• LEGISLATION
UPDATE
HIGH COUNTRY TENURE REFORM – AGAIN Mick Strack mick.strack@otago.ac.nz
T
Towards the late 20th century
PCE, that there was an overemphasis
hill country is a feature of much
there were increasing demands
in the conservation estate of the high
of Aotearoa’s tourism imagery;
for new land uses; deer, grapes,
country tussock lands and a deficit of
with merino sheep peacefully grazing
recreation, and residential. The costs
other ecosystems like wetlands and
around glacial lakes and with the
of administration of the leases by
lowland forests. Also more land was
snowy Southern Alps backdrop. The
the Commissioner of Crown Lands
freeholded than was returned to the
images evoke the fortitude and resil-
exceeded the income from the leases;
conservation estate. Along with the
ience of the rugged pioneer farmer
there were demands for more land
lease conversions, the Crown was also
family pitting themselves against the
to be returned to the conservation
directly buying leases for multiple
harsh natural environment and social
estate; and demands for increased
millions of dollars to convert directly
isolation. In another context, and to
public access. It was thought that
into the conservation estate.
others, these landscapes are seen as
landuse decisions and sustainable
public spaces; Crown owned and pro-
land use could be better managed
passed through the legislative
tected for conservation purposes. And
through the Resource Management
process (at the time of writing it is
in yet another context, Ngai Tahu may
Act processes.
due to receive the Royal Assent) to
he wide open golden tussock
see these spaces as trailways through
So the Crown Pastoral Land Act
Currently a new reform Bill has
become the Crown Pastoral Land
an ancient land, holding stories of
1998 was created to facilitate the
Reform Act. On the evidence of the
gods, ancestors, and mahinga kai.
conversion of the leases to the Crown
parliamentary debates this may be
estate for vulnerable land, and
similarly contentious. The Act ends
(about 5% of Aotearoa) of such
There are 1.2 million hectares
to freehold for land that could be
tenure review, which indicates an
landscapes in the South Island high
managed for production. This process
acknowledgement that the process
country currently held by the Crown
was voluntary for all parties but
had led to undesirable unintended
but under perpetual pastoral leases.
there was a strong incentive to enter
consequences. The primary premises
into the process. About 140 leases
of the Act are to protect the inherent
chose not to grant fee simple title
were reviewed through this process
values of the high country; to ensure
to this land, but to maintain some
(almost ½ of all Pastoral Lease
that the land is managed sustainably;
control over the landuse decisions by
properties). Those who chose not to
and to provide for land occupation
granting various forms of leasehold
enter the review process can continue
and management that respects mana
interests or occupation licences.
their pastoral practices and to quote
whenua relationships.
Control was required to limit land
one lessee: “we retain autonomy over
It is worth remembering that
use to pastoral use with restricted
access and still have our very valuable
the two key pastoral management
stocking rates. The main justification
summer grazing which with climate
regimes applying to these high
was to protect it from erosion. By
change is essential”.
country estates were 1) the ability
In the 19th Century, the Crown
1948, the Land Act rearranged these
The whole process and the
to use the land from the mountain
pastoral leases into 33 year perpetual
outcomes remain contentious: the
tops to the lake and river edges for
leases with a eleven year reviews.
transfer of millions of dollars from
summer and winter grazing, and
This provided adequate security of
the Crown to the new freeholders;
2) the maintenance of the tussock
tenure to give lessees confidence in
the windfall profits subsequently
ground cover by grazing and burning.
intergenerational investment and
available for the freeholders by
The iconic golden tussock landscapes
it protected property rights to use
changing land use or subdividing for
so loved and so typical of central
and occupy exclusively. These leases
residential use; the amount of land
Canterbury and Otago are maintained
were transferable and in theory
returning to the Crown which DoC
by those management regimes. If
they could be converted to freehold
was not funded to manage; the sub-
those landuses are removed then
by negotiation with the Crown. But
sequent weed infestation (wilding
the landscape and land cover will
freeholding was rare as the leasehold
pines in particular) and loss of natural
change. There has been very signif-
arrangements worked pretty well.
biodiversity; and in the view of the
icant change to some landscapes
36 SURVEYING+SPATIAL
•
Issue 108 June 2022
