December 2014 1

Rob Greenaway & Associates

Southland District Council Around the Mountain Cycle Trail Stage 2 Amenity Effects on the Upper Oreti River Setting

SDC | Around the Mountain Cycle Trail | Amenity Effects on the upper Oreti River RG&A 2

Southland District Council Around the Mountain Cycle Trail Stage 2 Amenity Effects on the Upper Oreti River Setting

Prepared for Southland District Council by Rob Greenaway & Associates www.greenaway.co.nz

December 2014

Version status: Final

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Contents 1 Introduction and summary ...... 4

2 Recreation setting – access and management ...... 5 2.1 Public access ...... 6 2.2 Land administered by the Department of Conservation ...... 6 2.2.1 DOC visitor management zones and activities ...... 11 2.3 Southland Fish & Game Council ...... 12 2.4 Water Conservation Order ...... 15 2.5 Summary ...... 1 6 3 Effects of the proposal on the upper Oreti River ...... 17 3.1 Recreation effects ...... 17 3.1.1 Recreation opportunity setting ...... 18 3.1.2 Effects on other users ...... 19 3.1.3 Track characteristics, potential hazards to cyclists and the degree of difficulty of the terrain ...... 21 3.2 Landscape effects ...... 21 3.3 Summary ...... 2 2 4 Route options ...... 23

5 Conclusion ...... 25

References ...... 26

Appendix 1: Proposed route map ...... 27

Appendix 2: 1998 CMS landscape units ...... 28

List of Figures Figure 1: Cycleway on DOC-administered lands ...... 5 Figure 2: Upper Oreti land management agencies ...... 8 Figure 3: West Eyre Mountains/ Taka Rä Haka Conservation Park ...... 10 Figure 4: Visitor management zones. DOC draft CMS 2014...... 12 Figure 5: Mt Nicholas Road access sign ...... 13 Figure 6: Oreti Road access sign ...... 14 Figure 7: View from river bed to trail (cars and people) Map 32 north of WP 691 ~ 50m ...... 19 Figure 8: View from river edge to trail (cars and people) Map 26 WP 555 ~ 40m ...... 20 Figure 9: View across river bed to trail (cars and people) Map 22 WP 507 ~ 70m ...... 20 Figure 10: Examples of dust and cycling on Mavora Lakes Road, Dec 2014 ...... 24

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1 Introduction and summary

This report describes the recreation amenity effects of the proposed Around the Mountain Cycle Trail on the Oreti River setting, as well as reviewing two cycle track location options. The Cycle Trail proposal requires the construction of a formed cycleway from Mt Nicholas Road to Mossburn via the true left and right of the Oreti River as shown in Appendix 1. This includes a bridge crossing at the top of the Patterson’s Bush fishing beat. North of the proposed bridge the cycleway will be located on an existing legal road which passes near the River at only the bridge site and near Mt Nicholas Road, but passes immediately adjacent to the Upper Oreti Hut (marked as ‘Historic Musterers Hut’ in Figure 3). In this setting the consent application is only for the bridges and culverts required to pass the cycleway over waterways. South of the proposed bridge, the cycleway follows, in the main, the Landcorp farmland fence-line which is located, in places, within 50 metres to the River’s edge. The study area for this assessment is the upper Oreti River and its immediate surrounds from its intersection with the Mount Nicholas Road in the north to approximately 2kms south of the start of Oreti Road (Figure 2). Consideration is also given to an alternative Cycle Trail route beside the upper Mararoa River and on Centre Hill Road from Mavora Lakes to State Highway 94 (see Appendix 1 for area map). This assessment is based on a site visit in December 2014 and literature review, including a review of consent application documents, submissions on the application, and the peer reviews of the landscape, market demand and assessment of economic impacts (although this assessment does not consider economic issues or the viability of the Trail).

The assessment finds, from a recreation amenity perspective: . The preferred route option for cyclists is clearly the Oreti River Valley, offering a novel experience in a high-quality landscape setting, and avoiding 14.5 km of cycling beside a relatively busy unsealed and dusty road. Selecting this option could be critical to the market appeal of the proposal. . The upper Oreti River Valley setting in the Ashton Burn area north of the proposed cycle bridge over the Oreti River is a backcountry recreation setting; and a cycleway in this setting (on legal road) is appropriate for that management zone. The change to the recreation setting characteristics in the Ashton Burn area will apply to a relatively low- use backcountry setting. Current encounter rates in this area are likely to be quite limited, despite the proximity of road access and the ease of access for mountain bikers via the existing four-wheel drive track. The net scale of displacement in the vicinity of the West Eyre Mountains/ Taka Rä Haka Conservation Park is likely to be slight. . The upper Oreti River valley south of the proposed bridge across the Oreti River is predominantly a frontcountry recreation management setting, due largely to the proximity of farmland and road-end access; and a cycleway is also appropriate in this setting. However, anglers have a traditional experience of ‘peace and solitude’ on the Oreti River, and there may be some compromises to these values on certain parts of this portion of the trail, and potentially direct disruption of angling opportunities, particularly at the proposed bridge site and at the Three Kings where cyclists are most likely to access the water. The quality of the fishery will remain in place (particularly fish size and quality and water clarity). If the core elements of a trophy fishery are retained (ie, trophy fish), displacement of traditional anglers is likely to be minor, although the reduction in satisfaction for traditional users might be greater than this. . The net adverse effect of the proposal on existing recreation amenity is not significant.

