Concession Document
(Grazing Licence)
Concession Number: xxxxx-GRA
THIS CONCESSION is made this
  day of    20
PARTIES:
Minister of Conservation (the Grantor)
xxxxxxxxxxxxxxxxxxx  (the Concessionaire)
BACKGROUND
A.
The Department of Conservation ("Department") Te Papa Atawhai is responsible for
managing and promoting conservation of the natural and historic heritage of New
Zealand on behalf of, and for the benefit of, present and future New Zealanders.
B.
The Department is under the control of the Grantor.INFORMATION ACT
C.
The carrying out of these functions may result in the Grantor granting concessions to
carry out activities on public conservation land.
D.
The Grantor administers the public conservation land described in Schedule 1 as the
Land.
E.
The Conservation legislation applying to the Land authorises the Grantor to grant a
concession over the Land.
F.
The Concessionaire wishes to carry out the Concession Activity on the Land subject to
the terms and conditions of this Concession.
G.
The Concessionaire acknowledges that the land may be the subject of Treaty of
THE OFFICIAL
Waitangi claims.
H.
The parties wish to record the terms and conditions of this Concession and its
Schedules.
OPERATIVE PARTS
UNDER
I.
In exercise of the Grantor's powers under the Conservation legislation  the Grantor
GRANTS to the Concessionaire a GRAZING LICENCE to carry out the Concession
Activity on the Land subject to the terms and conditions contained in this Concession
and its Schedules.
Select one of the following options
Select one only of the following
below and delete the other
execution clauses and delete the other
RELEASED
four
If decision maker is signing an original
copy use this option
1. Individual

Concession Number: 69412-GRA

_______________________
___________________________
SIGNED on behalf of the Minister of
SIGNED by  [insert name of Concessionaire if
Conservation by [insert name and title of
an individual]
delegate] acting under delegated authority

in the presence of:
in the presence of:

ACT
_________________________
_________________________
Witness Signature
Witness Signature
Witness Name: ___________________  Witness Name: ____________________
Witness Occupation:_________________  Witness Occupation:__________________
Witness Address: __________________
Witness Address: ___________________

2.  Company with more than one
Director
INFORMATION
OR

If decision maker is signing by way of
electronic signature, use this option

OFFICIAL

_______________________________
[INSERT DIGITAL SIGNATURE]
SIGNED for [insert name of Company] Limited
_______________________
by:
SIGNED on behalf of the Minister of
Director
THE
Conservation by [insert name and title of
Name
delegate] acting under delegated authority
AND
in the presence of:

UNDER

[INSERT DIGITAL SIGNATURE]
_______________________________
________________________
SIGNED for [insert name of Company] Limited
Witness Signature
by:

Director
Name

A copy of the Instrument  of Delegation may
be inspected at the Director-General’s office
RELEASED
at 18-22 Manners Street, Wellington.
3.  if you have checked the Company
records at the Company’s office and
have confirmed that the Company
has only one Director

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Concession Number: 69412-GRA

_______________________________
SIGNED for [insert name of Company] Limited
by its Director [insert name]
in the presence of:

ACT
_______________________________
Witness Signature
Witness Name: ____________________
Witness Occupation:__________________
Witness Address: ____________________
4.  Partnership
INFORMATION

____________________________
SIGNED on behalf of [insert name of
partnership]  by  [insert name of authorised
OFFICIAL
signatory]

in the presence of:
THE

_______________________________
UNDER
Witness Signature
Witness Name: ____________________
Witness Occupation:__________________
Witness Address: ___________________
RELEASED

5.  Incorporated Society
The seal of [insert name of Incorporated
Society] was affixed in the presence of :

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Concession Number: 69412-GRA

_______________________________
Authorised Signatory
Name

ACT

_______________________________
Authorised Signatory
Name

INFORMATION
OFFICIAL
THE
UNDER
RELEASED

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Concession Number: 69412-GRA

SCHEDULE 1
As marked on the attached plan or map in Schedule 4
Physical description/ Common name:
Land
Land Status:
1.
(Schedule 4)
Area:
Legal description:
Map reference:
ACT
Concession Activity
2.
Grazing Licence - more specifically set out in Schedule 3.
(clause 2)
Term
3.
_________years________ months commencing on
(clause 3)
Renewal(s)
4.
None
(clause 3)
INFORMATION
Final Expiry Date
5.

(clause 3)
Concession Activity Fee:
$xxx per annum plus GST
Concession Fee
Annual Management Fee:
6.
OFFICIAL
(clause 4)
$xxx per annum plus GST
Annual Environmental Monitoring Fee:
$xxx
THE  plus GST / not required
Concession Fee
Payment
7.
Insert: Annually, quarterly, or named dates for activity
Instalments
returns
(clause 4)
UNDER
Concession Fee
8.
Payment Date(s)
Insert concession anniversary date or named dates for fee
payment
(clause 4)
Penalty Interest
9.
Rate
Double the current Official Cash Rate (OCR).  See Reserve
Bank of New Zealand website
(claus
RELEASED e 4)
Concession Fee
10.
Review Date(s)
Insert 3 year anniversary date or the date if review is to be
earlier
(clause 5)

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Concession Number: 69412-GRA

Health and Safety
11.
Audited Safety Plan: Required / Not required
(clause 13)
Types and amounts:
Insurance
Public Liability Insurance for general indemnity for an
amount no less than $1,000,000.00; and
12.
(To be obtained by
Concessionaire)
Third party vehicle liability for an amount no less than
(clause 12)
$500,000.00. delete if no vehicle involved in activity ACT
(add any other insurances as required)
The Grantor’s address is:
Addresses for
NB: Use street address
13.
Notices
Permissions team email address
(clause 22)
XXX Permissions Team
Office address
The Concessionaire’s address in New Zealand is:
INFORMATION
NB: Use street address

Special Conditions
14.
See Schedule 3
(clause 25)
OFFICIAL
Processing Fee
15.
$XXX + GST
(clause 4)
THE

Note:  The clause references are to the Minister of Conservation’s Standard Terms and Conditions
for Grazing Licences set out in Schedule 2.

