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RECREATIONAL USE OF THE TOKORANGI AND WHAKAREWAREWA FORESTS INTERIM POLICY 2016 Managing recreaonal use of the Tokorangi and Whakarewarewa Forests

Recreational Use of the Tokorangi and Whakarewarewa ......Recreational Use of the Tokorangi and Whakarewarewa Forests INTERIM Policy Page 3 A One off Event/Activity is a celebration,

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Page 1: Recreational Use of the Tokorangi and Whakarewarewa ......Recreational Use of the Tokorangi and Whakarewarewa Forests INTERIM Policy Page 3 A One off Event/Activity is a celebration,

RECREATIONAL USE OF THE TOKORANGI AND WHAKAREWAREWA FORESTS INTERIM POLICY

2016 Managing recreational use of the Tokorangi and Whakarewarewa Forests

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Contents

1. INTRODUCTION ........................................................................................................................... 1

2. BACKGROUND ............................................................................................................................. 1

2.1 Forest Use, Ownership and Management .......................................................................................................................................................... 1

3. PURPOSE ..................................................................................................................................... 2

4. POLICY OBJECTIVES ..................................................................................................................... 2

5. DEFINITIONS ................................................................................................................................ 2

6. POLICY STATEMENTS ................................................................................................................... 3

6.1 Forest Access............................................................................................................................................................................................................... 3

6.2 Building of Tracks and Recreational Constructs ................................................................................................................................................ 3

6.3 One-Off Event/Activity Permit ............................................................................................................................................................................... 3

6.4 Concessions ................................................................................................................................................................................................................. 4

6.5 Risk Management ...................................................................................................................................................................................................... 4

6.6 One-off event/activity permits and concessions are not transferable ....................................................................................................... 4

6.7 Fees and charges ........................................................................................................................................................................................................ 4

6.7.1 One-off Event/Activity Permit fee structure ....................................................................................................................................... 5

6.7.2 Concession fee structure .......................................................................................................................................................................... 5

6.8 Insurance and Access Permits ................................................................................................................................................................................ 6

6.9 Report, monitoring and compliance ..................................................................................................................................................................... 6

6.10 Delegated authority........................................................................................................................................................................................... 6

6.10.1 One-off Events/Activities .......................................................................................................................................................................... 6

6.10.2 Concessions .................................................................................................................................................................................................. 6

6.11 Promotional Signage ......................................................................................................................................................................................... 7

7. POLICY REVIEW ........................................................................................................................... 7

APPENDIX 1. MAPS OF THE TOKORANGI (REDWOODS) AND WHAKAREWAREWA FORESTS.............. 8

APPENDIX 2. TOKORANGI AND WHAKAREWAREWA FOREST RECREATION MANAGEMENT ROLES AND RESPONSIBILITIES GUIDE .......................................................................................................... 10

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Recreational Use of the Tokorangi and Whakarewarewa Forests INTERIM Policy M A N A G I N G R E C R E A T I O N A L U S E O F T H E T O K O R A N G I A N D W H A K A R E W A R E W A F O R E S T S

1. INTRODUCTION The Policy has been developed in response to increasing levels of recreational activity taking place

in the Tokorangi (more commonly known as Redwoods Forest) and Whakarewarewa Forests. This

has resulted in it being necessary to put in place a process for managing recreational use of the

Forests to ensure the ongoing safety and enjoyment of all forest users. The Policy has been agreed

collaboratively between the Central North Island Iwi Land Management Limited, Tuhourangi Tribal

Authority, Ngati Whakaue, Timberlands Limited (on behalf of Kaingaroa Timberlands Partnership),

and the Rotorua Lakes Council (RLC). The Policy relates to the area covered by the Crown Forest

Licences (CFL) for Tokorangi and Whakarewarewa forests and the replacement forest right for

Whakarewarewa forest as shown on the maps in Appendix 1.

2. BACKGROUND

2.1 Forest Use, Ownership and Management

In 2009 the land underlying the forests was vested in Central North Island Iwi Holdings Limited

(CNIHL) as part of the Central North Island Iwi Settlement. Crown Forest Licences (CFL) remain in

place to manage the trees and activity on the land until the end of the termination period in 2044.

A replacement forestry right for the land that has been handed back after harvest is in place for

the Whakarewarewa forest.