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2 Recreation setting – access and management

The recreation values of the upper Oreti River setting are largely managed by two agencies:

. The Department of Conservation (DOC), for the ‘Western High Country Mata-puke Koikoi Place’, as defined in the revised draft 2014 Southland Conservation Management Strategy (DOC 2014), and managed according to the operative Mainland Southland/West Otago Conservation Management Strategy 1998 (DOC 1998); and. . The Southland Fish & Game Council for trout fishing in the Oreti River, managed according to the Southland Sports Fish & Game Management Plan 2007 (Fish & Game 2007). Other resource values are managed by Environment Southland and the Southland District Council. The planning regulations apply to the proposed cycleway are reviewed in the resource consent application AEE for the Around the Mountain Cycle Trail by Bonisch Environmental. In terms of planning under the Resource Management Act 1991, this review only goes so far as noting that: . Section 6 of the RMA identifies ‘the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers’ as a matter of national importance, and that section 7 requires particular regard be given to ‘the maintenance and enhancement of amenity values’, amongst other things, and . Consent authorities must not grant water or discharge permits that are contrary to the Water Conservation (Oreti River) Order 2008, s217 of the Resource Management Act 1991. In the context of this assessment, the Water Conservation Order only provides descriptive data about the recreation values of the upper Oreti River. The proposed cycleway route is almost entirely outside public conservation land, relying on legal road, riverbed and marginal strip administered by Land Information New Zealand (LINZ),

Figure 1: Cycleway on DOC-administered lands

1: Snowdon Forest Conservation Area 1 2: Marginal strip 2 3: Upper Mcleod’s Conservation Area Cycleway on DOC land

3

LINZ Landcorp

3

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and Landcorp Farming Ltd lands. The cycleways crosses four parcels of DOC-administered land below a proposed bridge across the Oreti River at the northern end of the Patterson’s Bush fishing beat: including a small corner of the Snowdon Forest Conservation Area, two parcels making up the Upper Mcleod’s Conservation Area, and the marginal strip on the true right of the Oreti River north of the proposed bridge (Figure 1). The cycleway is on legal road north of this point to Mt Nicholas Road, with public Conservation land on either side (the Eyre Mountains/Taka Rä Haka Conservation Park). All land owners have given their agreement to the use of their land for the Cycle Trail as proposed in the consent application. This assessment focuses on whole trail, which includes the small portion of public Conservation land managed by DOC (Figure 1), the structures on the legal road north of these Conservation Areas which are surrounded by the West Eyre Mountains/ Taka Rä Haka Conservation Park, and where the trail crosses Landcorp and LINZ land; and the effects the trail has on the upper Oreti River fishery managed by the Southland Fish & Game Council.

2.1 Public access

Access to the upper Oreti River setting is provided by the public status of the conservation land surrounding it, legal roads, public land in river beds, and via access agreements and legal easements arranged between Fish & Game and Landcorp.

Land tenure and geography mean that access to the Oreti River in the Eyre area is largely limited to the end of Oreti Road in the south and from Mt Nicholas Road in the north. Figure 2 indicates the scale of land administered by Landcorp and DOC and the location of the legal road leading south from Mt Nicholas Road. The proposed Cycle Trail route subject to the consent application falls entirely within Figure 2. Eight angler access points on the true right of the Oreti River are located between Mossburn and the Oreti Road end; the northern-most two are within the area affected by the consent application and rely on access across Landcorp land. Fish & Game (2007) identifies that these accesses are provided by a ‘legal easement’.

The Department of Conservation maintains a locked gate on the legal road passing through the Eyre Mountains/Taka Rä Haka Conservation Park near its intersection with the Mount Nicholas Rd. Although farm roads run parallel to the Oreti River on Landcorp land north of end of Oreti Road, the Southland Fish & Game Council has an “informal agreement [with Landcorp ‘through the cooperation of the farm manager’] about access, designed to preserve the semi wilderness state of this reach of the river.” (p27, Fish & Game 2007).

2.2 Land administered by the Department of Conservation

Only approximately 1180 metres of cycleway trail is on public Conservation land (Figure 1). The operative 1998 Mainland Southland/West Otago Conservation Management Strategy (1998 CMS) (DOC 1998) locates the Oreti River on the boundary between two Landscape Units – the Eyre to the east and the Te Anau Basin to the west (see Appendix 2). The Cycle Trail on public Conservation land is within the Te Anau Basin unit. Within the Eyre landscape unit, the proposed cycle track alignment is on legal road (on the true left of the Oreti River), and so not within the direct ambit of the CMS. For completeness, and to assist in understanding the recreation values in the wider study area, both landscape units are reviewed here. Within the Te Anau Basin Landscape Unit, the 1998 CMS notes that (p 307) “Trout fishing is popular throughout the Whitestone and Upukerora Rivers and those parts of the Oreti and

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Mararoa Rivers within this landscape unit.” The Snowdon Forest is indicated as a ‘remote’ area in this unit, and concessions are limited by party size and time (‘low impact day use excluding weekends and statutory holidays’) in the Snowdon Mountains only. The following opportunity objectives are made (p308): 2. To allow horse trekking and mountain biking in specified back country areas where they are compatible with the protection of natural values. 4. To provide opportunities outside of central Snowdon Forest for visitors to enjoy backcountry areas which offer day and overnight recreation opportunities. For the Eyre Landscape Unit the 1998 CMS notes (p290 and 291):

The Eyre Mountains are possibly the most under-utilised backcountry recreation area in Southland. Although there are several huts and a system of marked routes, largely as a result of earlier wild animal control operations, few hunters and trampers make use of the area. Some huts receive as few as 4 visitors per year. Low numbers of red deer, chamois and wild pig are found in the area….

The Eyre Mountains provide for extensive backcountry and remote recreation opportunities. The area is easy to navigate and allows good opportunities for inter- valley and open tops walking and camping. Roads through bordering exotic forests enable good all-weather access to the Windley and Acton Catchments. As the Eyre Mountains are dry by Southland standards the opportunity to develop a good mountain bike track may exist, though currently the best opportunity is along the Mount Bee access and in bordering production forests. Current access rights are via easements in the Cromel, Acton, Eyre Creek and Mataura Valleys and on West Dome Road. There is considerable potential for the area as the forested and open valleys and open tops are attractive and the terrain is easily navigated.

