Because the paperwork is locked up in the red zone, the Christchurch earthquake has delayed the Commissioners decisions about the Mackenzie hearings.

Paul Rogers said on behalf of The Commissioners in a memo on the 4th of April that
the Canterbury earthquake of 4 September 2010, and the significant aftershocks
experienced in Christchurch on 26 December 2010 and 22 February 2011 have
had effects on the timing of release of the decision.

The September earthquake destroyed one of the Commissioners‟ offices. This
resulted in that Commissioner needing to spend time on other pressing issues
other than decision-writing. It also caused delays for that Commissioner in terms
of access to materials to enable decision-writing.

The 22 February 2011 earthquake affected the Christchurch Central Business
District (CBD) and another Commissioner‟s office. That office remains locked
down and unavailable. It is situated within the „red zone‟ of the CBD. Written
records, hearing notes, and evidence with notations have not been available since
22 February 2011. Copies of evidence have been made available from other
sources. However, attendance on earthquake-related matters (such as finding,
securing and relocating to new premises, and dealing with a multitude of issues)
have had impacts upon time available to devote to decision-writing.

Thus, both earthquakes have (hopefully understandably) delayed the decision
release process.The Commissioners concluded that the best they could do was to give
all participants an assurance that the decision is being progressed as rapidly
as possible. The length of the hearing, the volume of evidence produced – both in terms of the
hearing itself and, particularly, in relation to condition sets – means that there will
be significant time spent in reviewing and assessing that evidence.

“The point in time when the final critical “conditions material” was produced to us
was not until mid-January 2011. Thus, a critical part of our deliberations and
assessment was only recently commenced in early February 2011. The 22
February 2011 earthquake occurred after their early February deliberation session.
Thus the earthquake has had a very material effect on work related to the
decision’. The case is a very important case; it raises critical and complex issues, which will
take time to resolve. It would not be wise nor is it appropriate for the Commissioners to pick a
projected end date for the release of the decision. Suffice to say a decision will be
released in the form described above as soon as practicable.

Counsel for Southdown Holdings Ltd, Five Rivers Ltd, and Killermont Station Ltd are anxious to have a decision date .

29th MINUTE OF COMMISSIONERS IN RESPONSE TO MEMORANDUM OF COUNSEL ON BEHALF OF SOUTHDOWN HOLDINGS LTD, FIVE RIVERS LTD, AND KILLERMONT STATION DATED 24 JUNE 2011
Request
1 Counsel for Southdown Holdings Ltd, Five Rivers Ltd, and Killermont Station Ltd (the applicants) respectfully requests that we provide a date by which the decision on the applicants’ resource consent applications are to be finalised and further that this date be as soon as possible.

2 Counsel points out that the length of time that this process has taken is placing the applicants under considerable strain, both financial and emotional. We are informed that large amounts of capital are tied up in the hearing and the applicants wish to have certainty as to what may be undertaken on their properties.
Response

3 At paragraph 2 of his memorandum, Counsel for the applicants rightly records some of the issues that are impacting upon our ability to complete our deliberations, and the writing and issuing of the decision. Those matters in themselves are having and have had a material impact on our ability to finalise and issue decisions.

4 The other points that Counsel does not refer to, which in our view are important, are the manner in which the applications have been presented to us. By that we mean the applicants have, in summary form, presented to us their view of the assimilative capacity of the entire catchment along with their view the existing environment in terms of discharges, and finally their view as to the likely quantity of discharges if all resource consents before us are granted.

5 This approach is new and novel. It involves very complex expert evidence, which requires expert and careful consideration.

6 Additionally, in terms of the Waitaki Catchment Water Allocation Regional Plan we are required to take a catchment-wide assessment and consider we must do that in respect of all of the applications.

7 We cannot issue individual decisions until we have completed a full evaluation of all of the applications before us. To issue some decisions before others would be unwise, particularly where we have not completed consideration and assessment of all applications, including the proposed conditions.

8 In short, the applications were presented to us as, effectively, a single case. Secondly, in our view, given the resource management issues arising from these applications we consider we have no choice but to issue all decisions at once.

9 Returning to the issue of proposed conditions, it is well worth pointing out, we think, that in terms of all applications we have not been presented with an “agreed” set of conditions. A process occurred between all participants, which had as one of its goals reaching agreement on conditions. Rather, we have been presented with a tabular format
giving differing views from different participants about their preferences in terms of conditions. While that portion of our work is well in hand, it is a considerable undertaking.

10 It is regrettable that the process is taking a lengthy period of time. However, this group of applicants and all other applicants were under no illusion, we believe, that consideration of the issues and the issuing of a decision would take a considerable period of time.

11 There are 104 applications before us. Some applications have taken much longer
than others to assess, evaluate and determine. However, taking a very simplistic
approach of allowing a minimum of a fortnight per application it is, in our view,
not surprising that our determinations have taken time to date and will take
further time to complete.

12 We do not consider it would be responsible of us to provide a date on which
decisions on the applicants’ applications will be issued, for the reasons we have
advanced. In reality, there may very well be issues that we focus on as we
traverse and re-traverse the materials that we have before us and thus intimating
a date when decisions may be available is unrealistic.

13 This group of applicants and all other applicants can be assured the
commissioners are working as speedily as possible to issue decisions.

Dated at Christchurch this 30th day of June 2011

Some of the applicants are getting impatient and are contemplating judicial review as the following minute shows.

30th MINUTE OF COMMISSIONERS
Introduction
1 On or about the 11th of August 2011 we were forwarded, by Environment Canterbury, a copy of correspondence from Mr Kelvin Reid dated 1 August 2011.

2 Mr Reid set out a range of matters in his correspondence. However, he raised one core concern, which was to do with our unwillingness to give any indication at all as to when the decisions may be forthcoming.

3 Mr Reid also recorded that his clients were contemplating seeking judicial review, presumably in relation to our reluctance to intimate when a decision would be forthcoming.

