Clutha River Guardian

River Park Sale Agreed

2015-04-11T09:42:00.002+12:00

River Park sale agreed
Saturday 11 April 2015
Otago Daily Times

Contact Energy and the Red Bridge River Park Trust have agreed on sale conditions for a parcel of Luggate land sought by the charitable trust to develop a community river park.

The resolution follows more than a year of discussions between long-term tenant of the land and trustee Lewis Verduyn-Cassels and Contact over the proposed sale of the 0.4ha property.

Mr Verduyn-Cassels said the trust was grateful for the support of the Wanaka Community Board and the many donors who had made the project possible.

As the original proposal for the river park included neighbouring land that was sold to other individuals, the trust would look at revising the project plan to reflect the changed ownership.

As part of the agreed sale process, the trust will pay a portion of the market sale price of the land up front and further settlement is due within the next five years.

Contact is also finalising arrangements to gift a separate 1.9ha block of land next to the Luggate Bridge to the local community, most probably through the Queenstown Lakes District Council.

Contact has been progressively selling parcels of land it owns in the Clutha region in recent years, following an announcement in 2012 that it was no longer going ahead with a proposed hydro generation development in the area.

Contact And Trust Reach Agreement

2015-04-09T14:30:00.000+12:00

Contact and River Park Trust pleased to reach agreement
Thursday 9 April 2015
www.scoop.co.nz

Contact and trustees for The Red Bridge River Park Trust this week have agreed sale conditions for a parcel of Luggate land sought by the charitable Trust to develop a community river park involving native fauna and flora restoration and freshwater ecology. The positive resolution follows over a year of discussions between long term tenant of the land and trustee Lewis Verduyn-Cassels and Contact over the proposed sale of the 0.4 ha property.

“We’re very pleased to reach an agreement that enables both parties to move forward positively, with the Trust able to now explore its plans to develop the community river park,” says Contact’s Generation & Development Project Manager, Neil Gillespie.

“We are grateful to the many people behind the scenes who have contributed their support to this agreement. The Wanaka Community Board, and numerous donors, have all made this project possible,” said River Park Trustee, Lewis Verduyn-Cassels.”

“As the original proposal for the river park included adjacent land that was sold to other individuals, the Trustees will be looking at revising the project plan to reflect the changed ownership. We literally have decades of work ahead of us as we progressively restore and enhance the Red Bridge area.”

As part of the agreed sale process the Trust will pay a portion of the market sale price of the land up front, with further settlement due within the next five years. Separate to the sale to the Trust, Contact is in the process of finalising arrangements to gift a 1.9 ha block of land adjacent to the Luggate Bridge to the local community, most likely through the Queenstown Lakes District Council.

Contact has been progressively selling parcels of land it owns in the Clutha region in recent years, following an announcement in 2012 that it was no longer progressing a proposed Hydo generation development in the area.

About Red Bridge River Park Trust
The purpose of the Red Bridge River Park Trust is to create and manage a river park and native recovery centre on riverside land at the Luggate Red Bridge, on the Clutha Mata-Au River, for the benefit of the community in perpetuity.
www.redbridgeriverpark.blogspot.co.nz

'Good progress' in talks on riverside land

2015-01-30T08:11:00.003+13:00

'Good progress' in talks on riverside land
By Lucy Ibbotson, on Friday 30 January 2015
Otago Daily Times

An agreement over the future of a piece of riverside land near Luggate wanted for a conservation park is still several weeks away.

Negotiations have been ongoing for almost a year between Contact Energy, the owners of a 0.4ha site next to the Clutha River at the Luggate Red Bridge, and Lewis Verduyn-Cassels, who established the Red Bridge River Park Trust to help realise his vision for a community conservation area on the land.

The trust was given several extended deadlines to raise $300,000 to buy the land, before entering into private discussions with Contact towards the end of last year.

Contact's trading, development and geothermal resources project manager, Neil Gillespie, said this week the power company was ''still talking'' with Mr Verduyn-Cassels.

''We're making good progress.

''In the next three to four weeks we should be closer to knowing where we're at.''

Cycleway Talks With Landowners Start

2014-11-21T08:36:00.002+13:00

Cycleway talks with landowners start
By Mark Price, on Friday 21 November 2014
Otago Daily Times

Discussions are under way between the Upper Clutha Tracks Trust and about 20 landowners along the Clutha River over the possible route for a cycleway linking Wanaka and Cromwell.

Trustee Tom Rowley told the Otago Daily Times this week the trust had received funding from the Central Lakes Trust to carry out a feasibility study into extending by about 45km the existing river track, which ends at Luggate at the Wanaka end and Lowburn at the Cromwell end.

''At the moment we are trying to meet as many of the landowners as we can and talk it through with them. That's a bit of an involved process, really.''

Mr Rowley said discussions were going ''pretty well''.

''For the most part, we are getting a very good reception from the landowners but we have got a few to work through yet.''

Mr Rowley said some landowners already had a plan for the cycleway through their properties when the company carrying out the feasibility study arrived.

''I've been warning [landowners] that we are wanting to meet with them and they have had time to think about it. So, some of them have been outstanding really.''

Mr Rowley said the track would be fenced where necessary.

The intention was to ensure the track required as little maintenance as possible.

''It's a big factor in what we are trying to do.''

He expected it would take ''a lot of money'' to build the track and it would probably be built in stages.

Purchase Good Despite Shock Cost

2014-10-01T09:56:00.000+13:00

Purchase 'good result' despite shock cost
By Marjorie Cook, on Wednesday 1 October 2014
The Southland Times

After lengthy secret negotiations, the Department of Conservation yesterday announced the Nature Heritage Fund had spent $935,000 on 164ha of Contact Energy land near the Luggate Red Bridge to add to the public conservation estate.

Emeritus professor of botany Sir Alan Mark, of Dunedin, welcomed the purchase as significant but questioned whether taxpayers should have had to pay that much.

"The sum involved of $935,000 sounds a lot to me.

"That must be current land valuations . . .

"The end result is good but the means still leaves a lot to be required," Mark said.

Many other people signed an open letter to Contact Energy recently, suggesting that, among other things, it could discount the purchase price because of the substantial profits the company had made from electricity developments on the Clutha River.

The announcement was still pleasing and he was surprised it had not been made by the minister of conservation before the election.

"It is certainly quite a significant area and there are no doubts it has very high conservation values," he said.
DOC's Wanaka conservation services manager Chris Sydney said getting the land was a great outcome for conservation.

"The Upper Clutha Basin is recognised as an outstanding natural landscape with biodiversity features of national, regional and local importance," Sydney said.

The Nature Heritage Fund purchase was for some but not all of the properties Contact Energy decided in 2012 it no longer required for dam building. Some sites have significant historical or recreational value while others have important biodiversity values.

Sydney said the combined values of the land meant they were considered to be of national importance.

The properties provided river access and included significant river terraces and dryland vegetation.

Eight threatened and uncommon plant species and several historical features were contained on the land.

The sites also had high strategic value next to marginal strips along the Clutha/ Mata-Au River, Sydney said.

FAST FACTS
The Nature Heritage Fund is a contestable ministerial fund that seeks to protect New Zealand ecosystems.
It has received 1352 applications since its inception in 1990, protecting 340,780 hectares of indigenous ecosystems.
It has spent $158.45 million so far (about $465 per hectare).
Source: 2013 DOC annual report

SPECIAL STATUS
Where: 13km east of Wanaka, on the true left of the Clutha River.
What is protected: goldmining archaeological sites, dry-land terrace vegetation, and a "national critical" ecosystem.
Endangered plants include: Annual forget-me-not (Myosotis brevis, status – nationally vulnerable), mousetail (Myosurus minimus ssp novae-zelandiae, status – nationally endangered), Olearia lineata (status – declining), and Cushion pimelea (Pimelea sericeovillosa ssp pulvinaris, status – declining).

Cromwell Could Become A Cycling Hub

2014-08-08T08:30:00.000+12:00

Cromwell could become a cycling hub

By Lynda van Kempen, on Friday 8 August 2014
Otago Daily Times

Cromwell could become ''the hub'' of new cycle trail networks if a proposed Luggate to Cromwell trail is successful, the trail promoters say.