Along with the Takitimu and Snowdon Mountain areas the Eyre Mountains have sometimes been suggested as areas to promote for absorbing some of the pressure on high use areas in Fiordland and Mount Aspiring National Parks. This fails to acknowledge the important role they play in the spectrum of recreation opportunities available, particularly their importance as easily accessible but remote areas, with low levels of facilities and use, and their role in catering for those desiring a more traditional style New Zealand backcountry recreation opportunity. In the Eyre Mountains an important opportunity exists to maintain easily accessible lowland areas relatively free of marked routes. It is for these reasons that concessions will not be allowed in this unit. The Southland Fish and Game Council identifies the upper reaches of the Mataura River as having good fishing opportunities and high game bird numbers. The following opportunity objectives are made (p291): 1. To provide opportunities for visitors to explore readily accessible mountain lands with only basic facilities. An area utilised for low impact recreation by low numbers of self-reliant parties. 2. To provide opportunities for recreational activities involving the use of vehicles (including mountain bikes), while avoiding possible conflicts with other recreation opportunities available in the area. It is assumed that objective 1 does not apply to the river flats around the Oreti River.

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Figure 2: Upper Oreti land management agencies

Dept of Conservation

Landcorp Farming Ltd

Legal road from Mt Nicholas Rd Angler access

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The implementation recommendation for mountain biking is (p291): Mountain biking will be allowed on all formed roads. Specifically, access to Mt. Bee Hut, along Mt. Bee ridge and around West Dome by mountain bikes will be allowed. The 1998 CMS refers to ‘bicycle use’ on public conservation lands in its section 4.7, noting the potential for bicycle use to have potential conflicts with foot traffic, damage to tracks and vegetation and to disturb wildlife and conflict with other users. The general objective is (p:133) 1. To allow the use of bicycles only on formed roads and on designated tracks where their use can be undertaken to acceptable levels of ecological, social and physical impact. Implementation policies are (p133): 1. Any areas or tracks where the use of mountain bikes is allowed are identified within the appropriate Landscape Unit strategies (refer Part 6) or the Fiordland National Park Management Plan. Proposals for the use of other tracks or the development of tracks by mountain bike enthusiasts will be assessed according to their impact on the environment, other users, and the recreation opportunity setting of the area.

In the process of identifying whether an area is appropriate for use of bicycles public input will be sought in assessing the effects of bicycles on an the area's natural, cultural and historic values, current use patterns and effects on other users, track characteristics, potential hazards to cyclists and the degree of difficulty of the terrain. 2. Establish methods to monitor impacts of mountain bikes on tracks and other users. 3. Publish information on where, when and subject to what conditions, bicycles may be used on tracks.

4. Signs will be erected identifying tracks where mountain biking is allowed. The DOC access brochure for the Eyre Mountains/ Taka Rä Haka Conservation Park (DOC 2007) features a mountain biker on the cover and describes the setting thus (p6):

The Eyre Mountains/Taka Rä Haka Conservation Park provides unique opportunities for visitors to enjoy a backcountry experience in a remote setting. This experience is enhanced by a network of tracks and basic huts (two – eight bunks). The area is isolated and, for the most part, physically demanding. Weather patterns can change dramatically with little warning. Snow and heavy rain can be particularly hazardous as none of the streams are bridged and can quickly become impassable. Tramping and climbing options are plentiful within the park and trout fishing opportunities can be found in the rivers on the park boundaries. Hunting, four wheel driving, mountain biking, horse riding, picnicking and camping are also popular options in this remote and scenic landscape. Please note that many tracks within the park are shared use. Expect to share with other types of users including walkers, mountain bikers, hunters, fishermen, 4- wheel drive users and horse riders. People travelling uphill should give way to those travelling down and allow plenty of space.

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Within the Oreti Valley, DOC (2007) identifies tramping, hunting, fishing and mountain biking as the main uses. Mountain biking is identified from Mt Nicholas Road to Lincoln Hut (Figure 3). Of mountain biking in the Park, the brochure notes (p7): There are good options for mountain biking throughout the park, with 4WD access roads in most valleys. There are also many routes in open valleys such as the Oreti, Eyre and Mataura, that offer a good variety of scenery and cycling terrain. For fishing, the brochure states (p6): Trout fishing is particularly popular on the Oreti and Mataura Rivers, situated on the edge of the park. Within the park the Windley and Mataura Rivers also provide opportunities for anglers. For hunting, the brochure notes (p7): Low numbers of red deer are found in the forest areas of the Eyre Mountains. Chamois have occasionally been seen along the bush line and tops and a few pigs remain within the Oreti – Five Rivers catchments. Year round hunting is available in

Figure 3: West Eyre Mountains/ Taka Rä Haka Conservation Park

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certain areas. Hunting permits are required and can be obtained from Department of Conservation offices. Hunting dogs are permitted but must be kept under control at all times. The Upper Oreti Hut hut book records the following uses for 2014 (9 January to 7 December): . 9 mountain bikers . 20 anglers . 2 horse riders . 10 hunters . 5 walkers . 10 trampers A total of 37 bed nights was recorded. Users were from throughout New Zealand and eight were of international origin. No use was recorded from April to July inclusive. Hut books can only give a very loose indication of use levels as not all visitors sign them.

2.2.1 DOC visitor management zones and activities The revised draft 2014 Conservation Management Strategy Southland Murihiku (2014 draft CMS) (DOC 2014) includes a definition of the ‘visitor management zones’ in the study area (Figure 4). This identifies the Oreti River as far as the northern extent of Landcorp land in the Oreti River valley (the upper reach of the Pattersons Bush fishing beat) as a ‘frontcountry’ recreation setting, and the remainder of the valley as a ‘backcountry’ setting. Remote zones are located in less accessible settings in the ranges. The only wilderness settings in the Conservancy are in north-west Fiordland. (These zones are defined further in section 3.1.1 of this report). The 2014 draft CMS notes of the setting (p78): The Upukerora, Whitestone, Mararoa and Oreti watersheds are a stronghold for indigenous freshwater fish, and also provide prime trout fisheries within a remote and isolated environment. The 2014 draft CMS recommends providing for mountain bike access on the (p81), “Upper Oreti access to Lincoln Hut” and “Alongside the upper Oreti River from Oreti Road to Mount Nicholas Road”, “subject to the new track being built to mountain biking standards.” The use of electric bikes is contemplated within public Conservation lands within the Conservancy subject to a range of considerations (section 3.4.2).

