This page created 18 November 2003
Po 290
Old Man Range
Otago Land District
Tenure review not approved by Commissioner of Crown Lands
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Monday, 17 November 2003
Commissioner of Crown Lands
c/- DTZ New Zealand Ltd
P O Box 27
Alexandra
Fax (03) 448 9099
Submission on Preliminary Proposal Silverbirch Tenure Review
Public Access New Zealand wishes to comment on the following aspects of the proposal:
The Commissioner of Crown lands has a duty under the Crown Pastoral Land Act 1998, s 24(c)( i ), to secure public access to and enjoyment of reviewable land.
The whole property is proposed for freeholding subject to a conservation covenant. One of its terms is to provide "freedom of access on foot only for the benefit, enjoyment and recreational use of the land". This is via a defined access strip from a road formation to a covenanted patch of silver beech. However the road formation is not a surveyed alignment and may not be public road. There is a legal road in the vicinity, however the proposed access strip does not connect to this. Therefore, unless it can be determined that the formed road is legal road, the access will be 'internal' with no means for the public to reach it. Therefore the CCL will fail to discharge his duty to secure public access.
This situation must be rectified, not only for the property in question, but to secure public access to the much larger adjoining Mt Benger block recently purchased by DOC from the same owner. Anything less than rights of vehicle access at all times would be inadequate.
We submit that unless all the formed road within the area subject to this proposal is confirmed to be legal road, or alternatively is dedicated as legal road, then this proposal not proceed. There are no obligations on the Crown to proceed with unfavourable tenure reviews. Conversely there is an obligation to comply with the Act's requirements.
Yours faithfully
Bruce Mason
Researcher.