For this decision summary:
- LINZ received the application on or after 17 November 2022
- accordingly, the decision was made under the Crown Land Act 1948 including the amendments taking effect on 17 November 2022.
Applicant
Fiordland Endurance and Adventure Racing Society Inc
Lease name(s)
Decision
What the decision relates to
Recreation permit – adventure race
Duration of consent
7 days
Reasons for decision
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 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 the recreation permit, subject to the following conditions.
The Grantee will:
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 however for the avoidance of doubt the use of portable gas cookers is permitted. Care must be taken with their use, and they must be operated in accordance with manufacturer’s instructions on a flat, fire resistant and durable surface free of dry or combustible materials. No open fires are permitted, and cigarette butts must be fully extinguished and stored in an appropriate receptacle and removed from the Operational Area.
Not at any time cause any building, or structure of any form (including any fence) or alteration or addition thereto to be placed or carried out upon the Operational Area other than those authorised by the Grantor as set out in the First Schedule of this Permit.
Operate the Activities permitted by this Permit within the Operational Areas in an efficient, professional, safe and reputable manner in accordance with industry standards and codes of practice, if any.
Comply at all times with all laws including but not limited to all statutes and regulations and obtain 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 local authority bylaws, rules and regulations and requisitions and with the provisions of the Resource Management Act 1991 and any Act in substitution.
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 for the purposes and Activities set out in the First Schedule of this Permit.
Ensure that all participants, staff, volunteers and other invitees of the Grantee 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. Toilet paper and sanitary products shall be packed out in appropriate receptables, and disposed of at an appropriate facility. The Grantee shall follow the Department of Conservation’s guidelines in regard to disposing of human waste.
Ensure that all participants abide by the race rules, and that they and all volunteers, staff and other invitees of the Grantee are fully briefed of the Grantee’s obligations under this Permit and that they must comply with these obligations at all times and respect the environment they have unique access to.
Ensure there are adequate staffing numbers who are trained to ensure the safety and wellbeing of participants in the Activities.
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(s).
Ensure that all vehicle use is kept to formed tracks and vehicles are parked on firm ground such as modified paddocks or existing carparks and road. Furthermore, during the mountain bike stage all participants, volunteers and other invitees of the Grantee must follow existing formed tracks, roads and trails and must not cut corners. Where not possible, bikes must be carried.
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) or any Act in substitution thereof and any regulations thereunder.
Hold a comprehensive Health and Safety Plan which addresses natural risks, extreme weather and participant’s wellbeing, a copy of which is to be supplied to the Grantor upon request. All volunteers and staff must be fully briefed on the requirements of this safety plan.
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.
Ensure that neither historical artefacts, sites or resources, if present on the Operational Area, are damaged or disturbed nor relics removed by the Grantee or any participants in the Activities under this Permit. Participants, staff, volunteers and other invitees of the Grantee are to be advised to avoid historic sites if seeking shelter and to use natural sites rather than historic sites. If any unidentified archaeological site is discovered the Heritage New Zealand Pouhere Taonga Archaeological Discovery Protocol must be followed, and the Department of Conservation – Central Otago District Office must be notified at wanakacv@doc.co.nz
Take all reasonable precautions to guard against danger and fire on Operational Area of the Grantor’s land.
Not to interfere or obstruct the Grantor or his/her agent’s employees or contractors or authorised invitees or interfere with the Lessees’ farming operations or other recreational permit activities on Halfway Bay Station, Kingston Station, Lorne Peak Station, Nokomai Station, Coal Creek Station, Grafton Hills Station, Mt Hope Station, Whitcomb Station and Glenaray Station Pastoral Leases, including the Operational Area.
Not hinder public access on any roads or tracks to and through the Operational Area, including checkpoints and transition areas.
Ensure that all participants, staff, volunteers 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 bikes, footwear, gaiters, packs and equipment used during the Activities permitted by this Permit are clean of seeds and plant material before entering the Operational Area.
Comply, and ensure all participants, staff, volunteers 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, Clean, Check, Dry cleaning methods as published by MPI to limit the spread of Didymo (Didymosphenia geminata) and other freshwater pests when moving between waterways. These cleaning methods can be found at Check, Clean, Dry: preventing didymo and other pests.
Ensure that all vehicles, bikes, equipment, clothing or footwear that may come in contact with waterways are properly cleaned before and after visiting the Operational Area to the standards in clause19 to avoid cross contamination of waterways.
Ensure that any signage, route and track marking is of a temporary nature; if fixed to trees these must not be nailed or stapled. No paint or dazzle is to be used and all course markers, check points and transition areas must be removed immediately following the event.
Ensure that all participants, volunteers, staff and other invitees comply with the following guidelines regarding (native) wildlife:
No chasing, harassing, handling or touching of wildlife is permitted. In particular, contact with dead birds must be avoided due to the risk of high pathogenicity avian influenza;
No person shall approach any wildlife closer than 5 metres;
Wildlife is not to be surrounded or followed and shall have right of way;
Access to safety of natural cover is not to be restricted;
Food must not be offered to wildlife;
Noise is to be kept to an absolute minimum; and
Spotlights are not to be used, and the beams of torches are not to be shone directly on wildlife. Flash photography of wildlife is not permitted. Only low light intensifying lighting is permitted for video filming (no floodlighting permitted).
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 and competitors, volunteers and staff are made aware of these principles through the event website and pre-race briefings. However, for the avoidance of doubt, if any inconsistencies exist between these principles and the Grantee obligations outlined in this Permit, these Grantee obligations shall override at all times.
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.
Prepare a fire action plan and ensure that the appropriate fire extinguishers, shovels, and/or knapsack sprayers are immediately accessible for use in the event of fire.
Recreation permits granted by the Commissioner of Crown Lands also incorporate (with minor variations) the terms set out in Appendix H of the the Standard for purchase, alienation, and administration of Crown land - LINZS45002.