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Figure 4: Visitor management zones. DOC draft CMS 2014

Mavora

Eyre

Oreti River

2.3 Southland Fish & Game Council

The 2014-15 Sport Fishing Regulations are applied differently to three sections of the Oreti River, one of which is within the study area for this assessment. The River upstream of Rocky Point (immediately upstream of Mossburn) has a bag limit of one fish per day and a trout season from 1 October to 30 April, and for salmon from 1 October to 31 March. There is no limit on fish length. The regulations were the same in 2013-14. The Southland Fish & Game Council manages trout fishing and hunting in the Oreti catchment according to the Southland Sports Fish and Game Management Plan 2007 (Fish & Game 2007). The Management Plan identifies the Oreti River as an important trout fishery (p22): The Oreti is the region’s second most important river trout fishery and has a high level of use throughout its length. At least 20,000 visits occur annually. The headwater reach is one of New Zealand’s premier brown trout fisheries. It has a

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high proportion of overseas angler use, about 60% [this figure is discussed later in this section of this report]. It contains high densities (50 per km) of large (3-4kg) brown trout in near pristine surroundings. The river flows over an open tussock valley where trout can be stalked and fished for individually. A Conservation Order has been applied for to protect these features as well as its other natural characteristics. Angler crowding is a potential problem and this will need to be managed in the future to retain the quality of the angling experience, in terms of solitude and the catchability of the trout there. Southland Fish & Game manages the angling experience on the rivers in the region according to five setting descriptions (Fish & Game 2007) (noting different setting descriptions to those applied by DOC and other Fish & Game publications (such as Unwin 2009) are used): . Mountain Rivers “The Wilderness”: All the tributaries of Lake Te Anau, Manapouri and Monowai except the Lower Mararoa, Whitestone and Upukerora Rivers and Upper Waiau, Fiordland Rivers that flow into the Tasman Sea; . The Headwaters: Oreti upstream of Mossburn, Aparima and tributaries upstream of Hamilton Burn, Mataura – upstream of Eyre Creek confluence; Figure 5: Mt Nicholas Road access sign . Hill Country Waters “The Burns” and mid reaches of major rivers – more than 17 waterbodies; . Lowland Streams and Rivers “The Lowlands” – more than 10 waterbodies, including the Oreti below Lumsden; . “The Lakes” and “Estuaries” – more than 13 waterbodies.

‘The Headwaters’ fisheries have the following description (p57): Access to the waters of this category, where possible and as appropriate regulations allow, is limited to foot access only. This is to ensure the trout in the fisheries are not exposed to excessive amounts of angling pressure. This will maximise the quality of angling experience and minimise the number of times trout are disturbed. Important attributes of these waters are their degree of isolation and the naturalness of the surrounding landscape. … In particular the Oreti River between the Mt. Nicholas Road Bridge (NZMS 260-E42 346.353) and the Three Kings (NZMS-D44 296180) approximately 3km southwest of Lincoln Hill, shall be accessed by foot only, in cooperation with the adjacent landowners, the Department of Conservation and Landcorp.

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The “foot only” zone is Figure 6: Oreti Road access sign implemented via a voluntary method to afford priority fishing for individuals or groups throughout one of four beats. Information about this system appears to be available only on site (see Figure 3 and Figure 5). Unwin (2003 and 2009) defines the upper Oreti River, above Lumsden, as a backcountry fishery (p24 in both); described in Unwin 2009 (p 14) as “upland tributaries characterised by extensive rather than intensive land use, e.g. the Maruia, Ahuriri, and Manuherikia.” This is consistent with the DOC visitor management zone for the river south of Mt Nicholas Road to the northern end of the Landcorp property in the Oreti Valley. Headwater fisheries are defined in Unwin (2007) as (p14) “often remote rivers with limited access, such as the Karamea, Dingle, and Clinton.”

Unwin (2009) identifies 5,230 (±1,090) ‘angler days’1 on the Oreti River above Lumsden in the 2007/08 season (an average of 25 anglers per day), almost double the reported level of activity in 2001/02 (2,700 (±800)). High margins of error like these (20% and 30% respectively) often suggest a relatively high level of repeat use by the same anglers. Indeed, Rodway (2008) reports on a survey of anglers on fisheries on the Greenstone, Caples and upper Oreti Rivers and notes that each was fished several times over the season by many of the same anglers with an average of 2.2 times for the Greenstone and Caples and 3.5 times for the upper Oreti River. The maximum number of visits by any one angler was six for the Greenstone, five for the Caples and 20 for the upper Oreti. Ten anglers fished the Oreti at least ten times each during the summer survey period. Two river guides were reported to have visited the upper Oreti River 20 times each. Fifteen percent of activity on the upper Oreti was from guided activity, compared with 10% on the Greenstone and 5% on the Caples. Unwin (2007) reports that: . 11.4% of angling effort in Southland was carried out by international anglers, compared with a national average of 5.4%, . 25.3% of all international angling in New Zealand in 2007/08 took place in Southland, and . 18.9% of international angling was on back country rivers. The most favoured international angling setting for international anglers was headwater fisheries with 24.8% of effort. Sutherland (2001, in Fish & Game 2014, p6) indicated that 59% of anglers encountered during a creel (intercept) survey on the upper Oreti River were of international origin. Rodway (2008)