4 He asks Environment Canterbury if it would investigate whether (we) the Commissioners would reconsider our timetable and our refusal to give an indication of the likely time period within which a decision may be forthcoming.
Discussion

5 For Mr Reid’s information we advise that our timetable is always under review. The Commissioners convene a weekly “Skype” video-telephone conference. An item on our agenda for those meetings is timetable and likely dates when a decision will issue. Our timetable always receives attention and is always under review.

6 As Chair, I wish to emphasize that all of the Commissioners are devoting their full time and attention to ensuring the decision is progressed in a timely fashion.

7 In terms of our reluctance to give an indication of the likely time period within which a decision may be forthcoming, I should explain.

8 We have been hesitant to give an indication as there is significant variability in terms of the time it takes to complete decisions for different applications. Some of the applications present a range of challenges and issues and consequently the decisions are complex and take a considerable period of time. In contrast, other applications are more straightforward and the time it takes to draft a decision is much less.

9 We did not wish to give an indicative date and find that we would not be able to comply with that indication. We thought it better that we signal that we are working in a concentrated fashion and we would issue the decision as soon as we possibly could, rather than nominate a date and face disappointment if that date were not meet.

Outcome

10 On reflection and taking into account the matters raised by Mr Reid, it is clearly the applicants’ preference to receive, as Mr Reid asks for, an indication of the likely time period within which the decision may be forthcoming.

11 Doing our very best to assess a range of factors, the Commissioners can and do indicate that a decision will in all likelihood be available in the week commencing

21 November 2011. That is our very best and diligent estimate of when a decision is likely to be forthcoming.

12 We still have considerable work before us in terms of further review of evidence and review of decisions, and consideration of conditions.

13 If it appears that the indicative date we have given above is unlikely to be meet,
we will issue memoranda as soon as we have information before us to that effect.

14 We also should signal that we intend within the next few weeks to issue our
decision in respect of the application by the Upper Waitaki Community Irrigation
Company.

15 We are also currently considering we should issue decisions on the “smaller”
applications. However, that would require us to deviate from the approach that
we had earlier settled upon.

16 As before, the hearing remains adjourned.

Dated at Christchurch this 23rd day of August 20
Paul Rogers
Commissioner Chair on behalf of the Committee

Media Release – Losing our commons/protect the Wolds and Maryburn
——————————————————————————————————
Submissions on Tenure Review of The Wolds and Maryburn Pastoral Leases closed Thursday 31 March 2011.

Mackenzie Guardians Inc. submitted in opposition to the preliminary proposals because the proposals do not adequately recognise and provide protection for large natural areas in the central Mackenzie Basin.

Mackenzie Guardians find it extremely alarming to receive tenure review proposals that do not implement either the statute or the stated intent of this government (Crown pastoral land – 2009 and beyond). The government’s policy provides an assurance that inherent landscape values will be maintained and protected. The Wolds and Maryburn proposals do not achieve this.

The Mackenzie Guardians have previously met with the Commissioner of Crown Lands and Land Information NZ officials for clarification that the statutory processes will be adequately implemented in any tenure review and consent processes to address the character and scale of Mackenzie landscapes.

The Mackenzie Guardians have undertaken considerable assessment and analysis in the Mackenzie Basin and have identified that, together with adjoining Maryburn, The Wolds Pastoral Lease lands encapsulate the very essence of the basin’s natural and naturalistic values. The Lease includes core aspects of the iconic Mackenzie Country that John Key and Nick Smith have said this government values and will protect. Disappointingly the officials seem to have ignored government directives in their preliminary proposals.

Mackenzie Guardians believe the values of this unique area needs to be conserved for the enjoyment and well-being of present and future generations.

Mackenzie Guardians understands the Tenure Review proposal for the
Maryburn Pastoral Lease is to:
1. designate 3,430 hectares as land to be restored to or retained in Crown
control as conservation area (CA1).
2. designate 4,946 hectares as land to be disposed of by freehold to the
Holder

Mackenzie Guardians oppose the preliminary Tenure Review proposal in its
entirety because the proposal fails to protect significant inherent values on Maryburn.
It fails to protect the natural values of the Maryburn outwash plain, the wetlands and
much of the catchments of Mary Burn and Irishman Creek and the margins of Lake
Pukaki. It fails to protect the Pukaki moraine (western block) and the eastern slopes
of Mt Mary. That is, the proposal fails to protect the essence of this core of the
Mackenzie landscape, and also fails to protect particular natural features within it.
The proposal does not meet the provisions of the Crown Pastoral Lands Act (CPLA).
Under the CPLA Section 24 (b) (i) and (ii), significant inherent values must be
protected by the creation of protective mechanisms with a preference to return to full
Crown ownership and control.
The proposal does not promote the management of reviewable land with significant
inherent values in a way that is ecologically sustainable, as required by the CPLA
Section 24 (a) (i).
The proposal does not provide for future public access, recreational opportunities
and enjoyment of the high country landscape as required by Section 24 (c) (1) of the
CPLA “make easier the securing of public access to and the enjoyment of reviewable
land”.
Nor does the proposal meet Government Policy (2009 and beyond). Allowing for
varying mechanisms, the Policy requires the protection of high landscape values be
achieved, including for lakesides. The proposal does not meet this requirement. As
reiterated by the Guardians in meeting with LINZ officials, administration should more
closely match statutory requirements and government directions. The methods
proposed in this tenure review do not ensure achievement of the stewardship that is
directed by the government policy, particularly for the natural character of
landscapes.