The Upper Clutha Tracks Trust was given a grant of $25,000 by the Central Lakes Trust this week for a feasibility study into the proposed 40km trail.

Tracks trustee and treasurer John Wellington said the proposed trail would connect the Upper Clutha trail network to Cromwell and tie in with the wider Central Otago cycle trail network.

It would link with the proposed Cromwell to Gibbston trail and the proposed Cromwell to Clyde one as well, he said.

''Bit by bit, various groups have taken up the challenge of forming trails along the Clutha River and we're working our way towards Cromwell,'' Mr Wellington said.

When the proposed trails were completed, Cromwell would be the ''hub'' of the new trail network, he said.

The Luggate to Cromwell trail was mostly within the Central Otago district, on the true right of the Clutha River, and he believed the feasibility study would show it was ''do-able''.

''Then it will be a matter of getting other parties on side, talking to adjoining landowners and starting fundraising.''

The aim would be to have the trail on public land where possible, but some of the route would cross private land, so the trust would have to canvass landowners and negotiate with them.

Mr Wellington said the feasibility study could be completed by November and would include estimates of the trail cost.

''It's a longer trail than we've built previously, but it won't have much in the way of structures, so that will make it cheaper, but we really don't even have a ballpark figure at the moment.''

Unlike the trails on the ''Great Rides'' national cycle network, part-funded by the Government, this trail would have a ''lower scale finish'' and was likely to be 1.5m wide, narrower than trails on the national network, which were 2.5m to 3m wide. That would make it cheaper to develop.

''As soon as the feasibility study gives the green light, we'd look at getting it under way, maybe doing it in stages if we need to,'' Mr Wellington said.

Among the other grants by the Central Lakes Trust in its latest round of funding were $1500 for the Wanaka Preschool Early Childhood Centre, for two additional shade sails, and $4750 to the Drybread Cemetery Trust for a new concrete burial strip for headstones and the creation of 40 new graves. The Alexandra Musical Society was also granted a guarantee against loss of $7500 to enable it to stage the musical All Shook Up next month.

Conservation Group Aims To Build Unity

2014-08-02T10:36:00.000+12:00

Conservation group aims to build unity

By Mark Price, on Saturday 2 August 2014
Otago Daily Times

A task force has been set up in Wanaka to create more co-ordination and collaboration between the dozens of groups each working on their own conservation projects.

Chairwoman of the newly formed Upper Clutha Conservation Taskforce, Megan Williams, this week told the Otago Daily Times the task force was the result of a public meeting in May held as part of the region's Shaping our Future process.

It was attended by various conservation groups ''just to try and get some vision and strategy around what people were doing and encourage more collaboration'', Ms Williams said.

Data collected from the meeting was being developed into the task force's terms of reference, and a ''draft vision'' was being formed using existing material as a starting point.

''We're just trying to think long-term and lead the groups to develop a shared vision,'' Ms Williams said.
Butterfields Wetlands next to the Hawea River, near Albert Town, had three different conservation groups working on it, ''which haven't actually agreed on what they want the place to look like in the future''.

One group was planting trees and another was planning to build a track.

There were also five groups working in the Matukituki Valley and ''they haven't really been collaborating''.

''So I believe since the meeting in May a group of them have got together ... It's just encouraging a little bit more collaboration there to get more done.''

Long term, everyone agreed on the need for ''pristine water and pristine air'', Ms Williams said.
But the question was how to ensure those things were achieved.

Asked about the prospect of another 1400 woodburners being installed in the proposed Northlake subdivision of Wanaka, Ms Williams said the task force would ''try and stay out of the political process at that level and really try to stay big-picture on conservation issues''.

''All we are looking at doing is leading a discussion with the Upper Clutha groups to develop a shared vision so that everyone can work together.''

It was hoped to have a conservation strategy prepared before the end of the year.

Already it seemed clear more water, soil and air monitoring needed to be undertaken.

''Whether that's done by volunteers or whether we do that by lobbying the local authorities - that's the type of action we will be hoping for.''

Data was needed to establish ''base lines, so that we know where we are at'', Ms Williams said.

The task force would not be taking over the roles of other conservation groups but would be complementing what they did.

Ms Williams, originally from Dunedin, has a background in tourism, and teaches sustainable tourism at the Queenstown Resort College.

The members of the task force are: John Wellington, Robbie Lawton, Anne Steven, Andrew Penniket, Calum MacLeod, Natalie Astin, Alexa Forbes and representatives from the Lake Wanaka Guardians and Department of Conservation.

Court Cancels Enforcement Order

2014-03-29T09:11:00.000+13:00

Court cancels enforcement order; farmer can resume cultivation
By Lucy Ibbotson, on Saturday March 2014
Otago Daily Times

A Hawea Flat farmer can continue cultivating his land after an Environment Court ruling found in his favour yesterday.

The court cancelled an interim enforcement order which had stopped Dougal Innes from carrying out any further vegetation clearance or discing on his property next to the Clutha River since March 3.

The case was brought by the Royal Forest and Bird Protection Society of New Zealand, which said significant native vegetation was being destroyed by the cultivation work.

Resource consent should have been required under the rules of the Queenstown Lakes District Council's district plan, the society said.

In delivering his finding verbally yesterday following a four-day hearing in Queenstown, Judge John Hassan said continuation of the interim order would serve ''no valid resource management purpose''.

Mr Innes could resume developing the area of land he had already cleared and disced, as it was unlikely any indigenous vegetation - as defined by the district plan - remained or could be recovered. [Editor's note: on the contrary, the evidence showed significant indigenous vegetation had survived the discs on the lower terrace, which would recover.]

It was unlikely the district plan would be breached by any further disturbance.

But the court found clearance of indigenous vegetation on the as-yet-uncultivated remaining land would be a restricted discretionary activity.

Mr Innes could not cultivate that area without first getting resource consent, if his proposed activity required it.

The court was satisfied Mr Innes had ''demonstrated at least good intent'', Judge Hassan said.

That was evident in the fact he had not disturbed areas of his land containing historical features while waiting for advice from an archaeological authority and in the patience he had shown during the Forest and Bird legal action.

Forest and Bird had argued environmental effects were the critical consideration, rather than the effects on the parties.

But Judge Hassan said it was relevant to consider financial hardship to a person.

The court considered it unjust to maintain the order for reasons including the ''undue financial hardship'' it would impose on Mr Innes who had acted responsibly and with due diligence before beginning clearance work.

Council officers who advised Mr Innes he did not require resource consent for the activity ''could not be said to have obviously got it wrong either''.

It was ''most unfortunate that due to the council's systems error'' the ecological assessment findings of the property - noting the presence of indigenous vegetation - were not provided.

Mr Innes - who had told the court he invested his family's life savings in the property - expressed relief yesterday, following what he described as a stressful few weeks.

''I'm happy, there's no doubt about that.''

He thanked his supporters, including the large number of farmers who had been present in court throughout the hearing.

Following the decision, Forest and Bird Otago Southland field officer Sue Maturin said a special part of Central Otago had been lost.

''If the Queenstown Lakes District Council had acted to stop the destruction as soon as Forest and Bird alerted it, we may not have lost one of the best and biggest remaining areas of short tussock grasslands, cushion fields, and dry land ecosystems in the Upper Clutha Basin.

''This case highlights the need for councils to be much better at advising landowners about their obligations under district plans; to have clear rules to protect biodiversity; and to strongly uphold the integrity of their plans.''

Forest and Bird would decide on any further action after it had seen the written findings, its lawyer Sally Gepp said.

Ruling Expected Today ...

2014-03-28T08:58:00.000+13:00

Ruling expected today on land-clearance caseBy Lucy Ibbotson, on Friday 28 March 2014
Otago Daily Times

Should farming activities or protection of indigenous vegetation take priority on a contentious piece of privately owned land at Hawea Flat?

That is the question the Environment Court will answer today, in a decision Judge John Hassan says is ''by no means an easy one''.

The ruling could have significant implications for the farming industry if an interim enforcement order issued against farmer Dougal Innes earlier this month is upheld, lawyer Graeme Todd submitted to the court in Queenstown yesterday.

The order was obtained by the Royal Forest and Bird Protection Society of New Zealand, which considers protecting the indigenous vegetation on Mr Innes' land a matter of ''national importance''.

