New Zealand gains from more diversified use of former leasehold land freeholded through the land tenure review process, writes Brian Usherwood.
On reading the opinion piece about tenure review by the Otago Fish and Game Council's Niall Watson on this page last month, I became increasingly concerned that some of the points he raised were incorrect, and that he omitted some important information.
Like many New Zealanders, Mr Watson is passionate about protecting fishing and gaming rights.
However, it is important that in forming opinions about these matters, the New Zealand public has the full information available.
New Zealand benefits from more diversified use of former leasehold land freeholded through the tenure review process.
To date, more than 200,000ha of land has been freeholded through the present tenure-review process, creating new opportunities for alternative land uses and associated economic benefits for communities.
New Zealanders also benefit when former leasehold land becomes public conservation land through tenure review.
Public ownership helps protect high-country biodiversity, protecting distinctive and rare ecosystems, and creates significant public access and recreation opportunities.
About 193,000ha of former leasehold land has been transferred to the conservation estate through tenure review, and a further five leases covering 126,000ha have also been bought outright by the Crown.
Tenure review is in no way a closed process, as claimed by Mr Watson.
As proposals are developed, several parties are formally consulted, such as Fish and Game, the Department of Conservation and iwi.
Advice is sought from the Department of Conservation when developing tenure-review preliminary proposals on the land requiring protection for conservation purposes, and on how it should be protected.
This same process is being followed for the Ben Nevis and Craigroy tenure reviews mentioned by Mr Watson.
All tenure-review preliminary proposals are advertised and the public invited to submit its views on the proposals.
Copies of all submissions and the analysis of these are placed on the Linz website, fully accessible to the public.
Public submissions are a valuable and important input that guides the outcome of tenure reviews. Submissions are analysed and considered in detail to ensure tenure reviews reach the best possible outcomes for New Zealanders.
Further, the Minister for Land Information and the Minister of Conservation see all substantive proposals before a final decision is made.
This process helps ensure outcomes are robust, transparent and consistent with both Government policy and the Crown Pastoral Land Act 1998.
In relation to the Nevis Valley preliminary proposals, protection of the natural character of the valley can be achieved through conservation covenants to protect its delicate landscape and significant biodiversity values.
The Crown Pastoral Land Act provides for the use of covenants, and in this case they will ensure legally binding protection of what are reported to be Otago's most intact goldfields, and its historic heritage.
The assertion that the Ben Nevis and Craigroy tenure reviews are predetermined is simply not correct. Final decisions are made by the Commissioner of Crown Lands, who has statutory independence.
The Commissioner considers all matters that are relevant under the law, including the Crown Pastoral Land Act, and is legally accountable for his decisions.
This ensures decisions on the final outcomes for tenure review are independent.
It is important to note that the land in the preliminary proposal designated to be retained as public conservation land comprises high mountains, alpine lakes, tussock grasslands and shrublands.
These areas are well suited to a variety of recreational activities including fishing, kayaking, hunting, tramping, skiing, and sightseeing along the Nevis Valley.
The conservation land proposed by these tenure reviews also adjoins other public conservation land, providing for extensive public recreation opportunities for New Zealand.
This shows how tenure review enables public access to land which would otherwise be constrained by a perpetually renewable lease where the lessee holds the right of exclusive occupation.
Much of Mr Watson's argument is based on the use of the land for hydro-electricity generation.
One important fact which is not fully understood, as evidenced by Mr Watson's article, is that the riverbed is not part of the Ben Nevis and Craigroy properties, and, therefore, any reported plans for hydro-electricity generation are excluded from these reviews.
Any plans for hydro-electricity generation will require separate, independent decisions under the Resource Management Act.
Mr Watson claims land valuations for the Ben Nevis and Craigroy tenure reviews do not reflect accurate values of the land to be retained by the Crown, and land to be freeholded.
This is incorrect.
The Land Act 1948 created pastoral leases as a form of land tenure. As part of their creation, some property rights were permanently transferred from the Crown, as owners of the land, to the lessee.
The most obvious of these rights are that the lessee has a right to perpetual renewal of the lease, and that they own any improvements to the land (for example, buildings and fencing) and in the land from land development (for example, fertilisation).
This is unlike the more common lease arrangements people may be used to.
Further, and this time like any tenant in a lease arrangement, pastoral lessees have property rights in the leasehold land, including the right to quiet enjoyment and exclusive access to the property.
During tenure review, lessees and the Crown buy out each other's rights in the land.
The actual size of the payments is determined by independent market valuations.
Market valuations are also used to obtain the most accurate value of the land to ensure the most accurate and widest consideration is given.
A recent report by a panel of independent valuers found that the valuation methodology used in reaching tenure review settlements was fair.
This report is publicly available on the Linz website.
Public debate is to be encouraged.
Mr Watson has forwarded his opinion.
It is important that members of the public are able to form their own views based on correct and complete information.
• Brian Usherwood is general manager, Crown property and investment, Land Information New Zealand.
