Molesworth Recreation Reserve Bylaws 2017

Pursuant to section 106(3) of the Reserves Act 1977, the Minister of Conservation makes the following bylaws.

Bylaws

1. Title

These bylaws are the Molesworth Recreation Reserve Bylaws 2017.

2. Commencement

These bylaws come into force on the 28th day after the date of their notification publication in the New Zealand Gazette.

3. Interpretation

In these bylaws, unless the context requires another meaning:

Acheron Road (also sometimes known as Molesworth Road) means the road that runs from the Clarence River Bridge just south of the historic Acheron Accommodation House northwards along the Acheron River valley and connects with the Awatere Valley Road via Ward’s Pass, ending at Cob Cottage, as indicated on the map in Schedule 3;

activity permit means a permit granted by the Minister;

Big Eddy means the area situated on the Clarence River, as indicated in Schedule 2;

camp includes to stay overnight in a vehicle;

concession has the meaning given to it by section 2(1) of the Conservation Act 1987;

Departmental hut means a hut described in Schedule 2;

designated campsite means the campsites described in Schedule 2;

disability assist dog has the meaning given to it by section 2 of the Dog Control Act 1996;

East Zone means the area identified on the map in Schedule 3 as the East Zone;

East-West route means the road as identified on the map in Schedule 3 as the East-West route;

formed roads means Acheron Road, Tophouse Road, Wairau Hanmer Hydro Spring Road and Sedgemere-Severn Road;

hunting permit means an authorisation issued under section 50 of the Reserves Act 1977 and section 8 of the Wild Animal Control Act 1977;

lands adjoining water bodies means the strip of land 20 metres wide extending along and abutting the landward margin of the normal level of the bed of any lake not subject to control by artificial means, or the bed of any rivers or streams with a width of 3 metres or more, within the Molesworth Recreation Reserve;

Lessee means the lessee of the lease over Molesworth Station;

Minister means the Minister of Conservation;

Molesworth Management Plan means the management plan made under section 40B of the Reserves Act 1977 and published by the Department of Conservation;

North Zone means the area identified on the map in Schedule 3 as the North Zone;

ranger has the meaning given to it by section 2(1) of the Reserves Act 1977;

reserve –

(a) means the Molesworth Recreation Reserve which is that land described in Schedule 1; and

(b) includes –

(i) any part of the reserve; and

(ii) lands adjoining water bodies; and

(iii) any other land that becomes part of the reserve under the Reserves Act 1977;

Sedgemere-Severn Road means the road which runs from the Acheron Road south of where it meets the Severn River near the station operational area Red Gate (as indicated in Schedule 2), to Sedgemere Sleepout (as indicated in Schedule 3), to where it meets the Tophouse Road, as indicated on the map in Schedule 3;

Sedgemere Tarns area means the fenced area that encompasses Bowscale Tarn, Fish Lake, Lake Sedgemere and Island Lake;

station operational area means an area identified in Schedule 3 as a station operational area;

Tophouse Road (also sometimes known as Rainbow Road, Clarence Road, and Lake Tennyson Road) means the road which runs from the intersection with Jollies Pass Road west then northwards along the upper Clarence River valley to the bridge over the Clarence River (near Lake Tennyson) and where it meets the Wairau Hanmer Springs Road, as indicated on the map in Schedule 3;

unmanned aircraft has the meaning given to it in the Civil Aviation Rules (being the ordinary rules made under Part 3 of the Civil Aviation Act 1990);

Wairau Hanmer Springs Hydro Road (also sometimes known as Rainbow Road, Clarence Road, and Lake Tennyson Road) means the road north from the bridge over the Clarence River (near Lake Tennyson) via Island Saddle to Rainbow Station as indicated on the map in Schedule 3;

West Zone means the area identified on the map in Schedule 3 as the West Zone.

4. Public access to the reserve

(1) Subject to subclauses (2), (3) and (4), a person may enter, or remain in, only –

(a) the West Zone at any time;

(b) the North Zone from 1 May to 31 December inclusive each year;

(d) Acheron Road from Labour weekend to Easter Monday inclusive or the second Sunday in April inclusive, whichever is the later date, between 7am and 9pm only;

(e) walking tracks accessed from Acheron Road from Labour weekend to Easter Monday inclusive or the second Sunday in April inclusive, whichever is the later date, between 7am and 9pm only;

(f) East-West Route at any time;

(g) Tophouse Road at any time;

(h) Wairau Hanmer Springs Hydro Road at any time;

(i) Sedgemere-Severn Road if the sign on the road states that the road is open;

(j) lands adjoining water bodies in the reserve at any time;

(k) Big Eddy at any time.