The primary use of the Tokorangi and Whakarewarewa forests differs. Tokorangi Forest is

managed by RLC for its primary use as recreation. RLC manage the Redwoods Visitor Centre and

toilets, recreational tracks, roadways, permits, concessions and all other activity on the Tokorangi

Forest land.

The Whakarewarewa forest’s main use is commercial forestry. The trees within the

Whakarewarewa Forest area are managed by Timberlands Limited (TL) on behalf of Kaingaroa

Timberlands whose core business is forestry management and they currently manage the

Whakarewarewa Forest assets.

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The CFLs for both forests and the replacement forestry right contain covenants that provide for

public access for recreational purposes, limited to access on foot, on bicycle and on horseback. The

covenants state:

“…the public shall at all times during the term of this Licence have the right to enter and use the

Land for recreational purposes. Such entry shall, unless the Licensee expressly permits otherwise,

be limited to access on foot or on bicycle or on horseback.”

The Forests are an important recreational asset and are used by a significant number of users,

clubs and interest groups for a variety of different uses and activities including casual recreational

use, organised club activities, sporting events and a variety of commercial use.

3. PURPOSE To provide effective management for all current and future recreational activities taking place in

the Tokorangi and Whakarewarewa forests to ensure that ongoing recreational use of the forest

continues to be provided for in a way that ensures the ongoing safety of all users alongside

commercial forestry activity, and to protect the forest experience.

4. POLICY OBJECTIVES To ensure that any risk to recreational users of the Forests is eliminated or minimised as

far as reasonable practicable;

Ensure that only safe recreational service and associated providers operate within the

Forests;

Ensure that culturally significant sites are protected and cultural awareness is enhanced;

To ensure the ongoing protection of the intrinsic natural values of the Forests;

To ensure forest assets are protected;

Recreational use of the Forests, are coordinated and managed in respect to impacts on

other users;

Generate revenue for maintenance of tracks, assets and other purposes;

Minimise the impact of recreational use on commercial forest operations.

5. DEFINITIONS Commercial Use is individuals or businesses using the forests for profit or financial gain.

Community Use is not for profit organisations including community groups, recreational clubs and

charities using the Forests.

The Group means the Tokorangi and Whakarewarewa Recreation Management Group which

includes representatives from Central North Island Iwi Land Management Limited, TL and the RLC.

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A One off Event/Activity is a celebration, activity, service or display of an educational,

commemorative, exhibitive, recreational or competitive nature which occurs for a limited time and

is not considered a regularly scheduled happening.

An Ongoing/Long Term Activity is any organised reoccurring activity or service that is undertaken

in the Forests. This includes Events that are held on an annual basis.

The Forests means the area covered by the CFL for Tokorangi and Whakarewarewa forests and the

replacement forestry right for the Whakarewarewa forest.

6. POLICY STATEMENTS

6.1 Forest Access

All access to the Forests for the purposes of recreation will be managed in accordance with the

Crown Forest Licences and the Deed of Settlement and the replacement forestry right which

provide for public access on foot, on bicycle and on horseback. The purpose of protective covenant

No.2 of the Tokorangi CFL is to preserve and protect the natural and historic resources of the

Covenant Area and in particular to protect the scenic backdrop to Rotorua and to facilitate public

recreation.

Public access may be controlled including temporary closure or restriction of access to protect the

safety of the public, those working on the land or for the protection of the trees, buildings, plant,

equipment and related items.

6.2 Building of Tracks and Recreational Constructs

The building of new tracks or other recreational constructs is not permitted without the approval

of the Group. New tracks must be applied for through a Track Building Application to the Group.

Any applications to build new tracks or recreational constructs must be made by an approved

entity (e.g. the Rotorua Mountain Bike Club or the Rotorua Trails Trust).

6.3 One-Off Event/Activity Permit

A permit is required for all One off Events/Activities in the Forests. Permits are subject to fees and

charges. Event holders may be eligible to apply for a concession where it is intended to become an

annual event following the first year that the event has been held.

An event permit may not be required where an activity is considered minor in terms of its

potential impact on the land, the environment, cultural values or the health and safety of forest

users due its duration and/or size and is community use. In this instance a Community/Club

Activity – Minor Use form will be required to be completed.

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6.4 Concessions

A concession is required to undertake any Ongoing/Long Term Activity in the Forests. This includes

activities such as (but not limited to) shuttle services, bike hire, food vendors, outdoor education

and annually run events following the first year of the event.