1 Any period of angling on any one day

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noted of this study that “not all anglers could be contacted during a survey of this type since not all days during the season were surveyed.” Rodway does not indicate a level of international activity in his study (based on a mail-out to holders of backcountry fishing licences on the Oreti, Greenstone and Caples Rivers, which were required at the time of the study), and the most reliable data remain that from Unwin (2009), although Unwin does not refer to international activity on the Oreti specifically. Rodway (2008) reported lower levels of angler satisfaction with encounter rates on the upper Oreti River within the foot only zone for both encounter rates and the quality of the fishery compared with outside the foot only zone, and that satisfaction levels were lower on the upper Oreti River than on the Greenstone and Caples Rivers; although satisfaction was generally high at between 70% and 80% for all rivers. Rodway described negative comments about the upper Oreti River related to guides and helicopters causing much of the over-crowding problem, and comments from local anglers criticising overseas anglers. Rodway suggested removing the trophy trout status on parts of the upper Oreti River to help reduce its reputation and noted that drift dive counts show that there is little difference in the fish between the walk-in zone and areas further downstream. Signage stressing etiquette should also be put in place. Rodway concluded (p11): Given current trends (32% of anglers who fished the Oreti last season had not fished it before) crowding is going to increase and we do need to ensure anglers have a good angling experience so a wide ranging discussion is required to ensure we are providing the best conditions for this to happen.

Subsequent to Rodway’s report, the existing beat system on the walk-in section of the upper Oreti was instigated.

2.4 Water Conservation Order

As stated above, in the context of this assessment, the Water Conservation Order only provides descriptive data about the recreation values of the upper Oreti River.

The Special tribunal report on a water conservation order application for the Oreti River (MfE 2007) summarised the reasons for applying a Water Conservation Order on the upper Oreti River (p vi):

After careful consideration the Tribunal has determined that at least parts of the Oreti River provide for or contribute to four outstanding characteristics [the two relating to amenity shown here]: (a) The river supports an outstanding brown trout fishery, particularly in its upper reaches above Rocky Point. The fishery is outstanding because of the size of brown trout in the upper river: the largest of any South Island headwater fishery; and because the number of large trout present is also comparatively very high. (b) The headwaters of the river upstream of Rocky Point provide outstanding angling amenity. Characteristics that contribute to this amenity include the presence of many large brown trout, peace and solitude and the very clear water which allows anglers to “spot” and fish to particular trout. Although the Oreti is the third most heavily fished trout river in the country, there was insufficient evidence that the entire river supports outstanding angling amenity. The tribunal also found (p vii)

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The applicants presented evidence about other values which they considered to be outstanding, including wild and scenic values and native fisheries. While these values are significant and may contribute to the values which the Tribunal considered were outstanding, the evidence did not establish that in the Oreti River they were outstanding in a national context. The tribunal quotes the manager of the Otago Fish & Game Council, Niall Watson, as describing the upper Oreti River as an “outstanding back-country fishery” (p18).

2.5 Summary

Several documents identify that the upper Oreti River is a backcountry fishery, including data presented by Fish & Game to the special tribunal hearing for the Water Conservation Order for the Oreti River, and Unwin (2009). This same visitor setting description is applied by DOC in the revised draft CMS (DOC 2014) for the River valley north of the most northern extent of Landcorp land (just south of the proposed bridge). The Oreti River downstream of this point is defined in the draft 2014 CMS as a frontcountry visitor setting. Although the draft 2014 CMS remains subject to change, this categorisation is appropriate considering the easy access to the River from the Oreti Road carpark and the proximity of intensively managed farmland. The recreation setting is also very well-used, with more than 5,000 angler days in 2007/08 (Unwin 2009) and high levels of commercial activity via guided angling. Describing these settings as remote, isolated or as having wilderness characteristics is subjective and not appropriate for management purposes. It is understandable, however, that, as stated by the Water Conservation Order special tribunal, the setting can afford ‘peace and solitude’. The tribunal did not find the River’s ‘wild and scenic’ values nationally significant in themselves.

Both the 1998 operative and 2014 revised draft CMS contemplate mountain biking in the Oreti Valley, and the latter makes specific reference to the cycleway opportunity as proposed, albeit on public Conservation land.

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3 Effects of the proposal on the upper Oreti River

The proposal requires the construction of a formed cycleway from Mt Nicholas Road to Mossburn via the true left and right of the Oreti River as shown in Appendix 1. This includes a bridge crossing at the top of the Patterson’s Bush fishing beat. North of the proposed bridge the cycleway would be located on an existing legal road which passes near the River at only the bridge site and near Mt Nicholas Road, but passes immediately adjacent to the Upper Oreti Hut (marked as ‘Historic Musterers Hut’ in Figure 3). South of the proposed bridge, the cycleway follows, in the main, the Landcorp farmland fence-line which is located, in places, within 50 metres of the River’s edge. Estimates for use of the track are based on the reports of TRC Tourism (Bamford 2014) and the peer review of that work (Cessford 2014). The latter considers that the TRC Tourism report may over-estimate day use on the Cycle Trail. However, for the purposes of this assessment, the potential for interactions between cyclists and anglers, and other users of the upper Oreti Valley, is assumed to be likely in specific places with the cycleway constructed as proposed. The potentially adverse effects of the operation of the proposed cycleway in the upper Oreti Valley where it is close to or visible from the river will include: . Effects on landscape values via track construction, including the visibility of the proposed bridge and zigzags on hillsides, . The potential to ease access for anglers to the upper Oreti River and therefore increased encounter rates between anglers,

. The potential for increased angling pressure on the upper Oreti River and therefore a reduction in the quality of the angling experience for traditional users of the setting, . Reductions in the qualities of ‘peace and solitude’ for anglers and other users of the setting as a result of the increased presence of other recreational users in the upper Oreti Valley, . These effects resulting in reduced commercial angling on the River due to reduced client satisfaction. Increased ease of access to and from the River may be viewed by some anglers as a benefit. If this benefit did not exist, there would be no increased pressure on the angling resource.

