Tenure Review
Update on Tenure Review
At present our branch is preparing early reports on two leases in our area. Apart from that the Tenure Review process has slowed down considerably. This is due to many reasons as anyone reading the newspapers, or is listening to the other media, will fully understand. While the subject gets somewhat emotional at times the fact that it is coming more into the open and more facts and figures are becoming available to the public will be beneficial long term. There will be considerable interest in the report to Parliament being prepared on the process by the Parliamentary Commissioner for the Environment; also as to how the report on valuation methods is handled.
When we look back over the 150 years of pastoral farming in New Zealand two very important issues concerning our land and resources stand out that in the beginning were never even thought of; but today are fully recognised and efforts are now being made to rectify these past omissions.
The first is that we as a country have now come to fully appreciate that we have in our country considerable biodiversity that is unique in the world and to New Zealand alone. We owe it to ourselves and to the rest of the world to make every endeavour to protect as much of what is left as we can.
The second is that in the beginning no provision was ever made for such things as national parks and conservation areas; areas where people can recreate in various ways and wander at will enjoying the unfettered freedom and benefits these parks allow.
Tenure review of pastoral leases is the most important remaining opportunity we have to make good these shortcomings of the past and the public can participate in no small way by making submissions at the appropriate time.
Although it is voluntary to them, farmers have to make adjustments if they participate. While causing considerable debate in some circles as to the recompense being paid to some farmers in the process, we must all realise that while some circumstances have changed the methods being used are part of the land laws of this country - while not perfect, laws that have been arrived at by due and proper processes.
When we look back over the 150 years of pastoral farming in New Zealand two very important issues concerning our land and resources stand out that in the beginning were never even thought of; but today are fully recognised and efforts are now being made to rectify these past omissions.
The first is that we as a country have now come to fully appreciate that we have in our country considerable biodiversity that is unique in the world and to New Zealand alone. We owe it to ourselves and to the rest of the world to make every endeavour to protect as much of what is left as we can.
The second is that in the beginning no provision was ever made for such things as national parks and conservation areas; areas where people can recreate in various ways and wander at will enjoying the unfettered freedom and benefits these parks allow.
Tenure review of pastoral leases is the most important remaining opportunity we have to make good these shortcomings of the past and the public can participate in no small way by making submissions at the appropriate time.
Although it is voluntary to them, farmers have to make adjustments if they participate. While causing considerable debate in some circles as to the recompense being paid to some farmers in the process, we must all realise that while some circumstances have changed the methods being used are part of the land laws of this country - while not perfect, laws that have been arrived at by due and proper processes.
Tenure Review
Upper Clutha Branch of Forest and Bird covers the area from the Alexandra basin north to take in both the Upper Clutha and Wakatipu basins. Most of the higher country surrounding these basins is, up until recently, held in Crown Pastoral Lease. That is, the land is leased to farmers for pastoral purposes, mainly the depasturing of sheep and cattle. The farmer has the perpetual right of renewal of theses leases which entitles him, or her, the pasturage on the land and the exclusive right of occupancy to the land described in the lease. Any other uses, such as tourism or forestry the Commissioner of Crown Lands consent is required. His consent is discretionary.
As from the 1948 Land Act and more recently the Crown Pastoral Land Act of 1998 the opportunity has been given to the farmers to obtain freehold title to some of the land that is more ecologically sustainable, and the land that has significant inherent values in its landscape, flora and fauna is returned to the Crown for protection, and then administered by the Department of Conservation. This process of the separation of the land is known as 'Tenure Review'. The process is purely voluntary; the farmer initiates it and may pull out at any time.
As Forest and Bird is greatly interested in conservation in all every respect we in Upper Clutha Branch have become very much involved in the process.
One very important function of the Tenure Review process as prescribed in the Act is to 'Make easier - The securing of public access to and enjoyment of reviewable land. Access for walking, mountain bikes, horses and 4WD vehicles is sort but not always obtained'. It is very important in this respect that the public do make their wishes known to the authorities during the process as after the process is completed the opportunity is lost.
The CPL Act 1998 requires that the Commissioner of Crown Lands must consult with the Director General of Conservation. He may if he thinks fit also consult with any person or groups of persons. For our branch this usually means attending meetings together with other non government organisations, (generally known as NGOs) called by the Department of Conservation, to discuss the various properties as they come into the system.
After these meetings the branch wherever permission is given endeavours to inspect the properties and report back to the Department of Conservation our thoughts on the various issues which in turn reports to the CCL.
During the whole process the land, exclusive of improvements, is valued. Some times the Crown is required to pay the farmer, and sometimes the farmer is required to pay the Crown.
The Commissioner discusses the various issues raised by the Department of Conservation and the NGOs with the lessee of the land and a 'Preliminary Proposal' is drawn up.