Significant Inherent values
DOC assessment criteria for determining SIV‟s for areas of highest significance is as
follows:
106. The highest significance will be accorded to the best remaining
representative examples of landscapes that characterised New Zealand
before humans arrived.
The outwash plains and the Pukaki moraine are among the best remaining examples
especially because of their scale and broadscale intactness. The proposal fails to
protect their highly significant inherent landscape values.
107. The highest significance will be accorded to the natural character of the
margins of lakes and rivers. The margin includes those landforms that
surround a water body and define its character and qualities.
The Maryburn, and its associated landforms, is of the highest significance. The
proposal fails to protect these highly significant inherent values.
108. High significance will be accorded to other remaining examples of
landscapes that characterised New Zealand before humans arrived.
Whilst not pristine, the vast outwash landscape is an important and rare remaining
example of a characteristic original landscape. The proposal gives this no
significance.

Mackenzie Guardians submission Maryburn Pastoral Lease Tenure Review Proposal March 2011
109. High significance will be accorded to generally recognised high country
landscapes or scenery. This can include natural and cultural landscapes.
The Maryburn outwash lands are crucial aspects of the grand high country landscape
of the Mackenzie, forming the naturalistic foreground to the views up to the source of
the material at Aoraki Mount Cook. The ability for the public to drive through and
experience this giant natural system is undoubtedly a nationally important inherent
value. The proposal does nothing to protect this highly significant value.
110. High significance will be accorded to opportunities to restore or increase
the natural character of recognised high country landscapes.
The proposal does nothing to provide opportunities to restore or increase the natural
character of the outwash landscape that is core to this recognised high country
landscape.
In addition, Government policy states that lakeside and landscape values are to be
maintained and protected through tenure review. The proposal does not maintain or
protect the Pukaki lakeside landscape or the Tekapo outwash landscape.
Maryburn Pastoral Lease
The Maryburn Pastoral lease is located in the centre of the Mackenzie Basin. The
lease extends west from the Tekapo River to the Maryburn stream. A second block
includes the south western end of the Mary Range to Lake Pukaki. The three main
types of landforms represented on Maryburn are outwash and alluvial surfaces,
moraine, and, hard rock isolated mountain or roche moutonnée.
The alluvial fluvio-glacial outwash plains, till-covered glacial hummocks, stony
terraces, kettleholes and ephemeral tarns, and lowland hill country shrubland, are all
significant as distinctive geomorphological features, ecosystems, habitats and
communities. Due to their naturalness, together they provide a „textbook‟ of glacial
processes. The sequence of habitats from the Pukaki terminal moraine, to the
hummocky moraine deposits to the fluvio-glacial channels and outwash plain provide
an important landscape sequence.
The areas on Maryburn which deserve protection are:
1. Maryburn outwash plain (eastern block)
This broad fluvio-glacial outwash plain between State Highway 8 and the Tekapo
River comprises a series of terraces and flood plains built of deep gravels overlain to
varying degrees with loess soils and bisected by Irishman‟s Creek.
The Maryburn outwash plain is one of the most distinctive natural landscapes in the
Mackenzie Basin. From the major tourist State highway, the outwash plain of short
tussock grassland can be viewed at close range across vast distances, making it one
of the most iconic and memorable views in the Mackenzie. The sense of extreme
openness and exposure to the elements is highly characteristic. It is a landscape
treasured by many New Zealanders and overseas visitors.
Outwash plains in their undeveloped form make a fundamental contribution to
outstanding natural landscape character. They are distinct and unique and are a key
element to the Mackenzie Basin.
They are a naturally rare ecosystem. Outwash plains are listed in the proposed
National Policy Statement on Indigenous Biodiversity 2011 as a naturally uncommon
ecosystem type, which is to be regarded as supporting vegetation and/or habitat that
is “significant”. There is to be no “net loss” of biodiversity from such areas. The

Mackenzie Guardians submission Maryburn Pastoral Lease Tenure Review Proposal March 2011
outwash plains and its ecosystem is irreplaceable or irreplicable because of its high
stress environment and highly specialised species.
Stronger mechanisms are required to protect the significant inherent values of
outwash plains. The proposed unencumbered freeholding of moraine and outwash
will not maintain or protect the values.
If freeholded as proposed the outwash plain landscape values could be cultivated
and destroyed. The naturalness, the evident dry tussock grassland, the textures and
colours of gold, brown and grey would likely be replaced by bright green exotic grass,
pivot irrigators and other structures and shelter belts. Inadequate measures and
poor enforcement of District Plan rules means the RMA would not prevent damage
from earthworks, cultivation, irrigation or forestry.
The statute and Policy recognise the inadequacies of Council measures under the
RMA. Whilst this Maryburn Pastoral Lease has been recognised as an important
contribution to an outstanding natural landscape of national importance, there are as
yet no land management measures in the Canterbury Region or Mackenzie District
Policies or Plans to implement the landscape protection in terms of land
management.
As some of these dry landforms and associated dryland plant communities are some
of the least protected in New Zealand, Mackenzie Guardians seek protection for the
entire triangle of land as conservation land to safeguard a full suite of fluvial-glacial
outwash and younger alluvial terrace and floodplain features.
Land between Lake Pukaki and crest of Mary Range including Pukaki lateral
moraine (western block)
The moraine landscape between the Mary Range and Lake Pukaki is part of a wider
area previously identified for its significant geomorphological values (Mansergh
1978).

It is a part of the Lake Pukaki Terminal Moraine site, a nationally significant
geopreservation site classified as an extremely well defined landform of scientific and
educational value.
It is part of “the most intact sequence of lateral moraine topography remaining in the
Mackenzie Basin” (Head 2001).
The moraine landscape is visible from the main highway corridor, SH8 and the road
adjacent to the Lake Pukaki shoreline. The area is distinctive and is as important as
any other area contributing to the diversity of the Basin‟s natural landscapes. It
evokes landscape qualities of openness and vast space. It is memorable because it
is one of the most natural looking landscapes now remaining in the Basin.
The area should become conservation land to protect its significant inherent values
and to help safeguard a continuous landscape sequence from the lake margin to the
crest of the Mary Range. Protection would also secure public access to the lake and
to the top of the Mary Range.
A trail along the crest of the range would provide one of the best views of the
geopreservation site and spectacular views over Lake Pukaki to the Ben Ohau
Range and Aoraki/Mt Cook. It would enable the public to appreciate the distinctive
landscape character and natural heritage.

