to at all times however for the avoidance of doubt if any inconsistencies exist between these principles and the Grantee’s obligations contained in this Permit, these Grantee’s obligations shall prevail at all times. 
8. Ensure that any damage or disturbance which has occurred to the surface of the land as a result of the Activities authorised by this Permit is restored to its former condition and to the reasonable satisfaction of the Grantor and Lessee. 
9. Comply with the provisions of the Health and Safety at Work Act 2015 or any Act in substitution thereof and any regulations (including the Health and Safety at Work (Adventure Activities) Regulations 2016, (if applicable) thereunder. 
10. Ensure that the Activities authorised by this Permit will be confined exclusively to the Operational Area (as defined in the plans attached as the Third Schedule) and use the Operational Area solely for the Activities authorised by this Permit. 
11. Take all reasonable precautions to guard against danger on the Operational Area of the Grantor’s land. 
12. Ensure that all clients, guides and any other invitee of the Grantee use only the trails that are purposely built for mountain biking, as described in the First Schedule within the Operational Area of the Grantor’s land to avoid damaging native vegetation. Furthermore, the Grantee must ensure that all the Grantee’s clients, guides and invitees are advised prior to entering on to the Operational Area, that no shortcutting from the existing trails/tracks is permitted. 
13. Ensure the Activities only occur on official sanctioned mountain bike trails within the Operational Area and when trails/tracks are designated ‘Open’. The Grantee will make all necessary enquiries to ensure that the trails are ‘Open’ and not closed for track maintenance work (or any other reason) prior to entering onto the Operational Area. 
14. Not to interfere or obstruct the Grantor or his/her agent’s employees, contractors or authorised invitees or interfere with the Lessee’s farming operations or other commercial recreational permit activities on Coronet Peak, Glencoe and Mt Soho Stations pastoral leases, including the Operational Area. 
15. Ensure that all 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 tyres, pedals, footwear and packs, are clean of weeds, seeds and plant material prior to entering the Operational Area. 
16. Ensure that clients, guides 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’s (MPI) “Check, Clean and Dry” cleaning methods as published by MPI to limit the spread of Didymo (Didymosphenia germinate) and other freshwater pests when moving between waterways. These cleaning methods can be found at www.mpi.govt.nz/outdoor-activities. 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 that neither historical artefacts, sites or resources, if present on or adjoining the Operational Ara, are disturbed nor relics removed by the Grantee or any clients, guides, or invitees in the Activities under this Permit. 
18. Trips are for duration of up to 8 hours with a maximum of 10 guests plus 2 guides.

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.