Mr Innes had already disced a large part of the site before his farming activities were halted by the order, which he has applied to the court to have cancelled.

In closing submissions, Forest and Bird lawyer Sally Gepp said the consequences of Mr Innes not being able to cultivate his land this year should not override a clear breach of the district plan, the adverse effects already caused at the site and the further effects which would occur if the order was cancelled.

''Protection of significant indigenous vegetation is a matter of national importance which all decision-makers must recognise and provide for,'' Ms Gepp said.

The most appropriate forum for considering Mr Innes' proposed farming activity was a resource consent process where all parties could have a view on the matter through notification.

''[Mr Innes] is required to seek consent for indigenous vegetation clearance like any other person.''

It was ''not an ex-appropriation of his rights'', but rather a normal and legal application of the district plan.
Mr Todd, who is acting for neighbouring landowner and interested party James Cooper, said the significant question if the interim order was upheld was: which landowner in the district would be next?

''If farmers are required to spend thousands of dollars applying for resource consents for every act of clearance of their land and if their ability to cultivate and farm their land is curtailed by a standard that they are not allowed to clear pasture even if a few indigenous species are present on a site, this has significant implications for the farming industry not only in this region but in other regions.''

Mr Innes' lawyer, Jan Caunter, said Mr Innes had ''asked all of the right questions and sought advice from all the right places'' on matters relevant to buying the property and which might have affected his ability to use it.

''He sought LIM reports which did not alert him to the presence of indigenous vegetation on the site. It did, however, alert him to activities that had previously been approved on the site, which were in many respects similar to what he wished to do,'' Ms Caunter said.

''[He] received what essentially amounted to 'yes, you can go ahead'.''

Federated Farmers lawyer Richard Gardner said because the land had been used for primary production purposes for a long time and cultivated on occasion for those purposes, Mr Innes' claims to existing use rights were ''well founded''.

''There is no basis upon which the interim enforcement order can be sustained ... Mr Innes and the other farmers in the Queenstown Lakes district who are concerned about the implications of the interim enforcement order should be left to go about their lawful farming activities,'' Mr Gardner said.

Further consideration was given to a compromise, as mooted by Mr Todd on Wednesday.

Judge Hassan asked three ecologists - who were appearing for the council, Mr Innes and Forest and Bird - their view on an appropriate width for a possible buffer zone on the southern boundary of Mr Innes' property, to protect indigenous vegetation on neighbouring land owned by Contact Energy.

Their opinions ranged from 20m to 200m.

Land Compromise Raised

2014-03-27T09:29:00.000+13:00

Land compromise raised
By Lucy Ibbotson, on Thursday 27 March 2014
Otago Daily Times

The possibility of a ''compromise situation'' benefiting both sides of a land dispute was raised in the Environment Court sitting in Queenstown yesterday.

Detailed scientific evidence was given by three ecologists on day three of a hearing to consider Dougal Innes' application to cancel an interim enforcement order stopping him from farming his land at Hawea Flat.

The order was obtained by the Royal Forest and Bird Society of New Zealand, which has concerns about the potential loss of important indigenous vegetation on the site, which has already been largely cleared and disced by Mr Innes.

Arrowtown ecological consultant Glenn Davis appeared for the Queenstown Lakes District Council, having surveyed Mr Innes' land as part of an ongoing council project to identify areas of significant indigenous vegetation throughout the district.

During cross-examination by lawyer Graeme Todd - representing neighbouring landowner James Cooper, an interested party in the proceedings - Mr Davis was asked what he believed should happen with the land and whether it should be ''locked up'' in the future from further development.

''I would like to see some effort made to at least restore some of the land or maintain at least some of the disturbed land,'' Mr Davis replied.

Mr Todd said maintaining the interim enforcement order would have ''catastrophic implications'' for Mr Innes, as it would prevent him from gaining any income from the land.

He asked if Mr Davis had therefore considered a ''compromise situation'', where the order would be uplifted and some other means of protection applied.

Mr Davis said he had thought of other options, including leaving aside some of the land that had already been disturbed to provide for a ''sequence of vegetation'' spanning the site from the Clutha River to the upper terraces.

''In doing so, there would need to be some reduction in the area that Mr Innes has available for farming.''

Based on his observations, Mr Davis told the court further physical disturbance of the site would exacerbate the ''significant damage'' that had already occurred, but sowing and irrigating the land, as intended by Mr Innes, would ''fundamentally alter'' the whole site and the important plant communities found there.

The hearing continues in Queenstown today before Judge John Hassan and commissioners John Mills and Ian Buchanan. A decision is expected to be issued verbally by the court today or tomorrow.

The case is attracting a large amount of interest, with members of the farming community present each day in the public gallery and the district's Mayor, Vanessa van Uden, and Waitaki MP Jacqui Dean in attendance yesterday.

Tensions At Hearing

2014-03-26T08:58:00.000+13:00

Tensions at hearing
By Lucy Ibbotson, on Wednesday 26th March 2014
Otago Daily Times

The Queenstown Lakes District Council's level of culpability came under the spotlight yesterday in a land debate pitting farmers against conservationists.

Representatives from both sides packed the public gallery on day two of an Environment Court hearing in Queenstown considering the cancellation of an interim enforcement order against Hawea Flat farmer Dougal Innes.

The order was obtained earlier this month by the Royal Forest and Bird Society of New Zealand to prevent Mr Innes carrying out further native vegetation clearance and discing work on his land next to the Clutha River, which is considered to be ecologically important.

During a break in proceedings, tensions were evident between some of the Upper Clutha farmers and Forest and Bird members.

The council's planning and development general manager, Marc Bretherton, said field notes prepared by the QLDC's ecological consultant identifying the site's conservation values had mistakenly not been provided to the council when Mr Innes sought advice on whether his proposed farming operation would require resource consent.

Mr Bretherton and council planner Ian Greaves subsequently advised Mr Innes it appeared there would be no breach of the district plan.

''Based on the information that council held, there was nothing telling me that he needed a resource consent,'' Mr Bretherton said.

''Certainly, if we'd had possession of that [ecological] information, that would have better informed our understanding of the site ... and we would have been better able to advise Mr Innes.''

Mr Innes was advised obtaining further information himself would ''assist him in determining categorically whether resource consent was or was not required'', Mr Bretherton said.

Mr Greaves said he did not tell Mr Innes to seek additional advice from an ecologist.

However, as it was Mr Innes' obligation to ensure he complied with the district plan rule on indigenous vegetation clearance, it would have been prudent to do so, he said.

''So every time a farmer wants to clear his or her land and they're not sure whether they've got any indigenous vegetation on it, they're going to have to secure the assistance of an ecologist?'' Mr Innes' lawyer, Jan Caunter, asked, to which Mr Greaves replied, ''Yes.''

Both Mr Bretherton and Mr Greaves agreed with commissioner John Mills there was nothing to indicate Mr Innes was ''anything but straightforward'' and had acted on the best information available to him.
Earlier, Mr Mills asked Forest and Bird field officer Jen Miller for her view of the council's response to Mr Innes' inquiries.

''To be frank, if I was Mr Innes I would feel less than satisfied. I think it was not really giving him any direction either way ... Perhaps the council might have been more helpful to him in terms of the information they had available,'' Ms Miller said.

Wanaka landscape architect Anne Steven, appearing for Forest and Bird, acknowledged it was ''somewhat unreasonable'' to expect Mr Innes, as a private rural landowner, to be aware of the ecological information relating to the land.

Mr Innes also took the stand.

''I've invested our entire savings in this property . . . and I didn't intend to be in this position we are now,'' he told the court.

Asked by Forest and Bird lawyer Sally Gepp whether he would keep cultivating the land if the interim enforcement order was cancelled, Mr Innes responded: ''I intend to farm the property, so yes, that's the reason I purchased it.''

Mr Innes' planner, Duncan White, told the court the attendance of many farmers at the hearing reflected concerns in the farming community about the wider implications of the interim enforcement order against Mr Innes.

"We Have A Rule In The Plan ..."

2014-03-25T08:48:00.000+13:00

We have a rule in the plan
By Lucy Ibbotson, on Tuesday 25 March 2014
Otago Daily Times

A young family facing ''financial ruin'' must be given the same consideration as the protection of ecological values on Hawea Flat land, it was submitted in the Environment Court in Queenstown yesterday.

