Thursday, April 25, 2024

Change to Crown pastoral leases

Neal Wallace
Further changes to pastoral leases have been announced by the Government though a change to the way rents are set has been ruled out.
Reading Time: 2 minutes

Last week the Government announced an end to tenure review but today released a consultation paper on the management of Crown pastoral leases which sets out new management expectations, tougher rules on discretionary consents and new fees and charges.

Following 21 years of tenure review – in which lessees could negotiate the freehold of part of their lease while surrendering areas of conservation value – the number of leases has fallen from 303 to 171 covering 1.2 million hectares.

Land Information Minister Eugenie Sage says while tenure review has seen 302,000ha protected, another 345,000ha has been privatised and large areas intensively farmed or subdivided.

A former Royal Forest and Bird employee who criticised management of the high country, Sage was unequivocal about her intentions.

“This Government will stop privatisation of iconic landscapes that belong to New Zealanders and secure them for future generations.”

The end of tenure review will increase the protection of natural and cultural land values on remaining leasehold land while providing for pastoralism, she said.

It also sends a clear message of the Crown’s commitment to ongoing ownership and stewardship of the land.

The Land Information discussion document says tenure review was introduced to end the Crown’s involvement as a landlord but the process was slow.

On average a lease took four years to process with some taking up to 20 years while conservations say it did not take adequate account of environmental concerns or public access.

Lessees have a perpetual 33-year leases that give them exclusive access, the right to pasturage and a right to quiet enjoyment.

They own any improvements to the land, such as buildings and fences, fertiliser and soil quality but require discretionary consents from the Commissioner of Crown Lands to disturb the soil, burn vegetation or increase stock numbers.

LINZ proposes new management guidelines for Crown pastoral land to ensure stewardship protects natural landscapes, indigenous biodiversity, cultural and heritage values.

“This will change the way that statutory decisions are made by the commissioner and how Crown pastoral land is managed,” Sage said.

The paper says stakeholders do not feel the commissioner is accountable and the Minister of Lands has no effective way of signalling priorities for managing Crown pastoral land.

The recommendation is that the commissioner develops regular performance expectations approved by the minister.

Similarly, it wants greater transparency about discretionary consent decisions for lessees and other interested parties including changing the criteria the commissioner must meet when considering consent requests.

It says stakeholders view the existing process as focused on farm viability.

“This would introduce an explicit hierarchy for decision-making which prioritises natural capital and heritage and cultural values.”

The commissioner would be able to make consents conditional on mitigation, avoidance and or remediation activities and be required to obtain expert advice including from the Department of Conservation.

Monitoring of leases will also be done more regularly.

Finally, the Government is proposing charging fees for more activities including discretionary consent applications.

Sage says, after public consultation the Government will develop and introduce legislation to amend the Land Act and the Crown Pastoral Land Act.

“The changes needed to implement a stronger stewardship regime for Crown pastoral land can only be achieved by changing the law and in partnership with iwi, leaseholders who use the land and the wider public,” she says.

“It’s vital we ensure that our high-country pastoral leases are managed in the best interests of all New Zealanders, now and into the future.”

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