Mackenzie Guardians submission Maryburn Pastoral Lease Tenure Review Proposal March 2011
real appreciation of the vastness of the Basin and its formative processes and
structure.

The Te Araroa trail passes through the area from Tekapo to Twizel, mainly within the
Lake Pukaki moraine landscape and along the Pukaki shoreline for 7kms to SH8.
Eastern slopes Mary Range
Mackenzie Guardians support a sustainable land management covenant as
recommended by DoC under the Crown Pastoral Land Act over 306 ha. of the
eastern slopes of the Mary Range from the crest of the range to around the 600 m.
contour. This part of the range can be seen from SH8 and is an important part of the
corridor highway experience through the basin. The skyline is intact with no major
structures. The covenant was intended to protect these landscape values by
prohibiting the erection of buildings or structures, forestry plantings and earthworks.
Freeholding without a covenant leaves the skyline and eastern slopes vulnerable to
modification.
Mary Burn Stream and wetlands
In hill and high country areas water quality has generally remained relatively high but
accelerating land use change and intensification are causing water quality
degradation in some rivers, lakes and wetlands. More intensive land use change as a
result of the proposed freeholding on Maryburn may compromise water quality in the
Mary Burn and Irishman Creek, and associated springs and wetlands.
The Mary Burn has high visual values because of its clear water and its natural
character. The stream corridor is distinctive in its dryland setting adds to the richness
of the landscape through diversity and contrast. This valuable riparian habitat is part
of the Tekapo River system.
All streams of this scale and associated wetlands are significant because of the
extent of loss and degradation that has occurred nationally since European
settlement, less than 10% remain in Canterbury. All deserve protection and proper
management for clean water and protection of habitat and species that use the
stream and wetland for parts of their lifecycle.
Mackenzie Guardians do not support the freeholding of streams and wetlands and
riparian corridors with known and proven values. We seek that the Mary Burn and its
associated landforms and wetlands be managed for its natural values, clear clean
water, vegetation, birdlife and invertebrates, and as important contributor to the
landscape unit, as conservation land. A standard marginal strip would not adequately
protect and buffer the stream and wetland riparian shrubland and be inadequate to
retain the natural character and landscape values. Instead mechanisms to ensure the
values are maintained and protected need to be ensured.
Northern wetland
All remaining wetlands are a priority habitat for conservation. The northern wetland is
a good example of a spring fed wetland. It is permanently wet, connected to Mary
Burn Stream and has been identified as a Site of Special Wildlife Interest for birds.
The wetland is a rare habitat type in a dry landscape. It is fairly substantial in size,
contains representative wetland plant communities and provides a key habitat for
indigenous birds, fish and invertebrates. The proposal to freehold the wetland would
likely result in continued degradation.

Mackenzie Guardians submission Maryburn Pastoral Lease Tenure Review Proposal March 2011
Mackenzie Guardians seek protection of the wetland by way of conservation
covenant, to restore the vegetation and ecological values.
Summary
Mackenzie Guardians understand the Key Priority (4.10.1) under the Canterbury
Conservation Management Strategy is landscape protection – the Mackenzie Basin
is described as a vast open landscape exhibiting a distinctive tussock grassland
character. The property is a key landscape to be protected. The CMS states the
Conservancy will seek to protect, maintain and enhance the [natural] heritage
landscape.

Tenure Review should provide that protection and an opportunity to maintain,
restore and enhance the natural heritage landscape.
Key priority (4.10.2) is to protect and enhance the viability of priority threatened
species and their habitats.
Tenure Review should be the implementation method (#18) to protect indigenous
biodiversity.
Tenure Review should ensure the survival of the best representative examples of
geological features, landforms soil sites and active physical processes so that the
geological history of NZ its landforms and the evolution of its biota can be
understood.
Tenure review should protect a range of areas and values that best contribute to
maintaining and restoring Canterbury‟s indigenous biodiversity.
As the preliminary proposal does not substantially provide for landscape and
ecological protection and recreational opportunities, tenure review should be halted
and the property remain as a pastoral lease.

SUBMISSION ON PRELIMINARY TENURE REVIEW PROPOSAL FOR
THE WOLDS STATION PASTORAL LEASE

High country landscapes are a national taonga (treasure). They are important to all New Zealanders. At the moment it is crown land and so it belongs to all of us.
The lakesides need to be preserved for everyone to enjoy, rather than by a few house and lifestyle block owners. Iconic public riches are to be given to runholders.

We believe the preliminary proposal does not substantially provide for landscape and ecological protection and recreational opportunities. We believe tenure review should be halted and the property remain as a pastoral lease.

Below is the full version of the submission we made. Sorry could not incorporate all the visuals.

Mackenzie Guardians believe that the values of this unique area need to be
conserved for the enjoyment and well-being of present and future generations.
The Mackenzie Guardians have undertaken considerable assessment and analysis in
the Mackenzie Basin and have identified that, together with adjoining Maryburn, The
Wolds Pastoral Lease lands encapsulate the very essence of the basin’s natural and
naturalistic values. The Lease includes core aspects of the iconic Mackenzie Country.
The Mackenzie Guardians have previously met with the CCL and LINZ officials for
clarification that the statutory processes will be adequately implemented in any tenure
review and consent processes to address the character and scale of these Mackenzie
landscapes.
It is thus extremely alarming to receive tenure review proposals that do not
implement either the statute or the stated intent of this government (Crown pastoral land
- 2009 and beyond). The government’s policy provides an assurance that inherent
landscape values will be maintained and protected. The Wolds’ proposal does not
achieve this.