These effects are considered under the categories of recreation and landscape effects, as both contribute to amenity values.

3.1 Recreation effects

At face value, the location of a cycleway within a frontcountry or a backcountry visitor management setting could be considered entirely appropriate; and the revised draft 2014 CMS (DOC 2104) envisages this outcome within the Oreti Valley. Although the proposed cycleway is outside public Conservation land above the Patterson’s Bush fishing reach (on legal road), the revised draft CMS offers an assessment framework for effects on all land areas potentially affected by the proposal that is useful for this review (p133): Proposals for the use of other tracks or the development of tracks by mountain bike enthusiasts will be assessed according to their impact on the environment, other users, and the recreation opportunity setting of the area. In the process of identifying whether an area is appropriate for use of bicycles public input will be sought in assessing the effects of bicycles on an the area's natural, cultural and historic values, current use patterns and effects on other users,

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track characteristics, potential hazards to cyclists and the degree of difficulty of the terrain. Each of the recreation issues is considered separately below. Effects on the environment (including natural values), and cultural and historic values, are considered in other reports relating to the cycleway proposal.

3.1.1 Recreation opportunity setting The two recreation opportunity settings are the backcountry setting north of the Patterson’s Bush fishing beat, and the frontcountry setting south of this point. Considering the visitor management zone descriptions below, the cycleway activity remains appropriate. Frontcountry settings are described in the revised draft 2014 CMS (DOC 2104) as (p336): . Where the majority of visitation occurs; typically small areas, scattered within or on the periphery of large relatively natural areas . Includes the vicinity of main ‘scenic’ roads passing through public conservation lands . Often focused on a particular attraction

. Readily accessible areas, usually via sealed roads or scheduled ferry or air services . Mostly by car, but also tour buses and guided parties to some sites

. Enabled for people of most ages and abilities . Good quality facilities, services and easy access . Sometimes the origin for tramping tracks and routes, with signs and information to make this transition clear . High degree of control via information and direction signs, and barriers . Varying visitor experience and interactions, from activities with large groups, time with small groups/families, some time away from other groups and, in some cases, solitude . 30 or less people seen per visit duration

Backcountry settings are described as (p336): . Large-scale natural settings generally accessed first through front country . Includes popular walks and tramps set within large-scale natural settings and/or that access other settings. People will have travelled some distance to reach these settings . ‘Backcountry accessible’ focuses on unsealed roads, four-wheel drive roads, navigable waters and aircraft landing sites . Motorised ground access generally restricted to roads and designated routes. . A range of facility standards, including any designated vehicle routes, and popular walks and tramping tracks . Evidence of control limited to essential directional signs and barriers on Great Walks, and where there are significant hazards . Generally some time away from other groups and, in some cases, solitude

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. Occasional encounters with organised groups . Generally accepting of occasional intrusion of noise . 15 or less other people seen per day for ‘backcountry adventurer’ tracks . 40 or less people seen per day for ‘backcountry comfort seeker’ tracks

3.1.2 Effects on other users Existing users of the upper Oreti Valley north of the proposed Oreti River cycle bridge on the legal road include walkers, hunters, horse riders, and mountain bikers who take advantage of the four-wheel drive track, and anglers who use the river bed for access and angling, and four- wheel drivers. Below this point, the area is primarily a fishing destination with access via the river bed. In the north, existing users of the four wheel drive track will experience a direct change in the nature of the recreation setting, with the development of the cycleway and increased encounter rates. Cycling will be the dominant use of the setting, and the ease of access will change the type of recreational visitor encountered – from small numbers of more-experienced outdoors people to many families, groups and individuals with a range of skill and experience levels. What is currently a backcountry setting within the vicinity of the Cycle Trail is likely to develop characteristics of a frontcountry setting. This may result in the displacement of adventurous mountain bikers and other traditional users of, for example, the Oreti Hut and the Lincoln Hut, including hunters. In the south, Blakely Wallace Associates has identified – in a response to the Southland District Council for further information – six locations where the Cycle Trail is within 50 metres of the Oreti River, including the proposed bridge over the River. It is appropriate to have used 50 metres as a cut-off for direct effects on angling amenity as beyond this distance there is little chance of anglers hearing or interacting with cyclists, and 50 metres is well beyond the distance of an angler’s back cast. Figure 7, Figure 8 and Figure 9 show three examples of views from either the river bed or the

Figure 7: View from river bed to trail (cars and people) Map 32 north of WP 691 ~ 50m

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water’s edge towards the proposed location of the track. Each is taken with a digital 35mm lens, the equivalent of a 52mm standard 35mm film lens. Reference to the visibility of cyclists is made using the location of cars and people. The Blakely Wallace Associates response shows images of cyclists within closer proximity. Figure 9 shows a section of the River where the active channel may have shifted further from the fence-line since the aerials in the route maps were taken. Cyclists could hail anglers to say hello or engage in conversation in track sections closer than 50 metres, although the distances and river noise will make this difficult. The closest the trail reaches the river edge is 20 metres – apart from at the bridge – which is adequate to avoid an

Figure 8: View from river edge to trail (cars and people) Map 26 WP 555 ~ 40m

Figure 9: View across river bed to trail (cars and people) Map 22 WP 507 ~ 70m

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angler’s back cast (which is most likely to be parallel to the River). However, the cyclists may be visible and audible at 20 metres. Blakely Wallace Associates recommends planting in some locations to mitigate this effect. It is likely that cyclists will only choose to access the River for a swim (albeit a cold one), picnic or time-out at notable landscape settings where access to the River is relatively easy; most likely to include the proposed bridge site and at the Three Kings at the start of the Lincoln Hill fishing beat. The latter has some enticing pools and gravel river beach which will be obvious from the proposed trail as it ascends the adjacent hillside. The use of several sites on the River for recreation other than angling, and the proximity of the track in the identified six locations, will represent a reduction in the opportunity for anglers to experience ‘peace and solitude’ (as described in the Water Conservation Order decision), and loss of angling amenity at several specific sites due to the potential for cyclists visiting and using the River, and disturbing fish. These sites, by coincidence, are likely to be at the start and finish of identified fishing beats, but will include fishable water. Conversely, the Cycle Trail will ease access and egress to and from the start and end of fishing beats, which will represent an improvement in amenity for some anglers (removing the need to access or exit the River by only its bed or berm). It may also increase encounter rates between anglers as access will be improved, although if the existing beat system remains in place and is adhered to, this outcome should not result.