The Group reserves the right to tender for activities where it is preferable to only have one or a

limited number of operators or service providers operating in the Forests.

Concessions are subject to fees and charges. The term of a concession and any conditions

including the ability to renew a concession are at the discretion of the Group and will be

considered on a case by case basis.

6.5 Risk Management

All parties who have an interest in the Forests, including recreational users, have a responsibility to

consult, co-operate and co-ordinate with regards to risk management and to identify, eliminate

and minimise risk as far as is reasonably practicable in accordance with each party’s ability to

influence and control recreational activity and use of the Forests. The roles and responsibilities of

all parties according to their level of influence and control with regards to managing risk is outlined

in associated documentation that is required to effectively implement the Policy and is

summarised in the table in Appendix 2.

All recreational activity and use in the Forests will be managed appropriately to eliminate or

minimise risk to all forest users in accordance with current legislation (e.g. Health & Safety at Work

Act 2015) and policies related to risk management and access to the Forests (e.g. permits,

insurance requirements, vehicle access conditions, etc.).

All applications for a One-off Event/Activity permit or a concession and for activities requiring a

Community/Club Activity – Minor Use form must include a risk management plan which

appropriately reflects the level of risk associated with the event or activity. For some events and

activities risk management plans will be required to be certified by an approved safety auditor

where the risk associated with the event or the activity is considered to be high. All health and

safety “notifiable events” (refer Health & Safety at Work Act 2015) that occur during an approved

event or concession activity must be reported to RLC & TL as soon as possible.

6.6 One-off event/activity permits and concessions are not

transferable

One-off Event/Activity permits and concessions are issued to a person, business or organisation

exclusively and are not transferrable to any other individual, business or organisation or event.

A new One-off Event/Activity permit or concession application will be required where there is a

change in the event permit or concession holder.

6.7 Fees and charges

Fees and charges are set and charged according to the fee structure shown below.

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If monitoring the effects of your event or activity is required you will be charged a monitoring fee to recover costs.

This will also include any costs associated with repair or maintenance required to tracks as a result of your event/activity.

Monitoring fee

This is based on the number of participants . It is designed to increase charges as the impact on other users and the physical environment increases.

It would be set in conjunction with event fee so as not to 'double dip' on charges based on impact.

User fee

This fee is for issuing permission for the event/activity. The charge can vary and be tailored for each activity.

It can be called an 'Activity Fee'. It takes into consideration that some activities impact the forests more than others.

Event/Activity fee

A standard fee charged for processing of the application. It is a flat fee for events/activities. It is charged regardless of whether the event /activityis approved or not.

Application Fee

If monitoring the effects of your activity is required you will be charged a monitoring fee to recover costs.

This will also include any costs associated with repair or maintenance required to tracks as a result of your activity.

Monitoring Fee

This is based on the number of participants. It is designed to increase charges as the impact on other users and the physical environment increases.

It is set in conjunction with the concession fee to not 'double dip' on charges based on impact.

User fee

Your annual concession fee will cover any time required to administer the concession and includes a maintenace component to ensure ongoing maintenace of forest tracks and facilities.

It takes into consideration that some activities impact the forests more than others.

Annual Concession fee

A standard fee charged for processing of the application. It is a flat fee for processing of concessions. It is charged regardless of whether the concession is approved or not.

Application Fee

Charges for events and concessions for community uses will be less than that of commercial uses.

This recognises the community benefit of non-commercial activities and to encourage community

use of the Forests without the hindrance of affordability.

Fees and charges can be reviewed at any time. Discretion is retained by the Group to reduce or

waive fees where it is considered appropriate.

6.7.1 One-off Event/Activity Permit fee structure

6.7.2 Concession fee structure

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6.8 Insurance and Access Permits

Any One-off Event/Activity permit and concession will be subject to requirements for public

liability insurance and any relevant vehicle access permits. The amounts of insurance will be

established by the Group.

6.9 Report, monitoring and compliance

One-off Event/Activity permit holders and those parties who hold a concession to run an annual

event will be required to provide an event/activity reconciliation no later than 10 days after each

event which includes details of participant numbers and a health and safety report which contains

a record of all health and safety incidents. Concession holders for activities other than for events

will be required to provide reporting at a minimum of a bi-annual basis in accordance with the

requirements of individual concession agreements.