Mackenzie Guardians submission The Wolds Pastoral Lease March 2011
is as follows

Mackenzie Guardians understands the Tenure Review proposal for The Wolds
Pastoral Lease is to:
1. designate 600 ha (approximately) of Tekapo River terraces as land to be
restored to or retained in Crown control
2. designate 70 ha (approximately) as shrubland on the Mary Range, north east
toe slopes, to be restored to or retained in full Crown ownership and control
3. designate 85 ha (approximately) of the Mary Burn wetland to be to be restored
to or retained in full Crown ownership and control as a Scientific Reserve
4. designate 7,176 ha (approximately) as land to be disposed of by freehold to
the holder
5. designate 2.4 ha on the summit of the Mary Range for a tele-communications
reserve (with no public access).

Mackenzie Guardians oppose the preliminary Tenure Review proposal in its entirety
because the proposal does not adequately recognise and provide protection for large
areas of land with significant inherent values (SIVs). The proposal does not meet the
provisions of the Crown Pastoral Lands Act (CPLA). It does not maintain or protect the
fundamental significant and natural values of the heart of the Mackenzie Basin that is
contributed to very substantially by lands of The Wolds.

Under the CPLA Section 24 (b) (i) and (ii), significant inherent values (SIVs) must be
protected by the application of protective mechanisms with a preference to return to full
Crown ownership and control.
The proposal does not promote the management of reviewable land with significant
inherent values in a way that is ecologically sustainable, as required by the CPLA
Section 24 (a) (i).
The proposal does not provide for future public access, recreational opportunities and
enjoyment of the high country landscape as required by Section 24 (c) (1) of the CPLA
“make easier the securing of public access to and the enjoyment of reviewable land”.
The proposal does not implement government policy (2009 and beyond) directive for
protecting and maintaining high landscape values, including of lakesides, through
varying methods. The proposal does not achieve this. As reiterated by the Guardians in
meeting with LINZ officials, administration should more closely match statutory
requirements and government directions. The methods proposed in this tenure review
do not ensure achievement of the stewardship that is directed by the government policy,
particularly for the natural character of landscapes, including lakeside landscapes.
The Wolds Pastoral Lease
The Wolds is located 19 km south of Tekapo on State Highway 8 in the centre of the
Mackenzie Basin. The property runs from the Tekapo River across outwash terraces
and braided floodplain terraces. The Mary
Range, of glacially over-ridden bedrock, a roche moutonnee .
Mackenzie Guardians submission The Wolds Pastoral Lease March 2011
Mountain) protrudes through impressive moraine fields, along with their backswamps
and fluvial terraces, that extend from the highway to Lake Pukaki (Land Type H3, Glacial
& Fluvial Basin Floor) (refer land type mapping, models and diagrams attached). Within
the glacial moraine, landform components featured include wetlands, moraine deposits,
boulder fields and kettle holes along with their associated vegetation. The 3 major land
types, the outwash, the moraine and the isolated mountain, and the associated lake,
form the essence of the central Mackenzie Basin landscape.

The Wolds is an integral part of the Mackenzie Basin. The property has outstanding
landscape values because of its overall natural appearance. The Ben Ohau Range,
Southern Alps and Aoraki provide a majestic backdrop to the west and The Grampians
to the east. The Mary Range is a prominent natural landmark in the area and is of high
scenic value.

The Wolds involves a quintessential transect through the central basin. The natural
values are highly legible and highly valued. The naturalness and continuity, of the
landscape sequence is fundamental to the Mackenzie Basin landscape value. The
proposal fails to protect the naturalness and the continuity of this sequence.
A large part of The Wolds is visible from State Highway 8, a national tourist highway and
the Tekapo Canal Road, which are important corridors through the Mackenzie Basin.
The Te Araroa trail passes through the area from Tekapo to Twizel, mainly within the
Lake Pukaki moraine landscape and along the Pukaki shoreline for 7kms to SH8. The
central Mackenzie Basin landscape is highly significant to the visitor/tourist and local
community experience, and contributes to their sense of place, identity and well-being.
The close up views from SH8 are important to New Zealanders and international visitors
travelling through the Mackenzie Basin. The views of the natural complex are iconic and
deserve protection.

The Wolds has highly significant landscape and ecological values. The area makes a
highly important contribution to intact ecological sequences of low altitude naturally rare
ecosystems. Inland outwash gravels and braided riverbeds, frost hollows and inland
sand dunes are originally rare ecosystems.

Key areas east of SH8 not adequately protected are:
The Tekapo River terraces and eastern outwash plains
Mackenzie Guardians support the proposed conservation land status for the eastern
alluvial terraces adjacent to the Tekapo River (CA1), however the proposed boundary
and new fence (y to z) would result in undesirable visual outcomes. A boundary that is
more inclusive of the whole landform surface and one which maintains the existing
uniformity, continuity and openness of the landscape and associated ecosystem, is
recommended. For, These alluvial terraces provide the continuity and linkage with other
geomorphic features, such as the outwash plains, that make the Mackenzie Basin so
distinctive, and help provide the District with an impression of spaciousness.

Inclusion of the terrace and a part of the higher rolling moraine surface under fescue
tussock grassland would protect an intact sequence of habitats including terrace crest,
scarp, footslope, outwash and recent alluvial terrace through to gravel riverbed. Rather
than protecting one or two habitat sequences – patches, as currently proposed – there
would be much greater value in protecting the sequence to allow for natural ecological
processes to continue to operate and for species to migrate in response to climate

Mackenzie Guardians submission The Wolds Pastoral Lease March 2011
change. The larger the area the more resilient it will be and the higher its ecological
value.
These areas have low to very low pastoral value. Extensive modification would be
required to support productive pastoral use or would be potentially forested. Either
option would have significant adverse effects with respect to fragmentation of intact
landforms, ecosystems and landscape integrity and would very likely result in loss of
rare and threatened species.
To best retain the impressive open and large-scale naturalistic landscape of the central
Mackenzie Basin, the existing intact sequence of landforms and vegetation cover
between the area of border dyked paddocks and the Tekapo River should be protected
in perpetuity.
Triangular section of Unoccupied Crown land adjoining the northeast corner of
the lease.
A 451 ha triangular shaped block of outwash terrace on unoccupied Crown land
adjacent to the Wolds lease should be protected. It includes two ephemeral tarns,
modified fescue tussock grassland with scattered matagouri and stonefield. It has good
quality fescue tussock grassland, which is now rare in the Mackenzie Basin and
supports an unusually diverse insect fauna. Moa bones have been found at this site.
Key areas west of SH8 not adequately protected are:
Land immediately west of SH8

Mackenzie Guardians do not support unencumbered freeholding of land immediately
west of SH8. This part of the property is clearly visible from the main highway corridor
and meets the “highest significance” and “high significance” landscape criteria used by
the Department of Conservation to identify SIV’s.