This preliminary proposal is then publicly advertised in a provisional daily paper and public submissions are invited.
At this stage the branch again makes and inspection of the property concerned. We endeavour to work in with out Southern Field Officer and other NGOs in this process. This does in most cases involves a certain amount of tramping, photography and some nights away in huts, or on occasions in tents.
Any person, or group of persons, may also make a submission on the proposal. These are then analysed and alterations may be made to the proposal. If the farmer is agreeable to any changes then a 'Substantive Proposal' is drawn up and signed - this is the final disposition of Crown Pastoral land - the lease ceases to exist. After that the land is surveyed and freehold title is given to the farmer to farm as he sees fit; subject to the RMA and any District or Regional Plans.
The Dept of Conservation takes on the administration of the land it has been allocated and administers it on behalf of the people of New Zealand under the Conservation Act of 1987 and in accordance with the Management Strategies and various Management Plans required by that Act. It then erects signs, styles over fences and marks out routes on the land for the 'People to Enjoy'
It is important to remember that the Department of Conservation is required to revise its Management Strategies every ten years and the various Management Plans as required. This is where the public at large is able to have a say in how their land is administered. The Upper Clutha Branch of Forest and Bird often makes submissions to the Department in this way.
Recent figures (and they must be regarded as approximate as they are changing all the time, as farmers some come in and some go out of the process) regarding the outcomes of the system show that of 304 leases; 29 have been completed, 163 are in the process and 112 are not in the process - of the latter some may never come in. The Government stated in February of last year that they would continue being a lessor of Crown land indefinitely so this may make the future more certain for some farmers.
As from the 1948 Land Act and more recently the Crown Pastoral Land Act of 1998 the opportunity has been given to the farmers to obtain freehold title to some of the land that is more ecologically sustainable, and the land that has significant inherent values in its landscape, flora and fauna is returned to the Crown for protection, and then administered by the Department of Conservation. This process of the separation of the land is known as 'Tenure Review'. The process is purely voluntary; the farmer initiates it and may pull out at any time.
As Forest and Bird is greatly interested in conservation in all every respect we in Upper Clutha Branch have become very much involved in the process.
One very important function of the Tenure Review process as prescribed in the Act is to 'Make easier - The securing of public access to and enjoyment of reviewable land. Access for walking, mountain bikes, horses and 4WD vehicles is sort but not always obtained'. It is very important in this respect that the public do make their wishes known to the authorities during the process as after the process is completed the opportunity is lost.
The CPL Act 1998 requires that the Commissioner of Crown Lands must consult with the Director General of Conservation. He may if he thinks fit also consult with any person or groups of persons. For our branch this usually means attending meetings together with other non government organisations, (generally known as NGOs) called by the Department of Conservation, to discuss the various properties as they come into the system.
After these meetings the branch wherever permission is given endeavours to inspect the properties and report back to the Department of Conservation our thoughts on the various issues which in turn reports to the CCL.
During the whole process the land, exclusive of improvements, is valued. Some times the Crown is required to pay the farmer, and sometimes the farmer is required to pay the Crown.
The Commissioner discusses the various issues raised by the Department of Conservation and the NGOs with the lessee of the land and a 'Preliminary Proposal' is drawn up.
This preliminary proposal is then publicly advertised in a provisional daily paper and public submissions are invited.
At this stage the branch again makes and inspection of the property concerned. We endeavour to work in with out Southern Field Officer and other NGOs in this process. This does in most cases involves a certain amount of tramping, photography and some nights away in huts, or on occasions in tents.
Any person, or group of persons, may also make a submission on the proposal. These are then analysed and alterations may be made to the proposal. If the farmer is agreeable to any changes then a 'Substantive Proposal' is drawn up and signed - this is the final disposition of Crown Pastoral land - the lease ceases to exist. After that the land is surveyed and freehold title is given to the farmer to farm as he sees fit; subject to the RMA and any District or Regional Plans.
The Dept of Conservation takes on the administration of the land it has been allocated and administers it on behalf of the people of New Zealand under the Conservation Act of 1987 and in accordance with the Management Strategies and various Management Plans required by that Act. It then erects signs, styles over fences and marks out routes on the land for the 'People to Enjoy'
It is important to remember that the Department of Conservation is required to revise its Management Strategies every ten years and the various Management Plans as required. This is where the public at large is able to have a say in how their land is administered. The Upper Clutha Branch of Forest and Bird often makes submissions to the Department in this way.
Recent figures (and they must be regarded as approximate as they are changing all the time, as farmers some come in and some go out of the process) regarding the outcomes of the system show that of 304 leases; 29 have been completed, 163 are in the process and 112 are not in the process - of the latter some may never come in. The Government stated in February of last year that they would continue being a lessor of Crown land indefinitely so this may make the future more certain for some farmers.