Where it is considered necessary, at the discretion of the Group, monitoring of events and

concession activities will be undertaken to ensure compliance with risk management and that the

potential impacts on the land, the environment, forest assets or cultural values of the Forests or

other users is eliminated or minimised.

One-off Event/Activity and concession agreements may be terminated as a result of non-

compliance with any of the conditions contained in a One-off Event/Activity or concession

agreement.

Information on the number, type and frequency of events and activities and relevant health and

safety matters will be reported back to the Group by RLC on a regular basis.

6.10 Delegated authority

6.10.1 One-off Events/Activities

Authority is delegated to the RLC and TL as forest managers to approve applications for any One

off Events/Activities except where it is considered that the potential impact of the event or activity

on the land, the environment, forest assets, cultural values or the health and safety of forest users

is likely to be significant or where the economic value of the event or activity is considered

significant. In this instance applications for any One off Events/Activities will be referred to the

Group for consideration. Where there is any uncertainty with regards to the potential impact of a

One off Event/Activity, the application will be referred to the Group for consideration.

6.10.2 Concessions

Authority is delegated to RLC and TL as forest managers to approve concessions for a maximum of

two years for sport and recreation events which have previously been approved by the Group or

for new sport and recreation events which are similar in their nature, size and potential impact to

sport and recreation events which have previously been approved by the Group.

For all other concession applications or where the term of a concession for an annual sport and

recreation event is being sought for longer than two years, consultation with the Group must be

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undertaken prior to the concession being approved to ensure that any potential impact on the

land, the environment, health and safety, forest assets or cultural values of the Forests can be

considered.

All concession applications approved under delegated authority will be reported back to the Group

at the bi-annual meetings.

6.11 Promotional Signage

The large number of events and concession activities occurring in the Forests has the potential to

result in a proliferation of promotional signage. Promotional signage is only permitted for

approved events and concession activities in designated areas only and in accordance with the

following criteria:

Only one sign to be located in each designated signage area;

The maximum size of each sign will be no bigger than 1.2m x 1.2m and the signs any form

of attachment (e.g. nails or staples etc.) are to be removed immediately following the

completion of the event.

Note: This relates to promotional signage only. The type, number and location of any safety

signage associated with events or concessions will be considered as part of the application

process.

6.12 Power Assisted Bicycles (e -bikes)

The use of e-bikes in the Forests is restricted to e-bikes with a maximum power not exceeding

300W and that are designed to be primarily propelled by the muscular energy of the rider. Where

a risk is identified, the use of specific tracks by e-bikes may be restricted from time to time.

6.13 RPAS, UAV, UAS, Drones and Model Aircraft

Permission is required from RLC and TL as forest managers for the use of RPAS, UAV, UAS, Drones

and Model Aircraft in the Forests. Where necessary this may include a requirement to obtain a

One-off Event Activity Permit.

7. POLICY REVIEW The Policy will be reviewed on an annual basis but can be reviewed earlier at the discretion of the

Group.

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APPENDIX 1. MAPS OF THE TOKORANGI (REDWOODS) AND WHAKAREWAREWA FORESTS

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APPENDIX 2. TOKORANGI AND WHAKAREWAREWA FOREST RECREATION MANAGEMENT ROLES AND RESPONSIBILITIES GUIDE Organisation name Primary role Recreational management role

CNI Iwi Holdings Limited Board made up of Crown and representatives from each of the 8 PSGE's (iwi groups

within the CNI Iwi Collective). Receive, distribute and safeguard assets on behalf of

the Collective. Acts in the best interests of the beneficiaries and holds CNIILML to

account for performance. Operate under the Deed of Settlement and Trust Deed and

Shareholders’ Agreement.

Have a Management Agreement with CNIILM to manage any activity and assets in relation to the land. Sets strategic direction and priorities, approval of Interim Recreational Use Policy and subsequent recreational management

policies/agreements and processes and holds CNIIHL accountable to ensure implementation of the policies. Monitors and

evaluates performance of CNIILM including their management of recreational management policies and processes via

reporting mechanisms. No direct operational management of land or assets.