A hearing is being held this week to consider cancellation of an interim enforcement order requiring farmer Dougal Innes to stop clearance of native vegetation on land he has a purchase agreement on above the Clutha River at Hawea Flat.

Mr Innes has already cleared a large amount of vegetation and carried out discing on the land, which has been assessed by government departments as having high conservation values.

The Royal Forest and Bird Protection Society of New Zealand deemed Mr Innes' actions illegal and successfully applied to the Environment Court for the interim enforcement order.

It was served on Mr Innes, as respondent, and the Queenstown Lakes District Council earlier this month, around the same time the council issued an abatement notice on Mr Innes.

However, in written legal submissions, Mr Innes' lawyer Jan Caunter said her client had consulted the council and was at no stage advised he needed resource consent.

''If we had somebody who had flagrantly breached the [district] plan that would be quite different. But that is not what has occurred here,'' Ms Caunter told the court.

''... It is submitted that the information provided to Mr Innes by the council and the implication that no resource consent was required is relevant to the court's assessment.''

The court needed to consider not only the potential for damage to any indigenous vegetation on the site, but the impact on Mr Innes of not being able to complete the cultivation work, which would leave him with ''no reasonable use of his land'', Ms Caunter said.

''Mr Innes and his young family are facing financial ruin if the land is protected from further development,'' her written summary of background facts stated.

Forest and Bird lawyer Peter Anderson said the effects on the environment of cancelling the interim enforcement order were a ''critical'' consideration and should be the focus, rather than the effects on the parties.

He said if there was a strong case for an enforcement order and if there was likely to be significant irreparable adverse effects if the interim order was cancelled, there would need to be a ''highly compelling reason'' for its cancellation.

Ms Caunter said given the ''significant'' level of disagreement among the lawyers, planners and ecologists involved in the case on how the district plan rules relating to indigenous vegetation should be interpreted, it would be especially difficult for a layperson such as Mr Innes to accurately interpret them.

''There are lots of different ways of looking at the rule and that in itself is causing me great concern, that we have a rule in the plan that nobody understands.''

Judge John Hassan instructed ecologists acting for Mr Innes, Forest and Bird and the council to jointly respond to a series of questions aimed at providing clarity on the definition of indigenous vegetation. They will report back to the court today.

The hearing is expected to continue until Thursday, when the court will issue a verbal decision on whether the interim enforcement order is to be confirmed or cancelled.

Dairy farmer James Cooper, a neighbour of the site, and Federated Farmers are interested parties in the court process.

Court Date For Hearing

2014-03-15T10:51:00.000+13:00

Court date for hearing
By Mark Price, on Saturday 15 March 2014
Otago Daily Times

The Environment Court will begin a two-day hearing of a Hawea Flat land dispute in the Queenstown Court on March 24.

The hearing is the result of an enforcement order obtained from the court by the Royal Forest and Bird Protection Society on March 3.

The society objected to the ploughing of the 590ha area of land above the Clutha River at South Hawea Flat, near Wanaka.

Canterbury West Coast field officer Jen Miller told the Otago Daily Times a pre-hearing conference between the parties was held on Thursday.

The action the society has taken is against Dugald Innes, who is understood to have a right to purchase the land in question from Big River Paradise Ltd.

Neighbour James Cooper is listed in court documents as an interested party.

Land Had "Very High Natural Values"

2014-03-08T09:50:00.000+13:00

Land had 'very high natural values'
By Mark Price, on Saturday 8 March 2014
Otago Daily Times

Thirty years ago, the Labour government of the day sent groups of scientists off on a mission. They were asked to find the parts of the landscape that still reflected the way New Zealand was before people began making changes. One of the Recommended Areas for Protection (RAPs) they came up with was a 590ha area of land above the Clutha River at South Hawea Flat, near Wanaka. Last month that RAP went under the plough. Mark Price reports.

On the road between Luggate and Hawea Flat your eye is drawn west to the majestic snow-capped mountains of Mt Aspiring National Park.

The flat land in the foreground barely registers.

But this land - 590ha of half-cultivated dry grass and tussock along Kane Rd - has suddenly become a battleground between conservationists and farmers.

Legalised theft: Eckhoff...

Two months ago, a digger began dragging kanuka, scrub and the odd pine tree into heaps.

Two weeks ago, a tractor towing a chunky set of discs started turning over the topsoil.

By the time the Royal Forest and Bird Protection Society obtained an Environment Court enforcement order on Monday, the agricultural contractor had already left the field.

However, the order means the farmer cannot seed, water or fertilise the land until the matter has been settled in court.

Conservationists know the land in question as South Hawea Flat, Lindis RAP (A12) - RAP standing for Recommended Area for Protection.

Correspondence between Forest and Bird and the Queenstown Lakes District Council over the farmer's cultivation has focused on the rarity of the land's native plants.

But the man who helped establish Lindis RAP (A12) and other RAPs in the Upper Clutha emphasises there is more to the issue.

Now retired from the Department of Conservation and living in Gisborne, Dr Chris Ward told the Otago Daily Times last week Lindis RAP (A12) was recommended for protection 30 years ago because it represented a landscape that was in danger of disappearing entirely.

''The essence of the value of places like this is not simply the rare species.

''It's actually about having the whole system of the landform and the ecological and geological history of the land and the soils and the vegetation that goes with the whole system.

''It reflects a large proportion of the character of the Upper Clutha.''

Dr Ward said when they started looking for places still in their native state, they already had ''very little to start with''.

''The whole context was to identify the best of what remained and then seek its protection rather than see everything degraded to minuscule remnants. These areas - whatever their degree of modification - they still had very high natural values.''

Dr Ward said Lindis RAP (A12) combined the high terrace of Hawea Flat and the drop-off to a set of low terraces leading to the Clutha River.

''The whole point of it was that it was very much undeveloped in the pastoral sense and had large amounts of its indigenous character - though obviously highly modified through grazing and fire.''

The report he helped produce noted the area's ''excellent terrace sequence''.

''The total extent of the RAP, although considerable, is little more than 1% of the original extent of terrace landforms dominated by fescue tussockland and shrubland in the Upper Clutha, and barely sufficient to give an adequate visual impression of the earlier landscape.''

While its vegetation had been ''strongly modified'' by grazing and fire, the report described what remained as ''substantially native communities''.

The report suggested the reasons the land had not been developed further were because the soils were ''among the poorest of the flatlands'' and irrigation water was relatively inaccessible.

Reflecting on the many RAPs he helped identify in the 1980s, Dr Ward said there had been ''more grief than satisfaction'' over how they had fared.

While some had been formally protected, many had not.

''It's the old problem that every success in conservation is temporary and every loss is permanent.''

''When an area is protected, or a decision is made not to destroy something, it can be seen as a victory or a gain for conservation. But it's always temporary because these things can be reversed.

Dr Ward said the cultivation of Lindis RAP (A12) was another of the losses in a world system with a bias against conservation.

''What's left of the natural scheme of things is always being whittled away, and every generation seems to take another chunk of it.

''I'm sure there will be people who will say there was an awful lot of this [Upper Clutha land]. But if every generation takes 60% of what's remaining and leaves 40%, thinking that's being generous, then that becomes two-thirds of five-eighths of [not much].''

Revealing his geological background, Dr Ward said a ''key part'' of the value of an area like Lindis RAP (A12) was its soil.

''The discs turning over the soil have already done irreversible damage. You can't undo that.

''The actual soil profile ... is a reflection of the geological and human history up until now.

''Getting to the guts of natural character is recognising that an undisturbed soil is a key part.''

RAPs were a product of the Protected Natural Areas Programme (PNAP) that began in 1983.

The programme was intended to protect native landscape features and provide the government with a basis for negotiation with landowners about formal protection.

It was controversial at the time, with some landowners refusing survey parties access, believing they could lose the parts of their properties identified as RAPs.

Philip Woollaston, associate minister for the environment (1987-88) and minister of conservation (1989-90) told the ODT the surveying ''tapered off'' after the 1980s, for economic reasons.

''It was never formally abandoned but just withered on the branch because of cost-cutting.''
Some RAPs got protection via the tenure review process, and by other means, but Lindis RAP (A12) was not one of those.