The land has significant landscape and visual values in particular the homogenous cover
of short tussock grassland and grey shrubland over extensive areas of various interrelated
glacial and fluvio-glacial landforms that are distinct and impressive, with high
naturalness and legibility values and a highly memorable sense of openness and
spaciousness.
The area is an “At Risk” Land Environment that still contains a significant presence of
indigenous species representative and typical of this environment that should be
sustained.
To retain the open grassland-shrubland landscape there should be a conservation
covenant to avoid new buildings and the clearance of indigenous vegetation, earthworks,
direct drilling and other soil disturbance, and tree planting; and, to require weed control,
such as of wilding trees.
The Mary Range
Mackenzie Guardians support CA2, the designated 70 ha as shrubland on the northeast
toe slopes of the Mary Range to be restored to or retained in full Crown ownership and
control.
The western slopes of the Mary Range
The proposal fails to protect a large area of land with significant inherent values from
Lake Pukaki to the crest of the Mary Range on its western slopes. This land is a

Mackenzie Guardians submission The Wolds Pastoral Lease March 2011
continuation of the same landscape, which has been recommended for protection on
Simons Pass and makes the same contribution to the natural landscape setting for Lake
Pukaki.

The area is visually important from the Tekapo Canal Road and is distinctive for its
hummocky moraine, dryland habitats and indigenous vegetation.
This area forms part of the largest and most intact sequence of lateral moraine glacial
landforms and associated dryland habitats and plant communities remaining in the
Mackenzie Basin. (N. Head 2007 Pukaki Lateral Moraine Botanical Survey – The
Wolds Unpublished DoC Report.)
A rockland in the central part of the area of moraine retains considerable indigenous
vegetation and is of great botanical importance. DoC (June 2004) “The Wolds
Proposed Designation Report”.
Shrublands of matagouri, small leaved coprosmas, mountain wineberry, porcupine
shrub, climbers and other species are in good condition and provide habitat for several
threatened species including a dwarf broom, coral broom, a bidibid and a mat daisy.
Mackenzie Guardians seek the return of this area to full Crown ownership and control to
protect its significant values including its outstanding glacial landscapes and lakeside
settings. Protection of a larger area will enable natural ecological processes to operate
normally and be able to respond to changes in climate.
On the lower western slopes of the property adjacent to the Lake Pukaki shoreline,
wilding conifers are overwhelming indigenous vegetation and Mackenzie Guardians
request funding for the Department of Conservation to control the spread of wildings in
this area.
Mt Mary – No public access
From the top of the Mary Range (995m) there are spectacular 360-degree views across
the Mackenzie Basin to Lake Pukaki, the Ben Ohau Range and Aoraki. The opportunity
to walk along the Mary Range would provide a real appreciation of the whole Basin, its
structure and vastness, and would create a major recreation and tourism asset.
The whole area can be viewed from the top of the Mary Range so the intactness and
legibility of the whole collection of landforms able to be seen together from east to west
without interruption is an exceptional value.”
(A. Steven Report to DOC 2007).
Mary Burn stream and associated wetlands
The Mary Burn wetland is one of the largest and most important wetlands in the
Mackenzie Basin. Wetlands are important because there are so few remaining, less than
10% in Canterbury. All agencies involved with land management decisions should
promote the protection and restoration of any remaining wetlands. A whole system or
landscape scale approach is required.
Mackenzie Guardians do not support the freeholding of wetland and riparian corridors.
To protect the continuity of riparian shrublands, all of the larger area and the full length
of the Mary Burn stream south of the wetland should become conservation land and part
fenced off to exclude stock, and ensure weeds and pests are managed under a
conservation covenant.

Mackenzie Guardians submission The Wolds Pastoral Lease March 2011
The Mary Burn wetland area includes a wide variety of distinctive habitats for
invertebrates, freshwater fauna and birds.
The dry outwash plain to the north of the wetland area should also be protected as a
natural feature with a naturalistic vegetation cover, as its juxtaposition with the wetlands
and the tussock and shrub covered moraine is a startling natural feature seen from the
Canal road.
Public access should also be provided to the proposed Mary Burn Wetland scientific
reserve to view the wetland and bird life.

Summary
High country landscapes are a national taonga (treasure). They are important to all New
Zealanders.
Many of the remaining less-developed grasslands of the Mackenzie Basin are
significant, especially the plant and animal communities of extensive, largely
undeveloped landform sequences remaining to the north and east of Twizel. These
areas meet all PNAP and Canterbury Regional Policy Statement criteria for significance,
are present on land environments that are distinctive and mainly or wholly confined to
the Mackenzie Basin, almost entirely comprise naturally rare ecosystems (National
Priority 3) and wetlands (National Priority 2), and are the last remaining habitats of some
of New Zealand’s most endangered plant, bird and freshwater fish species (National
Policy 4). Their irreplaceability and extreme vulnerability to ongoing loss makes
protection a priority using international criteria.
(Dr Susan Walker, evidence to Upper Waitaki Hearing Para 90).