There should be no direct interactions, and no physical conflict between bikes and anglers as the Cycle Trail is not located within the area fished. Anglers will only encounter bikes if they use the cycleway to access or exit the River. The option will remain to use the river berm as it is currently.

3.1.3 Track characteristics, potential hazards to cyclists and the degree of difficulty of the terrain The AEE for the consent application describes the intended track construction standard, which is the easiest grade for a cycleway as defined in the Cycle Trail Design Guide (3rd Edition, August 2012) prepared for the Ministry of Business, Innovation & Employment. The Grade 1 standard requires that 90% of the cycleway is 2.5 metres wide, allowing for two cyclists to ride abreast. This will also allow for adequate passing space for any pedestrian using the Trail. This standard of construction poses little risk to users. Weather conditions in the Oreti Valley can be severe, however, and riders may choose to remain on the Mt Nicholas Road from time to time, or to delay activity. Shelter will be available at the existing Upper Oreti Hut and at the structure proposed at Three Kings. Relevant warning signage and off-site information will be required. These risks are associated with most outdoor activities in the region, as well as nationally.

3.2 Landscape effects

The landscape assessments carried out by Moore (2014) (as peer reviewer) and Blakely Wallace Associates (2014) are in general agreement about the scale of effects of the proposal on landscape character and visual effects. These are considered, in the main, to be minor adverse effects. Where switchback track development is planned in locations with open faces such as the Three Kings, revegetation and softening of the track construction is expected to minimise effects over time. Landscape and visual effects are expected to endure at the site of the proposed bridge over the Oreti River; Blakely Wallace Associates considers these effects to be potentially significant (but not necessarily adverse) for 1000 metres up and downstream of the bridge, while Moore considers the effects of the bridge on landscape character to be ‘moderate but acceptable’ and ‘moderate’ for visual effects, over the same 1000 metre distance.

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Both reports refer to potential reductions in (or diminished) perceptions of ‘solitude’, ‘remoteness’, ‘wildness’, ‘wilderness’ and ‘isolation’. It is a challenge to apply all these terms to the setting as absolutes. Although individuals may perceive these qualities in a relative sense, they do not all accurately describe recreation settings which are readily accessible from road ends, with an average of 25 anglers on-site per day during the fishing season (albeit spread over some distance), substantial commercial activity via guided fishing groups or individuals, and proximate farmland within much of the upper Oreti Valley. The setting is neither remote nor wilderness. However, existing users of the setting will, as the Water Conservation (Oreti River) Order decision notes, be able to enjoy ‘peace and solitude’, within a setting with some ‘wild and scenic’ values which are not significant at the national level. Considering the landscape assessments, the landscape values of the upper Oreti Valley setting are largely retained with the development in place and after several years, although moderate to significant (but not necessarily adverse) landscape effects within the vicinity of the proposed bridge over the Oreti River will remain. Both landscape assessments note the potential for effects on anglers’ sense of solitude due to the proximity of the cycleway in places.

3.3 Summary

At face value, the proposal appears appropriate for a backcountry and frontcountry recreation setting. However, the upper Oreti River clearly offers opportunities for high quality angling in an area which provides opportunities for peace and solitude in a scenic setting. While the landscape values of the upper Oreti Valley are very largely retained, there remains the potential for a reduction in the opportunities to experience peace and solitude at some sites where the trail is close to the River, and where cyclists might access it. It is worth noting that the most keen anglers will be on the River early in the morning, to secure a beat and to fish undisturbed water, while cyclists will most likely begin arriving in the setting in the mid to late morning, and will be infrequent by the mid- to late-afternoon. The morning and evening period of fishing on the Oreti will most likely retain most if not all of its ‘peace and solitude’ characteristics. The quality of the fishery, in terms of the ability to fish and the quality and size of the fish in the River, will be unaffected. Direct use of the River by cyclists is most likely to occur at specific sites with notable landscape features and obvious access, such as the proposed bridge across the Oreti River and at the Three Kings.

There may be some displacement of users, other than anglers, from the setting north of the proposed bridge across the Oreti as a result of the improved recreational access opportunity.

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4 Route options

The TRC Tourism (Bamford 2014) opines that there will be different levels of patronage between two Cycle Trail route options considered: that relying on the upper Oreti Valley as reviewed in this report, and the Mararoa River – Mavora Lakes Road – Centre Hill Road option. These routes are described in full in Blakely Wallace Associates’ (2014) landscape assessment. The latter requires approximately 14.5 km of cycling adjacent to unsealed roadway (approximately an hour of riding). Blakely Wallace Associates (2014) concludes that the Oreti Valley route has greater landscape and visual effects than the Mavora option, but conversely a superior landscape experience; and that effects on angler amenity would be greater if the Mararoa Route was chosen. The Mararoa River gained 1,520 (± 330) angler days in 2007/08 – over a far longer stretch of water than the upper Oreti River – down from 2,970 (± 590) in 2001/02, potentially the result of didymo growth in the Mararoa (Unwin 2009). While the route option beside the upper Mararoa would include more proximate location of cycleway to the River, the potential for interactions with anglers is much less than on the upper Oreti – although those fewer anglers using the upper Mararoa would have greater potential for interactions with cyclists. However, the net effect on angler amenity on a river-wide basis is likely to be less on the Mararoa than on the upper Oreti River. There are two main differences between the two settings for cyclists: the 14.5km ride beside an unsealed road; and the cycling experience through the Oreti Valley.