(2) The Minister may, at any time, close the whole or any part of the reserve (except the lands adjoining water bodies), for any period specified, if the Minister considers it necessary –

(a) due to high fire risk; or

(b) for the protection of Molesworth’s natural, historical and cultural, recreational and farming values; or

(3) The Minister may, at any time, close the lands adjoining water bodies or any part of the lands adjoining water bodies, for any period specified, if the Minister considers it necessary for reasons of –

(a) public safety; or

(b) emergency; or

(d) fire risk; or

(e) conservation management.

(4) A person must not enter, or remain in, the reserve –

(a) outside the periods and areas specified in subclause (1); or

(b) during any period an area is closed under subclauses (2) or (3);

unless that person holds an activity permit for such access.

5. Public access to the Sedgemere Tarns area

(1) A person must not enter the Sedgemere Tarns area with any vehicle or bicycle unless –

(a) authorised by an activity permit; and

(b) he or she remains on a formed track.

6. Public access to a station operational area

(1) A person must not enter, or remain in, a station operational area.

(2) Subclause (1) does not apply to any volunteer who requires access for management purposes.

(3) In this bylaw, volunteer means any person authorised as such by the Minister to carry out certain functions and duties in the reserve for management purposes, on behalf of the Department of Conservation.

7. Camping

(1) A person may camp in the reserve, subject to subclauses (2) and (3).

(2) A person must not camp in the reserve –

(a) within 300m from, or within sight of, the Acheron Road at any time;

(b) without paying the camping fees specified in Schedule 5, where applicable.

(3) A person must not camp in a designated campsite for longer than –

(a) 5 days; or

(b) a period specified by the Minister.

8. Hunting

(1) A person must not hunt in the reserve during the hours of darkness or using a spotlight or using night vision equipment.

(2) Subclause (1) does not apply to any person hunting at night as part of an organised event that has written permission of the Minister; or to any person hunting at night as part of the Lessee’s pest control.

(3) A person hunting in the reserve, or in possession of a firearm, weapon, trap, net, or other like object in the reserve, must hold a hunting permit.

(4) Subclause (3) does not apply to the Lessee or any employee authorised in writing by the Lessee to carry out pest control.

9. Aircraft

(1) A person must not –

(a) land an aircraft in the reserve; or

(b) take off in an aircraft from the reserve; or

(d) use a hang-glider in the reserve; or

(e) use an aircraft in the reserve to set down, pick up, or recover in the reserve any person, livestock, carcass, or article of any description.

(2) Bylaw 9(1) does not apply to any person –

(a) in an emergency; or

(b) if the aircraft is operated by the New Zealand Defence Force or the Civil Aviation Authority; or

(3) A person must not use a helicopter in the reserve for recreational purposes.

(4) A person must not use an unmanned aircraft in the reserve without an activity permit.

(5) In this bylaw, aircraft includes aeroplanes, helicopters, gliders, unmanned aircraft and balloons.

10. Fires

(1) A person must not light a fire in the reserve.

(2) Subclause (1) does not prohibit the lighting of a fire in the reserve –

(a) with the express permission of the Minister or a ranger; or

(b) on a portable stove fuelled by gas, oil, vaporised petrol, or a similar substance; or

(3) A person must not light a fire if it likely to present a fire hazard, even if the fire is one that subclause (2) applies to.

(4) Once a fire is lit, the person who lit the fire must –

(a) attend the fire until it is completely extinguished; or

(b) arrange for a responsible person to attend the fire until it is completely extinguished.

(5) A person who attends a fire under subclause (4)(b) must attend the fire until –

(a) it is completely extinguished; or

(b) replaced by another person who attends the fire under subclause (4)(b).

(6) A person must not drop, place, or throw in any grass or in any flammable material in the reserve –

(a) any match, whether lighted or not; or

(b) any lighted cigarette or other lighted material.