Tenure Review should seek to maintain and enhance natural landscape values and
protect significant native vegetation. Habitats for threatened species should be protected
and enhanced.
As the preliminary proposal substantially fails to provide for landscape and ecological
protection and recreational opportunities, tenure review should be halted and the
property remain as a pastoral lease.

I hope that this email finds you and your family and friends well and ok. I know this is not the perfect time to be doing submissions or water stuff, but water matters and Land Tenure Review matters in the Mackenzie are not going to stop because of our situation in Christchurch.

This is really really important if you value your lake fronts to be free of private houses.
THE WOLDS SUBMISSION CLOSES 4 March 2011, so please do it NOW!
MARYBURNS STATION SUBMISSION CLOSES 15 March

When you drive from Tekapo to Lake Pukaki, over the canal past the Tekapo Military Camp, all that beautiful tussock land on your right, stretching to the shores of Lake Pukaki is wanting to be freeholded by the Maryburns Station and the Wolds Station. This means that all this beautiful tussock land that you see will be cultivated(Green) and Pukaki’s Lakeside developed into smaller blocks of land containing houses. Do we want our lake shores to be built up as they are in Europe? My understanding is that the Wolds and Maryburn are using ‘Getting rid of pine trees’ as a reason to develop the shoreline.

You can make your submission easily by clicking on quick submission at forest and Bird.

http://www.forestandbird.org.nz/what-we-do/campaigns/save-the-mackenzie/mackenzie-quick-submission-form

Love & all the best
Sally

ps You could if you prefer add an address, print a copy of the submission below, sign and send to Tony Sharpe at Darroch Ltd. (address on letter)

SUBMISSION ON PRELIMINARY TENURE REVIEW PROPOSAL FOR
THE WOLDS PASTORAL LEASE
Darroch Ltd
PO Box 143
Christchurch
Attn: Tony Sharpe
Tony.sharpe@darroch.co.nz

Submission
This submission requests that the Preliminary Proposal for the Wolds be withdrawn because it fails to implement the Crown Pastoral Lands Act (CPLA) 1998. The Proposal fails to protect extensive outwash plains, the Maryburn wetland and catchment, parts of the Tekapo River terraces, the slopes of the Mary Range, Paterson Ponds and the triangular block of outwash terrace north of the Tekapo Canal which has been identified as having significant values that warrant protection as public conservation land under the objects of Part 2 of the CPLA.

The proposal fails to protect the Mackenzie’s valued dryland landscapes.
The proposal should be withdrawn and renegotiated to ensure protection of the signficant inherent values (SIVs) and then renotified for public submissions. The renegotiation should be a part of the outcomes of the collaborative planning “Shared Vision” process which the Government has initiated in the Mackenzie.
My submission includes the following points included in the proposed preliminary proposal that do not meet the objects of the Crown Pastoral Lands Act :

ÿ The proposed freeholding of western slopes Mary Range overlooking Lake Pukaki. To fulfil the objects of the CPLA this area and its significant inherent values need to be protected as public conservation land. It is part of the largest and most intact sequence of lateral moraine glacial landforms and associated dryland habitats and plant communities remaining in the Mackenzie Basin.

ÿ Freeholding part of Tekapo River Terraces. The proposed Conservation Area 1 (CA1) needs to be extended to include the additional areas sought by DoC and identified as having significant inherent values to protect all of these, including habitats for threatened plants, lizards and birds and undeveloped river terraces.

ÿ The proposed freeholding of most of the Maryburn wetland and catchment and Maryburn Stream. To fulfil the objects of the CPLA the whole 765 ha. area sought by DoC and Maryburn Stream and its surrounding shrublands needs protection as public conservation land as an extension to the proposed Scientific Reserve.

ÿ Freeholding Southeast Face Mary Range – Landscape Covenant needed. This area has relatively unmodified landscapes with remnant short tussock grasslands and shrublands that are highly visible from a major tourist route. Freeholding with no protection expose these faces to risk of earthworks, new buildings and forestry plantings. A Reserves Act landscape covenant is needed to protect the landscapes associated with remaining indigenous vegetation, the uncluttered open landscape and extensive views.

ÿ Proposed freeholding of Outwash Plain east of Mary Range and SH8 and North Eastern triangle of Unoccupied Crown Land. These areas contain important landscape and conservation values associated with threatened environments, habitats and species and relatively natural open, highly visible landscapes adjoining a major road and tourist route. They have significant inherent values which deserve protection as conservation land.

ÿ To ensure secure public access and public enjoyment I ask that there be public access to Mt Mary from SH 8 as well as public access along the track from the Pukaki Canal over the existing farm track that lies on The Wolds. It is a key recreation route and Mt Mary has panoramic views overlooking Lake Pukaki.

ÿ The extensive freeholding will not promote ecologically sustainable management. Continued grazing and pastoral intensification of wetlands, short tussock grasslands, shrublands and other communities with SIVs will degrade their healthy functioning and replace indigenous vegetation and habitats with exotic grasses.

ÿ Cultivation of large areas of land to be freeholded on The Wolds will have an irreversible effect on the landscapes and ecology of the middle Mackenzie Basin.

ÿ The Crown should ensure DOC is adequately funded to control the wilding pines that the lessee has abandoned.

We do not have a vision for the Mackenzie Country area. At the moment it is being carved up piece by piece under tenure review. The government has signalled we do not have the funds to continue to acquire land for the Conservation estate so let’s leave things the way they are and stop the tenure review process.

Mackenzie Guardians urge the government to place a moratorium on tenure review and discretionary consents under the Crown Pastoral Lands Act (1998) and formulate a long-term vision for this unique area. Much of it is still Crown Land and the people of New Zealand should have a say in what happens here. At stake are our billion-dollar tourist industry, our iconic tussock views, unique bird life and 64 endangered plants threatened by proposed intensive agricultural development and the cubicle dairy proposals.