A report done for the QLDC in February last year by ecologist Rebecca Lawrence did, however, recommend part of the RAP be ''taken forward'' for further consideration as ''significant indigenous vegetation and fauna habitat''.

That would put Lindis RAP (A12) in the district plan and would require the landowner to gain resource consent before carrying out the type of work that has now been done.

Protected areas Recommended Areas of Protection (RAPs):
The land known as South Hawea Flat, Lindis RAP (A12) is one of 19 RAPs in section 4 of a 1980s document called the Lindis, Pisa and Dunstan Ecological Districts Survey Report for Protected Natural Areas.

The others are:
Double Peak, Chain Hills, Dip Creek (two), Morven Hills, Grandview Creek, Hospital Creek, Lagoon Creek, East Camp Creek, West Camp Creek, Long Gully, Long Gully Terrace, Upper Smiths Creek, North Lindis Pass, Mid Breast Creek, Grandview Tops, West Chain Hills, Lindis Crossing.
The report also lists RAPs in the Pisa and Dunstan areas.

Environment Court Halts Development

2014-03-05T10:26:00.000+13:00

Environment Court halts development
By Lucy Ibbotson, on Tuesday 4 March 2014
Otago Daily Times

The Environment Court and the Queenstown Lakes District Council have halted further development of a controversial piece of land above the Clutha River at Hawea Flat.

An interim enforcement order was issued by the Environment Court yesterday and served on farmer Dugald Innes, as respondent, and the council, following an application by the Royal Forest and Bird Protection Society on Friday.

Mr Innes had cleared native vegetation and ploughed the land, which has been assessed by government departments as having high conservation values. His actions were deemed illegal by Forest and Bird.

The court order prevents Mr Innes from further clearance of indigenous vegetation as defined by the Queenstown Lakes district plan, or from watering, irrigating, oversowing or top-dressing any part of the subject land.

Environment Court Judge John Hassan said while evidence provided by Forest and Bird was limited, it appeared there was a ''real risk of irreparable environmental damage''.

He said the urgency of the situation, as a result of the recent ploughing of the site, was ''not of the applicant's making''.

''The evidence shows a history of exchanges in recent weeks between the applicant and the council, in terms of which the applicant was urging that the council investigate and act.''

Council general manager, planning and development, Marc Bretherton told the ODT on Friday - the same day the agricultural contractor was seen leaving the site - that based on the council's assessment of the situation and legal advice, it had not issued an abatement notice nor any other form of enforcement proceedings.

Last tractor leaving the site early on Friday morning (28 Feb)

However, yesterday, QLDC lawyers advised Forest and Bird the council issued an abatement notice on Mr Innes on Saturday evening and would be serving abatement notices on landowners Big River Paradise Ltd and Sharyn Campbell yesterday afternoon.

QLDC senior communications adviser Michele Poole said because the matter was before the court the council would not make any further comment as it was ''not appropriate to do so''.

Forest and Bird field officer Jen Miller said the society had never undertaken an application for an interim enforcement order before, but ''believed such a serious step was warranted because of the significance of the vegetation and the failure of council to take what it considered appropriate action''.

Mr Innes could challenge the interim order, in which case there would be a hearing at short notice, Ms Miller said.

''The interim order is effectively maintaining the status quo while the court process on whether enforcement orders should be issued ... runs its course. This is likely to involve an evidence exchange and a hearing ... [and] take a few months.''

Forest and Bird had indicated it would modify its enforcement order application once it had more advice on what was needed to rehabilitate the site.

The court decision states the interim order will no longer apply if Mr Innes obtains a resource consent for the prohibited activities, which are considered discretionary under the district plan.

Court Order Sought

2014-03-03T09:44:00.001+13:00

Court order sought
By Mark Price, on Monday 3 March 2014
Otago Daily Times

The Royal Forest and Bird Protection Society has gone to the Environment Court to stop further cultivation of 590ha of land above the Clutha River at south Hawea Flat.

Society field officer Jen Miller told the Otago Daily Times yesterday the society regarded the clearance and cultivation of the land last month as illegal.

Lawyers for the society had lodged an application for an interim enforcement order, which compels a landowner to comply with the Resource Management Act or a district plan.

The move follows the society's dissatisfaction with the Queenstown Lakes District Council's handling of the matter.

Clutha Mata-Au River Parkway Group spokesman Lewis Verduyn-Cassels said he watched the agricultural contractor leave the site on Friday morning.

''Most of the site has been trashed,'' Verduyn-Cassels said.

''It's an ecological disaster. That's what it is.''

He recounted to the Otago Daily Times the names of rare native plants that had been ploughed up.

Before and after ploughing of Pimelea pulvinaris

Before and after ploughing of Raoulia australis

Council general manager, planning and development, Marc Bretherton said in an email to the ODT the council's district plan contained a list of threatened plants, and rules which referred to the list.

''The ecological report specific to the property in question identifies a single species as threatened.

''This species is not included in the district plan.''

Mr Bretherton said also that, contrary to media reports, the council had never said resource consent was not required for the cultivation work.

It investigated the concerns of the society and visited the site last Thursday where it ''confirmed that no breach of the district plan had occurred''.

''Acting on the information available, there was no basis for issuing an abatement notice or commencing enforcement proceedings,'' he said.

''When site-specific ecological advice was subsequently obtained, the landowner was contacted to advise that an ecological report and possibly resource consent would be required.

''At this point, council became aware that the site had been ploughed.''

Mr Bretherton said the council had ''not issued an abatement notice nor any other form of enforcement proceedings''. Forest and Bird lawyer Peter Anderson has written to the council advising it to issue the landowner with an abatement notice to remediate the ''damage''.

He called for a ''thorough'' ecological survey, the site not to be watered, oversown or topdressed, all grazing to cease and rabbit control to be carried out.

The council's website shows the land is owned by Big River Paradise Ltd.

Cultivation Legal Opinion Sought

2014-02-28T22:48:00.000+13:00

Cultivation legal opinion sought
By Mark Price, on Friday 28 February 2014
Otago Daliy Times

The Queenstown Lakes District Council is seeking a legal opinion over the cultivation of land at south Hawea Flat, near Wanaka.

Before and after clearance of threatened vegetation

The council initially told landowner Dugald Innes consent was not required and cultivation began.

Then, after taking ''site-specific ecological advice'' on Monday, the council told Mr Innes an ecological report ''and possibly resource consent'' would be required.

In response to an Otago Daily Times request for clarification of the council's position yesterday, general manager, planning and development, Marc Bretherton said the council was seeking a ''more detailed legal opinion''.

''Once we have received it, we will be better placed to determine what, if any, further action is required.''

The Royal Forest and Bird Protection Society of New Zealand has strongly criticised the council for allowing cultivation without resource consent, as it says the land is ecologically important.

It has warned it could take Environment Court action against the council for failing in its district plan obligations.

A visit to the site by the ODT yesterday found cultivation work being carried out. However, a council spokeswoman said later this was on land next to the area the society was concerned about.

Forest and Bird acting Otago-Southland field officer Jen Miller said even this work required the council to be sure resource consent was not required.

''I think what we are witnessing here is an extraordinary litany of council ineptitude.

''On Thursday of last week, they had all the information they needed to at least raise some red flags around the legality of the work that was being carried out.''

Ms Miller said the society had made several attempts to contact the council yesterday but had received no response.

Mr Innes has not responded to ODT messages.

Council Changes View On Cultivation

2014-02-26T22:45:00.000+13:00

Council changes view on cultivation of farmland

By Lucy Ibbotson and Mark Price, on Wednesday 26 February 2014

Otago Daily Times

The Queenstown Lakes District Council has had a change of heart over allowing the cultivation of land considered to be ecologically important.

Last week, the council told a south Hawea Flat farmer he could plough his land without resource consent, but yesterday, after much of the land had already been ploughed or cleared of vegetation, it said consent could be needed after all.

Concerns were raised last week by the Royal Forest and Bird Protection Society of New Zealand - along with a Landcare Research scientist, the Clutha Mata-Au River Parkway group, Wanaka landscape architect Anne Steven and members of the public - about the alleged ''unlawful'' clearance of native vegetation on the private land on the true left of the Clutha River, upriver of Kane Rd.