11. Animals

(1) A person must not –

(a) bring any animal into the reserve; or

(b) allow any animal in the person’s custody or charge or under the person’s control to be in the reserve.

(2) Subclause (1) does not apply to –

(a) bringing a horse into the reserve, where the person bringing the horse into the reserve has an activity permit to do so; or

(b) bringing a dog into the reserve, where the person bringing the dog into the reserve has an activity permit to do so; or

(3) A ranger may seize and detain any animal that is in the reserve in contravention of subclause (1).

(4) An animal seized and detained under subclause (3) must –

(a) be returned to its owner, if the ranger knows or can reasonably ascertain who the owner is; or

(b) be committed to the local pound of the local authority, if the ranger does not know and cannot reasonably ascertain who the owner is.

(5) In this bylaw, animal includes all domestic animals.

(6) In this bylaw, local authority has the meaning given to it by section 2(1) of the Reserves Act 1977.

12. Vehicles

(1) A person must not take, ride, or drive a vehicle into or in the reserve except –

(a) on any formed road; or

(b) on any part of the reserve set aside by the Minister for this purpose; or

(2) A person must not take, ride, or drive a vehicle into or in the reserve in a dangerous manner.

(3) A person must not –

(a) use a vehicle towing a trailer; or

(b) use a vehicle over 7 metres in length;

(4) Subclause (3) does not apply to any person who has written permission from the Minister.

(5) In this bylaw, vehicle does not include a bicycle.

13. Parking

(1) A person must not park a vehicle or leave a bicycle in the reserve so that the vehicle or bicycle obstructs an entrance, gateway, path, road, or track in the reserve.

(2) The driver of any vehicle must ensure that it is parked in a safe and considerate manner and position.

(3) In this bylaw, park means to stand the vehicle for a period exceeding 5 minutes.

14. Misbehaviour

(1) A person in the reserve must not –

(a) intentionally obstruct, disturb, or interfere with any other person’s use or enjoyment of the reserve; or

(b) use foul, abusive, indecent, or obscene language; or

(2) A person who contravenes subclause (1) must leave the reserve if requested to do so by a ranger.

15. Dangerous weapons

(a) A person must not carry or use a dangerous weapon in the reserve without the prior written permission of the Minister.

(b) In this bylaw, dangerous weapon includes a firearm, a bow and arrow, a catapult, or a shanghai.

16. Water

A person in the reserve must not –

(a) permit or cause water to be wasted in the reserve; or

(b) permit or cause tap water in the reserve to flow for longer than is reasonably required for drinking, cooking, or other lawful purpose; or

17. Litter

(1) A person in the reserve must take his or her litter out of the reserve.

(2) In this bylaw, litter includes –

(a) rubbish; and

(b) any substance or article of a dangerous or offensive nature.

18. Sports and games

A person must not, if expressly forbidden to do so by a ranger, –

(a) play a sport or game in the reserve; or

(b) enter in or remain on any part of the reserve marked out as a playing area for a sport or game while the sport or game is in progress.

19. Notices or bills

(1) A person must not, without the prior written permission of the Minister, –

(a) post a placard, bill, poster, or notice in the reserve; or

(b) interfere with a placard, bill, poster, or notice lawfully erected in the reserve.

(2) A person who is distributing a notice or handbill in the reserve must stop doing so if directed to stop by a ranger.

20. Damage to property

(1) A person must not do an act prohibited by subclause (3) to anything in the reserve that does not belong to the person.

(2) However, subclause (1) does not apply to an act done with the prior permission of the Minister.

(3) The acts prohibited are –

(a) removing;

(b) disturbing;

(d) destroying;

(e) painting or carving or writing names or letters or words or figures or devices.

21. Application of bylaws

(1) These bylaws do not apply to any employee or contractor of the Lessee who is in the reserve in his or her capacity as an employee or contractor, while he or she is carrying out his or her functions and duties as an employee or contractor.

(2) These bylaws do not apply to any employee or contractor of the Department of Conservation who is in the reserve in his or her capacity as an employee or contractor, while he or she is carrying out his or her functions and duties as an employee or contractor.

22. Bylaws not to limit or affect other enactments

(1) These bylaws do not limit or affect the requirements in or under any other enactment.