CNI Iwi Land Management

Limited

Land managers, delegated day to day oversight over management and operations in

relation to the land (Tokorangi and Whakarewarewa Forests) according to

Management Agreement with CNIIHL. Collecting CFL rent and other revenue,

advising, developing and making recommendations for commercial use, ensure

compliance by CFL holders and legislation/agreements are adhered to. Managing

land area return process.

Accountable to the CNIILM board and provide suitable reporting to enable the board to effectively monitor CNIILM’s performance and the performance of CFL's holders in relation to Interim Recreational Use Policy and subsequent recreational management policies/agreements. Ensuring CFL holders are managing according to CFLs. Work with CFL holders to develop further management documents/policies/processes to manage recreational activity,

provide suitable reporting and address any issues.

Kaingaroa Timberlands

Partnership

Whakarewarewa Forest asset owners under CFL. Supply of logs to the domestic

processing industry and export market. Ensure TL manages assets in a profitable and

sustainable manner and provides acceptable return to shareholders.

Ensure TL manage under terms and conditions of the CFL. Holds TL accountable to ensure implementation of the Interim

Recreational Use Policy and subsequent policies. Monitors and evaluates performance of TL including their management of

recreational management policies and process via reporting mechanisms. No direct operational management of land or

assets.

The Group Made up of representatives from CNIILM, TL and RLC to improve communication and consultation and co-ordinate decision making about recreational management and influencing factors relevant to the parties they represent.

Make collective decisions on management of recreational activity whilst making sure they meet the roles and responsibilites

of the organisation they represent. Collaboratively developing the Interim Recreational Use Policy and subsequent

recreational management Policies/agreements and will use these and the associated documentaion as a basis for assessing

activity applications, reviewing performance and dealing with issues through reporting mechanisms. This group will review the

efectiveness of the policies and provide a link back to own their organisation.

Timberlands Limited Whakarewarewa forestry asset managers under CFL on behalf of Kaingaroa Timberlands (and ultimately CNIIHL). Manage forest assets in a profitable and sustainable manner. Provide acceptable

returns to forest owners in accordance with management agreements.

Manage forest under CFL conditions, Management Agreement with Kaingaroa Timberlands, Interim Recreational Use Policy

and subsequent recreational management policies/agreements and processes, including suitable reporting to CNIILM.

Manage forestry activity/contractors taking into account recreational use. Work with other parties to address any areas of

concern. Responsible for workforce compliance and monitoring.

Rotorua Lakes Council Tokorangi Forest asset owners and managers under CFL. Work with all parties to

manage recreation within Tokorangi and Whakarewarewa Forests for the benefit of

owners, forest managers, commercial businesses and general recreational users.

Manage forest under CFL conditions. Manage forestry activity/contractors and recreational assets and activity according to

Interim Recreational Use Policy and subsequent recreational management policies/agreements and processes including

suitable reporting to CNIILM. Work with other parties and recreational users to address any areas of concern. Direct interface

with recreational users and responsible for implementation of Interim Recreational Use Policy and subsequent policies,

monitoring of compliance and communication.

Contractors and workers Undertake works within the forest. Undertake work as per agreed contract with reporting to relevant forest managers. Communicate and work cooperatively

with all parties to factor in forestry activity and other recreational use of the forest.

Permit/ Lease holders Provide/manage activity to customers. Provide/manage and report on activity/service as per permit or lease agreement and any agreed policies developed by the

Group or forestry managers. Communicate and work cooperatively with all parties to factor in forestry activity and other

recreational use of the forest.

Recreational or sports clubs Provide activity for club members for enjoyment and to increase participation in the

given sport/recreational activity. This may include organised activity and events that

invite public participation.

Manage club members activity within the forest according to access provisions to the forest. Manage organised activity and events according to the Interim Recreational Use Policy and subsequent policies developed by the Group or forest managers and any permits should they be required. Provide information and advice to members about recreational opportunities, access conditions/restrictions, risks/hazards,

way finding, trail information etc.

General recreational users Recreational enjoyment of the forest. Be informed about recreational opportunities, access conditions/restrictions, risks/hazards, way finding, weather, trail

information etc. Take responsibility for undertaking recreational activity accordingly and to the level of their own ability and

fitness.

Maintenance volunteers Undertake track maintenance as a community benefit. Undertake maintenance activity as agreed with and meeting requirements of forest managers/supervisor/contractor and the

Interim Recreational Use Policy and subsequent policies developed by the Group or forestry managers.

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