Consultation

Proposed partial cancellation of public access easements in Hira Forest, Nelson

The submissions process has now closed

The Treasury, on behalf of the Minister of Finance and the Minister of Conservation, sought submissions on the proposed partial cancellation of the public access easements in Hira Forest, Nelson. The submissions process closed on 27 September 2024.

All submissions received will have had receipt of these acknowledged. The submissions are currently being reviewed. Submitters who indicated interest in speaking on their submissions will be contacted in the near future.

If you have any questions, please email these to: [email protected]

11 October 2024

The Treasury, on behalf of the Minister of Finance and the Minister of Conservation, is seeking submissions on the proposed partial cancellation of the public access easements in Hira Forest, Nelson. This public consultation runs from 1 August 2024 to 27 September 2024.

Background#

Information on Hira Forest and the public access easement#

Hira Forest is located near Nelson. In 2020, the Crown transferred Hira Forest to the Ngāti Koata Trust as part of the Treaty settlement with Ngāti Koata. Currently, Koata Limited (which is wholly owned by the Ngāti Koata Trust) is the registered proprietor of Hira Forest. All operational forestry activities are managed by Tasman Pine Forests Limited.

The public access easements in Hira Forest were issued in 1994, prior to the forest being transferred to Ngāti Koata. The terms and conditions of the easements provide that the occupier of the land shall permit and allow access by the public over and across the access areas, subject to the occupier being permitted to close or restrict the use of the public access easement:

  • during the hours of darkness
  • for reasons relating to the safety of the public using the public access easement or those working on the land, or
  • for reasons relating to the protection of trees, buildings, plant, equipment and related items on the land.

Crown Forest Assets Act 1989#

Under the Crown Forest Assets Act 1989 (the Act), where Crown forest land is returned to Māori ownership, the owners may request responsible Ministers to review any public access easement associated with the land.

If such a request is received, the Ministers must consider, having regard to the fact that the land has been returned to Māori ownership, whether the public access easement is, or the terms, covenants and conditions of the public access easement are, still appropriate.

Request for partial cancellation of the public access easements in Hira Forest#

Koata Limited (the registered proprietor) has requested a partial cancellation of the public access easements in Hira Forest under the Act. The areas over which they are seeking cancellation are Areas A, C, D and E and a partial cancellation of Area B (Central Road) on Deposited Plan 14527 (orange tracks in the map below). The proposed cancellation of part of Area B will remove public access to the Eric’s Bush Covenant.

Please note that part of Area B, known as Sharlands Road (blue track in the map below), is not included in this request and the public access easement in relation to this area will remain. Koata Limited and Nelson City Council have also recently signed an agreement to provide access to parts of Hira Forest for recreational purposes for a 10-year term, starting 1 July 2024.

Hira Forest and the Public Access Easements

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Reasons for the proposed cancellation of the public access easements are that:

  • there are active forestry operations in Hira Forest, which pose significant health and safety risks to members of the public who access the area (e.g., parts of the public access easements are used daily as main access routes for logging trucks and forestry vehicles)
  • Koata Limited and Tasman Pine Forests Limited intend to change the type of forest plantation on the land, shifting to smaller crop sizes with annual harvesting. It is therefore expected that there will be ongoing harvesting, maintenance and replanting operations, which will pose heightened health and safety risks to the public who access the area
  • some members of the public have continued to access areas that have been restricted according to the terms and conditions of the public access easements (as outlined above), and
  • it appears that certain areas of the public access easements are no longer being used by the public.

Consultation – how to make a submission#

The submission process closed on 27 September 2024

We would like to hear from you on the proposed cancellation of the public access easement in Hira Forest. We are keen to hear from the members of the public who have accessed the area to understand for what purpose you use the area, how frequently, and the potential impact the proposed cancellation may have on you and the community.

If you would like to make a submission, please use the submission form here:

 

Written submissions can be sent to the Treasury in the following ways:

  • as an email attachment sent to [email protected]
  • by post addressed to
    Hira Forest Consultation
    The Treasury
    PO Box 3724
    Wellington 6140.

You have the right to appear in support of any submissions. If you would like to do so, please email [email protected]

The consultation closes 5pm, 27 September 2024.

What happens next?#

Following the completion of the public consultation process and consideration of the submissions, the Minister of Finance and the Minister for State Owned Enterprises will make a final decision on whether to partially cancel (or vary) the public access easements in Hira Forest.

We will publish a summary of submissions on the Treasury website.