(2) Without limiting subclause (1), bylaws 9 and 10 do not limit or affect the application of any Act or regulations relating to the operation of aircraft or the lighting of fires.

23. Offences

Every person who does not comply with any requirement in or under these bylaws commits an offence and is liable to the penalty specified in section 104 of the Reserves Act 1977.

Dated at Wellington this 20th day of December 2017.

Hon EUGENIE SAGE, Minister of Conservation.

Schedule 1

Description of Molesworth Recreation Reserve

[As per classification of reserve in the New Zealand Gazette, 14 July 2005, No. 108, page 2598, and declaration of conservation area as a reserve in the New Zealand Gazette, 7 July 2005, No. 105, page 2496]

Nelson Land District – Hurunui and Marlborough Districts

(Area ha 44,070.113) Parts Section 6, Square 70, situated in Rainbow, Wairau and Alma Survey Districts; Section 1, SO 15300 and Section 1, SO 15320.

Marlborough Land District – Marlborough District

(Area ha 84,280.820) Parts Run 226 and Run 227, situated in Molesworth, Barefell, Tone and Acheron Survey Districts; Section 1, SO 7206 and Section 1, SO 7202 and Crown river bed, being parts of the Awatere, Acheron and Clarence River Beds.

Canterbury Land District – Hurunui and Marlborough Districts

(Area ha 52,436.706) Parts Run 345, situated in the Severn, Alma and Percival Survey Districts; Section 1, SO 19494 and Crown river bed, being parts of the Acheron and Clarence River Beds.

Including all the marginal strips created by the granting of the lease from the Crown to Landcorp Farming Limited under the Land Act 1948, dated 11 May 2005.

Schedule 2

Description of sites within Molesworth Recreation Reserve, which are also indicated on the map in Schedule 3.

Departmental Huts	GIS coordinates indicating approximate location
Island Gully Hut	E1585630 N5333961
Sedgemere Sleepout Hut	E1591734 N5335170
Severn Hut	E1603040 N5343349
Saxton Hut	E1612548 N5344074
Lake McRae Hut	E1625874 N5329353
Elliot Bivvy	E1631551 N5329062

Designated campsites	Description of the campsite
Acheron Accommodation House	The area 200 metres in each direction from the coordinates E1596460 N5306303
Acheron Confluence Campsite	The area 100 metres in each direction from the coordinates E1597343 N5306530
Island Gully Hut	E1585630 N5333961
Sedgemere Sleepout Hut	E1591734 N5335170
Severn Hut	E1603040 N5343349
Saxton Hut	E1612548 N5344074
Lake McRae Hut	E1625874 N5329353
Elliot Bivvy	E1631551 N5329062

Other sites	Description of area
Big Eddy	The area within 150 metres of the point E1615407, N5313127

Station Operational Areas	Description of Station Operational Areas
Molesworth Homestead	The area shown on Map A in Schedule 4, approximately at the coordinates E1621420 N5340912
Guide	The area shown on Map B in Schedule 4, approximately at the coordinates E1606114 N5320962
Red Gate	The area shown on Map C in Schedule 4, approximately at the coordinates E1604093 N5335608
Bush Gully	The area shown on Map D in Schedule 4, approximately at the coordinates E1592626 N5305420
Tarndale	The area shown on Map E in Schedule 4, approximately at the coordinates E1594532 N5329443

Map E: Tarndale

Schedule 5

Campsite and Hut Fees

(1) All fees are GST-inclusive.

Campsite fees

(2) The nightly fee to stay at the Acheron Accommodation House campsite and the Acheron Confluence campsite, identified in Schedule 2, is:

$8 per adult (18 years and over);

$4 per child (5-17 years);

Free for children 0-4 years.

Note that there is no charge to camp outside a Departmental hut.

Hut fees

(3) The nightly fee for a person to stay in any Departmental hut, identified in Schedule 2, is the cost of one Standard Hut ticket per night or a Backcountry Hut Pass:

(a) Hut Tickets:

Adult (18 years and over): $5.00

Youth (11 years to 17 years): $2.50

Child under 11 years: Free

(b) Backcountry Hut Pass rates:

Period	Adult 18+ years	Youth 11 - 17 years	Child 5 - 10 years	Infant 0 - 4 years
6 months	$92	$46	Free	Free
12 months	$122	$61	Free	Free

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