The region is a major source of New Zealand’s hydroelectricity generation. Our electricity generation could be threatened by the proliferation of weeds in Lake Tekapo as a result of proposed intensive farming. Much of this land is of marginal value under traditional farming practice hence the pressure for intensive irrigation. The process of tenure review is spearheading these changes and we need to reconsider the tenure review process itself.

Mackenzie Guardians are concerned that Minister Nick Smith and his colleagues appear to be preventing the Department of Conservation from undertaking its statutory responsibilities i.e. tasks that the public via parliament have agreed it should do (e.g. via the Reserves Act regarding protection of representative landscapes and ecosystems; the Crown Pastoral Lands Act (CPLA) and government policy for pastoral leases; the Conservation Act and Canterbury Aoraki Conservation Management Strategy).

However Mackenzie Guardians agree with Dr Smith that last weekend’s Mackenzie Symposium was “very timely” and that the adversarial approach through litigation is not the way forward to safeguarding this iconic environment. We support a collaborative approach but this needs to be a true collaboration of all stakeholders.

Dr Smith said that there should be “strong scientific underpinning” to any solutions. Mackenzie Guardians believe that a moratorium on tenure review and discretionary consents under the Crown Pastoral Lands Act (1998) would give the opportunity for more scientific assessment of the effects of land use changes on the fragile and unique tussock landscapes and grasslands of the Mackenzie Country. This is a heritage that belongs to all New Zealanders and future generations.

Mackenzie local Ron Blackstock at the recent Mackenzie Symposium. He asked Richard Peacock, director of two of the applicant companies, Southdown Holdings Ltd and Williamson Holdings Ltd, who was explaining his proposed cubicle farming what he would do if 7 metres of snow fell on his cubicle cows as happened on his family run when he was a boy and there was snow on the ground for months.

Cubicle dairy farming resource consent applications have been made in respect of three locations: Ohau Downs (Five Rivers Ltd), Glen Eyrie Downs (Southdown Holdings Ltd), and Killermont Run (Williamson Holdings Ltd). In fact, only the effluent discharge consent applications of the cubicle farming proposal, have been called in by the government. The water take consents are still proceeding, and land use consents have already been granted, although they are being judicially reviewed by the Environmental Defence Society (EDS). We may know the answer quite soon: Gary Taylor from the EDS says he is seeking a priority fixture.

30 May 2003 and 3 April 2006, on Labour’s watch, the Land Information New Zealand made these former pieces of Crown pastoral land freehold and they are now the subject of Southdown Holdings’ and Williamson Holdings’ cubicle dairy farming applications.
Ohau Downs does not seems have been given much protection, notwithstanding its close proximity to Lake Ohau and the Ohau Snow Fields whose operator and owner Mike Neilson, fears the impact of this landscape change on their tourism.

Green is Ohau Downs owned by Five Rivers and Blue Is Glen Eyrie Downs Owned By Southdown Holdings.

The tenure review process is governed by the Crown Pastoral Land Act 1998. It’s a trade off: pastoral lease holders, who would otherwise have had exclusive pastoral farming rights and a perpetual right of renewal, restore some land to Crown ownership for conservation purposes; in return, they get freehold title to the remainder, with or without conditions. It comes at a cost to both parties, over and above any financial cost: the farmer loses land; the Crown gives up its right to manage what has been relinquished.

But the Crown need not give up its rights entirely, and it’s not at all clear from the terms of the Act that it should. The Act puts a heavy emphasis on ecological sustainability. The objects of the tenure review process are said to be:

To promote the management of reviewable land in a way that is ecologically sustainable.
To enable reviewable land capable of economic use to be freed from the management constraints resulting from its tenure, but only subject to that first objective.

While land is Crown pastoral land, consent is required for farming activities (cultivating, cropping, top dressing, burning off, and so on). Upon tenure review, the Act provides for ongoing protective mechanisms, for example under sections 40 and 97, to protect any significant inherent value of the land concerned, or its management in a way that is ecologically sustainable.

Here are the substantive proposals adopted by LINZ for Quailburn and Killermont. They were subject to only basic constraints – nothing of the above kind in either case. We’re seeing the results of that now in this push for intensive development of land bordering internationally significant bird breeding sites.

Symposium Partiicipants check out the landscape restoration and biodiversity at the Lake Tekapo Scientific Reserve

As Jim Morris said “The greatest stakeholders are our grandchildren.”
Lets us not lose sight of this and have robust dialogue about all the implications of proposed changes to the water assets and crown land that we all have a stake in.

Transcripts of all the papers given at the Symposium can be found on the Environment Defence Website. (follow the link in our links section )

The Mackenzie Guardians recently met with officials of Land Information NZ (LINZ) in Christchurch as we are concerned at the growth of intensive farming in the Mackenzie Basin and the impacts on the Mackenzie’s distinctive landscapes, waterways and unique indigenous ecology.

LINZ administers Crown pastoral land in NZ. The aim of the meeting was to seek clarification on how areas of Crown land with ‘significant inherent values’ are being protected. We wanted a clearer understanding of the processes and the effectiveness of current management regimes. We note that Government Policy 2009 states as an objective that stewardship of pastoral land is to ensure that “pastoral and inherent values, including the natural character of lakesides and landscapes, are maintained and protected” (10.1.2 ) . The Guardians recognise this policy applies to LINZ management of the leases, such as in monitoring and in considering discretionary consents. We are interested in management of the leases as well as in tenure review.

We were alarmed to learn that everything seems to depend on the Department of Conservation and are concerned at the gaps in the process. What happens if DOC does not make an adequate recommendation? There appears to be no appeal processes. At the moment it is death by a 1000 cuts and there is no overall big picture in the tenure review process or sustainable vision for the future.

Speights just did a beer advertisement billboard with a photograph of the Lindis Pass and the slogan “We are as proud of our view as we are of our beer. Sunset on tussock” but not for much longer unless we make it very clear to the Government we love the Mackenzie Country as it is. We believe It is up to the Government to provide leadership for policy change in this situation.