Commercial recreation permit decision for Earnslaw - Hiking tours - A6087560

For this decision summary:

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

Hiking tours

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

Consent is granted for filming, subject to the following conditions:

1. Not remove any vegetation, disturb any soil (an 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, 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 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 2023 (as the case may be) and any Act in substitution thereof. Any other approvals or consents required with regard to access to the Operational Area shall be the sole responsibility of the Grantee to obtain.
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 Operational Area for the purposes of the Activities set out in the First Schedule of this Permit.
6. Ensure all clients and guides 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 disposed of at an appropriate facility.
7. 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.
8. 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.
9. 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. Furthermore, the Grantee acknowledges that access to the Operational Area can only be gained by helicopter as referred to in clause 16. 
10. Ensure that clients and guides use and stay on formed tracks where present in order to protect natural and historic features of the Operational Area, and no formation of tracks where they do not already exist are permitted.
11. Ensure that neither historical artefacts or sites on the Operational Area are disturbed nor relics removed by the Grantee or any participants in the Activities under this Permit.
12. Take all reasonable precautions to guard against danger on the Operational Area of the Grantor’s land.
13. Not to interfere or obstruct the Grantor or his/her agent’s employees or contractors or authorised invitees or hinder or interfere with the Lessee’s farming operations or other recreational permit activities on Earnslaw Station Pastoral Lease, including on the Operational Area.
14. Comply and ensure all clients and guides and other invitees of the Grantee 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, 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 www.mpi.govt.nz/outdoor-activities. The Grantee must ensure that all guides and client’s footwear, clothing and equipment, clothing, or footwear that may come into contact with waterways are cleaned prior to entering the Operational Area to these standards and regularly check this website and update their precautions accordingly.
15. 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 when on the Operational Area, however, for the avoidance of doubt, if any inconsistencies exist between these principles and the Grantees obligations outlined in this Permit, these Grantee obligations shall override at all times.
16. Only engage a third party helicopter company that has the authority, under its own Commercial Recreation Permit issued by Toitū Te Whenua LINZ, to undertake the helicopter drop offs and pick-ups within the authorised area of the Operational Area.
17. Ensure that all clients, guides and other invitees of the Grantee 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 footwear and equipment used by clients and guides are clean of seeds and plant material before entering the Operational Area.
18. Take all reasonable precautions 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.