Click photo to enlarge

They considered the land should be protected because of its rare and threatened ecosystems.

Forest and Bird acting Otago-Southland field officer Jen Miller wrote to the QLDC requesting the clearance work be stopped until the owner had sought consent.

The landowner referred to in email correspondence between QLDC and Forest and Bird was Dugald Innes, who did not return calls yesterday.

In a letter to the QLDC yesterday, Forest and Bird lawyer Peter Anderson said the clearance activity breached the ecological provisions of the district plan, which the council had an obligation to enforce.

''It has failed to fulfil this obligation.''

Forest and Bird could refer the matter to the Environment Court or the Office of the Ombudsman, Mr Anderson wrote, unless the council instructed the landowner to cease the work and reinstate the site as much as possible.

He acknowledged the council could do very little to rectify the situation, as Mr Innes ''will simply and correctly say, I undertook this activity with the council's approval''.

''That the approval was given in error does not alter the fact that highly significant values have been destroyed.''

Yesterday, council general manager, planning and development, Marc Bretherton told the Otago Daily Times the council had investigated the concerns soon as it was aware of them and a site visit last Thursday confirmed there was no breach of the district plan.

''Acting on the information available and in accordance with legal advice, there was no basis for issuing any form of enforcement proceedings prior to the weekend,'' Mr Bretherton said.

However, after site-specific ecological advice was obtained on Monday, the landowner was contacted yesterday morning and told ''an ecological report and possibly resource consent'' would be required.

''At this point the council became aware that the site had been ploughed. We are still assessing whether any further action is appropriate.''

Ms Miller said once dryland farms were converted to irrigated land for more intensive development, rare ecosystems were lost forever.

Almost 'A Clyde To Lawrence Trail'

2014-01-24T08:58:00.000+13:00

Almost 'a Clyde to Lawrence trail'
Otago Daily Times
By Sarah Marquet, on Friday 24 January 2014

The Millenium track, between Clyde and Alexandra, the Roxburgh Gorge Trail and the Clutha Gold Trail are being seen by many cyclists as a package deal, Clutha trail trust chairman Rod Peirce says.

''There seems to be a lot of people doing both trails and ... there seems to be an association with the Clyde river trail [Millenium Track], the Roxburgh Gorge and Clutha Gold trails - it's almost like a Clyde to Lawrence trail.''

The Roxburgh Gorge trail, between Alexandra and the Roxburgh dam, and the Clutha Gold trail, between the dam and Lawrence, were officially opened on October 24 last year and were experiencing ''heavy usage'', Mr Peirce said.

The number of cyclists around Roxburgh and Millers Flat especially was ''phenomenal'' and anecdotal evidence suggested they were enjoying the trails.

Not everyone was opting for the boat trip across the middle section of the Roxburgh Gorge Trail - many were choosing to do the trails in segments, he said.

The 12km boat trip crosses the middle section where the trail has not yet been constructed because of various issues with three properties.

That could be about to change for one property though, Roxburgh Gorge Trail trust member Barrie Wills said.

The tenure review process of Obelisk Station was almost complete.

''Chances are that maybe we can get on with continuing the track later this year, but we'll have to look into fundraising.'Dr Wills said he had been on the gorge trail about once a week, tidying things up where needed.

That was usually midweek and he would see ''in excess of 30 to 40 people using it, so there would be a lot more in the weekends.

''I see people walking their kids in prams, a lot of bikers and a lot of walkers too.

''I've stopped and talked to a lot of people and they're just blown away.''

With no counters on the trails, exact numbers of users were unknown but the trusts were considering options to record usage, both men said.

They are looking to install cameras to not only capture how many people are using the trails but also age groups and other information about usage.

When asked how many $25 maintenance contribution tags had been sold, Central Otago District Council visitor centres manager Pam Broadhead said she was no longer able to supply that information as it was commercially sensitive, but the trusts would release that information after a meeting later this month.

Mr Peirce estimated between 500 and 600 had been sold and he would have a clearer idea after a meeting on Monday afternoon.

Beaumont's Rising Fortunes

2014-01-11T09:38:00.001+13:00

Beaumont's Rising Fortunes
By John Gibb, on Saturday 11 January 2014
Otago Daily Times

Moves are afoot to make the small Otago township of Beaumont the thriving community it once was. John Gibb finds out about Beaumont's changing fortunes.

Once a fading rural backwater, the township of Beaumont now seems destined for a much brighter future.

People who have lived near the inland Otago township, on the Clutha River/Mata-au, for 20 years or more will remember earlier sometimes divisive and frustrating conflicts over proposed big hydro-electric dams, which would have flooded the area.

One proposal, by the Electricity Corporation of New Zealand (ECNZ) in 1992, was to build a dam at Tuapeka Mouth that would have flooded 3000ha, including all of Beaumont. But among a series of more promising developments the long-delayed replacement work involving the nearby 19th century Beaumont Bridge is at last due to start next year.

This is one of the oldest bridges in the country still operating on a major state highway.

And more walkers and cyclists are already starting to move through the township since the 73km-long Clutha Gold Trail- which runs between Roxburgh and Lawrence, and includes Beaumont- was opened by Prime Minister John Key on October 24. Long-time resident, historian and writer Bill Dacker (61) is well aware of the area's previously somewhat mixed fortunes.

''It was a little backwater that we enjoyed as a backwater,'' he recalls.

But then a series of dam proposals came along and changed everything, he said.

Some locals, including some facing tough economic times, had agreed to sell their land.

Others, including the ''Hands Off Beaumont'' lobbyists, were determined to resist and to safeguard all they found precious in the area, including its rich history and its attractive and distinctive environment.
Mr Dacker highlights the significance of the bridge replacement work.

The current bridge had been around since 1887 and had struggled to cope with some of the ''huge trucks'' now passing through.

Mr Dacker, who is a long-standing member of the Clutha Gold Trail Trust Board, says the newly opened trail and other developments mean brighter times are coming for Beaumont, which will boost the local economy by bringing in more visitors and potential new residents. Strengthening Beaumont was also important strategically, because it gave the area a better chance of influencing its own destiny in future, he said.
''Unless we're going to make the place strong in a different way, other people are [still] going to see it as a backwater,'' he says.

Dave Crawford is an experienced jet boater and co-owner-operator of Beaumont Jet, with his wife Ali, And he is also a Gold Trail board member.

It was ''great'' to see the cyclists already starting to flow along the track, through Beaumont.
''It can only be good for this area,'' he says.

When he and his wife moved to Beaumont and began jet boat operations in 2004, he had long known the area had strong potential.

The nearby Clutha River/Mata-au is ''probably the best part of the Clutha River'', he adds.

These stretches of the river were also as good as ''anything in New Zealand'' and offered plenty of variety, including ''huge rapids'' and other ecologically appealing areas.

And he is not content with Beaumont being one of the region's and New Zealand's best-kept secrets.
''The more people the better.''

Mr Dacker, who these days divides his time between Beaumont and Port Chalmers, has lived in Beaumont for much of his life, having grown up there.

His father, Harry Dacker, had initially found work there as a rabbiter in the 1920s.

Bill Dacker said the idea of building a''cycle-cum-walking trail through the district, along the river and through the farmland to Lawrence, was a direct response - a way of creating economic opportunity by bringing people into this area as well as the other areas connected by the trail''.

The idea had come from the trust's Roxburgh-based chairman, Rod Peirce, who was a ''retired orchardist from Millers Flat with long-standing connections in Beaumont as well as to the other communities along the trail.''

The lessees of the Beaumont Hotel had also contributed to the upturn in Beaumont's fortunes by continuing to develop and support ''events tailored to hunters and fishermen while adding cyclists to those they wish to give hospitality to''.

And the pub also served ''the best blue cod meals this side of Iceland'', Mr Dacker said.

Widespread support from the Beaumont community for the trust, as well as backing from ''other communities connected by the trail'', had been key to the success of the trail development.

This sense of unity and support stood in ''stark contrast to divisions in the communities'' sparked by the ECNZ dam proposal in 1992, and was ''a wonderful thing to experience''.