The experience of cycling within the dust plume of the unsealed road would be a significant deterrent and is incompatible with a major domestic and international tourism asset. Although it is clear that cyclists do currently use the unsealed road as a cycleway, this use would almost certainly virtually disappear if an alternative was provided (Figure 10). Although the proposed Cycle Trail includes the unsealed Mt Nicholas Road north of the Oreti River, this section has none of the traffic accessing Mavora Lakes Road. Bamford (pers comm.) estimates use of this upper section of road at between six and ten vehicles per day. The appeal of the Cycle Trail to international visitors will rely heavily on positive referrals in online social networks such as TripAdvisor. A high number of adverse comments about dust from unsealed roads may critically compromise the Cycle Trail and presents a high level of marketing risk. The upper Oreti River route provides an experience which is currently unavailable to cyclists, beside adventurous mountain bikers who can currently only access as far as the proposed bridge over the Oreti. The Mararoa route will be largely familiar to users of the Mavora Lakes Road. The Oreti route is therefore far more likely to appeal to, for example, campers at Mavora Lakes and other regional residents and national visitors who know the area, particularly as a day-cycle option. It is very reasonable to assume that there will be a difference in patronage levels between the two options, and that the Oreti River route will have the higher level. While the assessment in this report does not recalculate the patronage figures used in Bamford (2014), and notes that the peer review (Cessford 2014) suggests a lower day-use patronage (although it does not appear to take into account use by traditional local campers), the scale of difference in patronage envisaged by Bamford (2014) appear realistic. This assessment – and that by Cessford and Bamford – will retain strong intuitive bases, but as no directly-comparable example is available, the level of analysis and reduction in Bamford (2014) is appropriate.

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Figure 10: Examples of dust and cycling on Mavora Lakes Road, Dec 2014

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5 Conclusion

This assessment indicates that the potential adverse amenity effects of the proposed Cycle Trail in the upper Oreti Valley relate to the potential displacement of some traditional users in the Oreti Valley in the Ashton Burn area (such as hunters, trampers and walkers), and a reduction in the potential for anglers in the Oreti River to enjoy ‘peace and solitude’ between the proposed bridge over the Oreti and the southern limit of the cycle track as applied for. The upper Oreti River has traditionally had a very strong role as an angling-only river setting. The proposal will change this to one with more diverse uses, and with the characteristics of a shared recreation setting. The change to the recreation setting characteristics in the Ashton Burn area will apply to a relatively low-use backcountry area. Current encounter rates are likely to be quite limited, despite the proximity of road access and the ease of access for mountain bikers via the existing four-wheel drive track. The net scale of displacement in the West Eyre Mountains/ Taka Rä Haka Conservation Park is likely to be very slight. If the Oreti Valley area was managed as a remote or wilderness setting, such displacement would be of concern. However, the core characteristics of the setting as backcountry can be maintained with the Cycle Trail in place.

The Oreti River below the proposed bridge over the Oreti has strong frontcountry characteristics, particularly due to the proximity of farmland, which suits the development of the level and type of access proposed. However, anglers have a traditional experience of ‘peace and solitude’ in this setting, and there may be some compromises to these values, and direct disruption of angling opportunities, particularly at the proposed bridge site and at the Three Kings. The quality of the fishery will remain in place (particularly fish size and quality and water clarity). The Cycle Trail will provide improved access to the fishery, but if the beat system remains in place and is adhered to, encounter rates between anglers – at least for those who secure first position on a beat – will remain as is. There will be no direct conflict between anglers and cyclists as bicycles will remain on the cycle track, unless anglers choose to use the track for river access. The width of the track – mostly 2.5 metres – allows for easy passing of pedestrians. Signs warning cyclists of anglers potentially using the track may be required. The net effect on recreation value in the Oreti River valley will clearly be positive as a result of a much increased level of sustainable recreational use of the setting, and the retention of an angling resource which will no doubt remain attractive to many fishers. However, this will come at cost to traditional anglers in the setting who are accustomed to its existing level of development. This is likely to result in a reduction in satisfaction for some anglers and their potential displacement, and this includes some commercially guided anglers. If the core elements of a trophy fishery are retained (ie, trophy fish), the net scale of displacement is likely to be minor, although the reduction in satisfaction for traditional users might be greater than this. However, the net adverse effect on existing recreation amenity will not be significant.

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References

Department of Conservation, 1998. Mainland Southland/West Otago Conservation Management Strategy 1998-2008. DOC Southland. Department of Conservation, 2007. Eyre Mountains/Taka Rä Haka Conservation Park Northern Southland. Recreation access brochure, DOC Southland. Department of Conservation, 2014. Revised Draft Conservation Management Strategy Southland Murihiku 2105 - 2025. DOC Otago and Southland. Fish & Game Southland, 2007. Southland Fish and Game Council Sports Fish and Game Management Plan For The Southland Sports Fish And Game Region. Fish & Game Council Southland Fish & Game Southland, 2014. Submission to the Southland District Council for Phase 2 of Around the Mountain Cycle Trail. Rodway, M. 2007. The survey of back country licence holders held for the 2006-7 trout fishing season. Southland Fish and Game Council. Sutherland, S. 2001 Upper Oreti Angerl Survey 2000-2001. Fish & Game Council Southland Unwin, M. 2003. Angler usage of lake and river fisheries managed by Fish & Game New Zealand: results from the 2001/02 National Angling Survey. Niwa client report for Fish & Game New Zealand Unwin, M. 2009. Angler usage of lake and river fisheries managed by Fish & Game New Zealand: results from the 2007/08 National Angling Survey. Niwa client report for Fish & Game New Zealand

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Appendix 1: Proposed route map

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Appendix 2: 1998 CMS landscape units

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