Alison Mills, who leases the hotel with her husband, Gunni Egilsson, is also optimistic about the future, and says patrons with different interests and from range of backgrounds, including tourists, were using the hotel and nearby camping ground.

Mr Dacker noted there had been some ''recent controversy'' over suggestions of fees for using the trail.
He emphasised there was no official fee for using it, ''but the trust asks for a koha [donation], a contribution for its maintenance from its users as at the moment the trust is solely responsible for costs of its maintenance''.

Mr Peirce (76) said there were early signs that the new trail would prove positive, and help revive smaller communities such as Beaumont and Millers Flat.

''It's very satisfying. There's a general air of enthusiasm.''

Mr Peirce, who was also once chairman of the Friends of Beaumont group, had opposed various proposals to establish big new dams nearby.

And he is positive about the new trail's benefits.

''I thought, if there's any legacy I can leave, it may well be more like the trail, which is more positive, rather than being an activist against everything.

''I'd like to be seen as someone who left something for the benefit of the community.''

People were already starting to come from far afield to ride or walk the new trail, and local families were also enjoying it.

''We've had a tremendous amount of support from Contact Energy.''

And $3.8 million from the Government's New Zealand Cycle Trail project funding had been used to support the trail's development. Through the years Mr Peirce has noticed rural decline, including loss of population and services, in some of the smaller communities.

''It's very positive. I think that the smaller villages will definitely gain a tremendous amount over the next several years and into the future from the trail.''

And Beaumont was already looking up. The school had closed some decades ago, but ''rural visitors'' were increasing and the pub was humming - ''it's quite a busy little pub'', Mr Peirce said.

The gold trail was also good for Millers Flat - ''it's the only town that the trail actually goes right through the middle of.''

And Mr Dacker highlights Beaumont's distinctive geographical position, and its historical significance.

Beaumont is the first crossing place of the Clutha River/Mata-au when travelling on SH8 from Milton to Central Otago, and its many attractions. And the area was ''one of the major entrance and exit points'' for the Clutha Gold Trail walkway.

The Clutha River/Mata-au is one of the outstanding natural features of the newly opened trail, which follows the river ''on its journey across the river flats below Roxburgh, through the Beaumont Gorge, before it turns toward Lawrence at Beaumont'', Mr Dacker says. The river crosses the Beaumont Flat and then passes through the Rongahere Gorge, the ''last major river flat and gorge respectively of the schist peneplain or block mountain system of the Central Otago highlands''.

Beaumont was a true border between very different geographical zones.

''On the Rongahere side the climate is wetter and cooler, more like that of coastal Otago than Central Otago. On the Beaumont Gorge side the climate is hotter and drier, marking the beginning of Central Otago proper.''

The Maori name for the district is Te Kohai and here the ancestors of Kai Tahu Whanui also crossed the river, but on mokihi (traditional rafts), on their journeys into the interior.

There was also once a moa-hunting era village at Beaumont.

The town of Beaumont grew around the river crossing, where a ferry operated, accompanied by a supporting structure of hotels and shops. The natural vegetation of the nearby gorges reflected the ''borderland'' characteristics.

The dominant tree on Upper Birch Island - also known locally as Native Island - in the Beaumont Gorge is mountain beech, indicating the drier and hotter conditions there. The far larger Birch Island, or Moanui, in the Rongahere Gorge below Beaumont, and the bush of the gorge itself, has a covering of a mixed podocarp forest that includes sphagnum moss, mountain and silver beech as well as totara and matai.

''Both the gorge and the island are home to rare and nearly extinct insect species, protected on the island from rat predation by the swift waters of the river,'' Mr Dacker says.

''Beaumont's fortunes have fluctuated over the years according to major changes in the economic, gold-mining and agricultural history of the province.''

First the search for gold, then the arrival of the railways and the rise of horticulture on the river flats of Central Otago followed by the development of exotic forest plantations in the Blue Mountains all contributed to its growth.

But, subsequently, the closure of the railway branch line, the decline in gold extraction, the rise of large land holdings, changes in the horticultural sector, and finally the closure of the Beaumont Forest headquarters had also contributed to the community shrinking.

Closures of the railway, shops, the race track, churches and the school had all followed ''but always a significant minority clung on'' and many people, including some who had left, showed ''a remarkable dedication to the area'', Mr Dacker said.

And he emphasises that, for the first time in 40 years, there were ''signs of growth at Beaumont again''.
Margaret Healy, who helped organise a series of ''Back to Beaumont'' days, held over the years, has always been optimistic about the township's future.

''The aim is to get people and their families to come back to their grassroots, reminisce and enjoy Beaumont,'' she said.

It was a great place to raise a family and she was keen for Beaumont to become a ''thriving community'' again.

Beaumont
• Beaumont is a township on State Highway 87, at a crossing of the Clutha Mata-Au River, close to Central Otago, between Balclutha and Roxburgh, and is 6km southeast from Raes Junction.
• The township is one of the main entry and exit points on the 73km-long Clutha Gold Trail, between Lawrence and Roxburgh.
• The gold trail's development was backed by $3.8 million in New Zealand Cycle Trail project funding and was opened by Prime Minister John Key in October.
• The trail includes parts of an old Maori trail, sections of the former railway line route, and parts of a former road.
• An earlier proposal in 1992 by ECNZ was to build a dam at Tuapeka Mouth that would have flooded several thousand hectares, including all of Beaumont.

Long Gully Reserve Comes To Fruition

2013-12-16T08:24:00.001+13:00

Long Gully Reserve Comes To Fruition
By Mark Price, on Monday 16 December 2013
Otago Daily Times

To ensure they get the best view of the new Matu scientific reserve, near Wanaka, visitors are advised to get down on their hands and knees.

That way, there is the chance of spotting an extremely rare Pericoptis frontalis (scarab beetle) or a Hexathele petriei (tunnel web spider).

From a distance, the 165ha scientific reserve could easily appear to be nothing more than a barren piece of wasteland.

But Dunedin-based Department of Conservation partnership ranger, biologist John Barkla, told the Otago Daily Times this week the reserve contains many of the plants and insects common throughout the Upper Clutha before the arrival of agriculture.

''There's a really interesting array of both plants and animals which don't immediately strike you. But get down on your hands and knees and you start to see the diversity.''

The reserve is at Long Gully, and lies between the Wanaka-Tarras road and the Clutha River, opposite Jolly Rd.

Mr Barkla said the value of the area was first noted in 1984-85 during a programme that identified the best remaining examples of indigenous vegetation in districts throughout New Zealand.

''That was kind of the starting point to our recognition that there was something special here.''
The reserve contains native wasps including one that hunts tunnel web spiders.

There are also species of native bees, grasshoppers, cicadas, moths and butterflies, and birds such as banded dotterel and pipits had been recorded breeding there.

Mr Barkla said the land had been ''under threat'' because the holder of the pastoral lease wanted to install pivot irrigators.

''He saw the future for it being in farming.''

However, during the recently completed tenure review, the land had become public conservation land.

''We were successful in persuading Land Information New Zealand, which manages those leases, that it actually had higher values for conservation.''

Mr Barkla said the land had ''dry terrace'' herbs, grasses, cushion plants and low shrubs that were characteristic of the Upper Clutha in the past and were now relatively uncommon.

Two herbs growing in the reserve were considered to be ''threatened''.

''We regard the Long Gully Terraces there as probably the largest and most intact example of that semi-arid cushion terrace vegetation in the Clutha Valley.''

Mr Barkla said the reserve had some weeds, such as briar and wilding pine, and rabbits.

''Rabbits are a bit of a double-edged sword.

''At moderate levels they can keep the lid on weedy shrub species and grasses but if you get too many they start to eat everything.''

Mr Barkla said the cushion plants were quite hardy, although users of the river-access track running through the reserve are requested not to drive on the reserve.

''For a lot of people, they are going to see it as maybe an open public space with access to the river - a place where they can go wandering and enjoy nature on its own terms.

''You will see vineyards and agricultural developments going on around it, but it will at least be an area of 165ha which will be managed for nature.

''As time goes on, I think people will value that more and more.''

Otago Prepares To Open New Cycleways

2013-10-12T09:28:00.000+13:00

Otago prepares to open new cycleways
Saturday 12 October 2013
3 News

Central Otago's semi-arid dry lands and the green farmlands of the Clutha District in the South Island are being opened up to cyclists and walkers.

The Roxburgh Gorge Trail and Clutha Gold Trail will be officially opened on October 24 by Finance Minister Bill English, the MP for Clutha-Southland, adding new cycling and walking options near the Otago Central Rail Trail, which already attracts an estimated 12,000 people a year.

The new trails have been developed by the Roxburgh Gorge Charitable Trust and Clutha Gold Charitable Trust over eight years.

The Roxburgh Gorge Trail runs 33km from Alexandra to Lake Roxburgh Dam in three stages - a 10km stretch from Alexandra to Doctors Point, a boat transfer to Shingle Creek and a 12km track to Lake Roxburgh Dam.

Rod Peirce, chair of the Clutha Gold Charitable Trust, said the trails had been the collective vision of so many for so long that opening day would mark the transition from a long-held dream to a reality.

Cyclists on the Roxburgh Gorge Trail are expected to take between three and six hours, depending on fitness levels, boat transfer connection times, and time taken to view landmarks. Walkers are expected to take eight to 10 hours, including the boat transfer.

The trail runs down the western side of the Clutha River and most of the route is close to the river. The Clutha Gold Trail is a one-to-two day easy 73km ride from Lake Roxburgh Village to Lawrence.

The first stage from Commissioner Flat to Beaumont mainly runs beside the Clutha River before heading along a defunct railway corridor from Beaumont to Lawrence.

Users are asked to pay $25 per person or $50 for a family, yearly, for a maintenance contribution tag which covers both trails. The charge will not be policed, the Otago Daily Times reports.

Part Of Structure, Trust Chairman Says

2013-09-13T09:08:00.000+12:00

Part of Structure, Trust Chairman says
Friday 13 September 2013
Otago Daily Times

Cycle trails are becoming increasingly common around the country and Central Otago is no exception. Inland Otago Conservation Awards winner Clutha Gold Trail Charitable Trust's chairman Rod Peirce talks about constructing the 73km-long trail from Roxburgh to Lawrence.

What is it about the project you are involved in that got you interested in conservation and drives your work?
''It was probably providing easy access to the river bank for the public, and the historical aspect of the Clutha River like the dredging remnants. I have lived on the river since the 1960s. We used to find old dredge buckets and observe the wrecks of the dredge so I have become, in my mid-70s, part of the structure of the river. It's been a lifetime of a developing interest that has come to a peak with this project.''

How does the project you're involved in benefit conservation?
''There's quite a lot of flora down there that we are still discovering as trustees. Things keep popping up all the time. For example, across the river, on the opposite side to the trail, we discovered 600-year-old native totara trees. The lower Clutha, from Roxburgh through to Beaumont was very rich with history - gold-mining history and Maori history. It's a learning curve for us, all the time history is being uncovered.''

What do you get out of your work in conservation?
''There's the enjoyment of dealing with a range of people - corporate people, archaeologists and contractors. But the core thing for me - I have always been a tramper, climber and skier - is that I have got older and found that cycling really fits the bill for older people. There has been a lot of physical work to be done in the construction of the trail and riding it to test it out, so healthwise it's great. It lengthens my life.''

What challenges have you faced and how have they been overcome?
''It's been a huge challenge for the whole trust really because we are a group of volunteers who have come together with an idea and are now making it a reality. Negotiating with landowners [to gain easements] was a challenge. In a lot of cases we ended up working through a process and resolved most issues. I think in many cases the landowners were a bit apprehensive. We were taken to the Environment Court but that was resolved too.''

In what direction do yousee your conservation work going in the future?
''One of the trust's key functions is to maintain the trail and maintain the quality. It is very important for us to have a continued sound relationship with our easement providers and trail neighbours and that's a commitment we gladly take. We are also prepared to support other groups with similar projects. What happens in the future, though, is hard to be exact about.''

Albert Town Hit Hardest If Dam Fails

2013-08-13T09:45:00.000+12:00

Albert Town hit hardest if dam fails
By Sarah Marqet, on Tuesday 13 August 2013
Otago Daily Times

If the Lake Hawea Control Dam were to fail, up to 420 properties and 2620 people could be affected, a Contact Energy-commissioned report says.

The September 2011 report outlines potential consequences of a dam failure and was required as part of the energy company's standard practice, not because of any concerns with the dam.

It has been made public now due to its inclusion in the agenda for the Clutha Management Committee meeting on Friday.

Albert Town, situated at the confluence of the Hawea and Clutha Rivers, would be the town most affected, with possibly 158 to 230 properties, two hotels and a campsite flooded.

However, providing a breach of the dam was noticed when it first happened, there would be a three-hour window before the flood waters reached the town, allowing time for evacuation.

Depending on initial water levels in Lake Wanaka, there could also be extensive damage through Wanaka town with 60 buildings, including hotels, cafes and a supermarket, affected.

Because of the large storage capacity of Lake Wanaka, it would be three days before the peak level was reached.

Three bridges across the Hawea and Clutha Rivers would probably be destroyed by the flood but the one on State Highway 8B at Cromwell would not.

The ''flood wave'' travel time from Lake Hawea to the upper reaches of Lake Dunstan would be seven hours, allowing plenty of warning time for Contact Energy to increase the flow of water through the Clyde Dam to lower the level of the lake.

The Clyde Dam is 94km downstream of the Hawea dam.

Water would flow over the top of the Clyde Dam (overtopping) for up to 26 hours, but it had been designed to withstand this.

Severe bank and river bed erosion could occur, as could deposits of debris due to the ''heavily wooded banks''.

The report, by AECOM New Zealand Ltd, used two dam-failure scenarios - an earthquake-induced failure and a failure induced by high lake levels following a ''probable maximum flood event''.
It was the latter failure that would cause the most damage.

The Lake Hawea Control Dam is an earth-fill dam. The report says failures of that kind of dam are ''extremely rare but have occurred in the past as the result of internal erosion or overtopping''.

Irrigation Prospectus Withdrawn

2013-06-29T10:12:00.000+12:00

Irrigation prospectus withdrawn
By Lynda van Kempen, on Saturday 29 June 2013
Otago Daily Times

Tarras Water Ltd has withdrawn its second consecutive prospectus after failing to find a dry shareholder for its proposed $36.5 million Tarras irrigation scheme and may have to ''concede defeat''.

The company received a double setback this week when the Otago Regional Council decided against investing $3.5 million in the scheme. It had the option to take up 30% of the ''dry'' shares, covering properties which chose not to irrigate.

Because of the regional council's decision, the Central Otago District Council's support for the scheme also lapsed. It had agreed to guarantee a bank loan of up to 20% of the capital cost of the scheme, but only if the regional council invested.

The proposal was to draw water from the Clutha River to irrigate 5999ha of Tarras land. The scheme aimed to ease demand on the Lindis River. The regional council said the company had not met council-imposed conditions and the risk of not being able to on-sell the dry shares meant the investment was too risky.

Earlier this month, the company withdrew its first prospectus, after failing to meet its 70% threshold for ''wet'' shareholders. It issued another prospectus with a 65% threshold for wet shareholders. Yesterday was the closing date for the latest share offer but it withdrew the prospectus yesterday afternoon.

''Despite its best efforts, Tarras Water Ltd has been unable to secure interest from a party prepared to be a dry shareholder within the current prospectus time frame,'' a statement from the company's board said.
The company had signalled in the prospectus it needed support through a dry shareholder, applying for redeemable preference shares, ''to allow the proposed scheme to be built to optimise its potential''.

It had explored all the options in terms of dry shareholders, including considering seeking support from the Crown Irrigation Fund, but the fund would not be functional until next month, company secretary John Morrison said.

''Therefore, the TWL board wishes to advise that as at the closing date for the prospectus, no shares can be allotted as terms and conditions of this prospectus will not be met.''

Asked yesterday whether the board was ''conceding defeat'', Mr Morrison said: ''I guess we're conceding, on this particular scheme.''

The board would be meeting soon to ''take stock of where we're at'' and consider its options, he said.

The board's statement said ''mindful of its responsibilities to the Tarras district, the board will now consider its options, including any subscription cheques or deposits held by TWL being returned to their owner''.
Mr Morrison declined to elaborate on other options being considered by the board.