UNDER

RELEASED

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Concession Number: 69412-GRA

SCHEDULE 2

STANDARD TERMS AND CONDITIONS FOR GRAZING LICENCES

1.
Interpretation

1.1
The Concessionaire is responsible for the acts and omissions of its employees,
contractors, agents, clients and invitees (excluding other members of the public
accessing the Land). The Concessionaire is liable under this Concession for any
breach of the terms of the Concession by its employees, contractors, agents,
clients and invitees (excluding other members of the public accessing the ACT
Land), as if the breach had been committed by the Concessionaire.

1.2
Where this Concession requires the Grantor to exercise a discretion or give any
approval or provides for any other actions by the Grantor, then the Grantor
must act reasonably and within a reasonable time. When a consent is required
under this Concession such consent must not be unreasonably withheld.

2.
What is being authorised?

2.1
The Concessionaire is only allowed to use the Land for the Concession Activity.

INFORMATION
2.2
The Concessionaire must not commence the Concession Activity until the
Concessionaire has signed the Concession Document and returned one copy of
this Document to the Grantor, as if it were a notice to be given under this
Concession.

3.
How long is the Concession for - the Term?

3.1
This Concession commences on the date set out in Item 3 of Schedule 1 and
OFFICIAL
ends on the Final Expiry Date specified in Item 5 of Schedule 1.

3.2
If there is a right of renewal then the Grantor at the Concessionaire’s cost must
THE
renew the Term for a further period as set out in Item 4 of Schedule 1 provided
the Concessionaire:
(a) gives the Grantor at least three month’s written notice before the end of
the Term, which notice is to be irrevocable, of the Concessionaire’s
intention to renew this Concession; and
UNDER
(b) at the time notice is given in accordance with this clause the
Concessionaire is not in breach of this Concession.

3.3
The renewal is to be on the same terms and conditions expressed or implied in
this Concession except that the Term of this Concession plus all further renewal
terms is to expire on or before the Final Expiry Date.

4.
What are the fees and when are they to be paid?
RELEASED

4.1
The Concessionaire must pay the Processing Fee (Item 16 of Schedule 1) to the
Grantor in the manner directed by the Grantor. Except where the Grantor’s
written consent has been given, the Concessionaire cannot commence the
Concession Activity until the Processing Fee has been paid.

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Concession Number: 69412-GRA

4.2
The Concessionaire must pay to the Grantor in the manner directed by the
Grantor the Concession Fee (which includes the Annual Activity Fees, the
Management Fee, and the Environmental Monitoring Fee) plus GST in the
instalments and on the Concession Fee Payment Dates specified in Items 6, 7
and 8 of Schedule 1.

4.3
If the Concessionaire fails to make payment within 14 days of the Concession
Fee Payment Date then the Concessionaire is to pay interest on the unpaid
Concession Fee from the Concession Fee Payment Date until the date of
payment at the Penalty Interest Rate specified in Item 9 of Schedule 1.

ACT
5.
When can the fees be reviewed?
5.1
The Grantor is to review the Concession Fee  on the Concession Fee Review
Date stated in Item 10 of Schedule 1. The new Concession Fee is to be the
market value of the Concession Activity carried out on the Land having regard
to the matters set out in section 17Y(2) of the Conservation Act 1987.

5.2
Both parties are to agree on the new fee within 30 working days of the Grantor
giving the Concessionaire written notice of the review.

5.3
If the parties cannot so agree then each party is to appoint a Registered Valuer
who must meet and agree on the new fee.  If the Registered Valuers fail to reach
INFORMATION
agreement the new fee is to be determined by an umpire appointed by the two
Registered Valuers. Each party is to bear that party’s own costs and half the
costs of the umpire (if any).

6.
Are there any other charges?

6.1
The Concessionaire must pay all levies rates and other charges, including utility
OFFICIAL
charges payable in respect of the Land or for the services provided to the Land
which relate to the Concessionaire’s use of the Land or the carrying on of the
Concession Activity. Where the Grantor has paid such levies, rates or other
charges the Concessionaire mus
THE  t on receipt of an invoice from the Grantor pay
such sum to the Grantor within 14 days of receiving the invoice. If payment is
not made within the 14 days then the Concessionaire is to pay interest on the
unpaid sum from the date payment was due until the date of payment at the
Penalty Interest Rate specified in Item 9 of Schedule 1.

7.
When can the Conc
UNDER ession be assigned?

7.1
The Concessionaire must not transfer, sub licence, assign, mortgage or
otherwise dispose of the Concessionaire’s interest under this Concession or any
part of it (which includes the Concessionaire entering into a contract or any
other arrangement whatsoever whereby the Concession Activity would be
carried out by a person (called the assignee) other than the Concessionaire)
without the prior written consent of the Grantor.

RELEASED
7.2
The Grantor may in the Grantor’s discretion decline any application for consent
under clause 7.1.

7.3
Sections 17P, 17S, 17T, 17U, 17W, 17X, 17ZB and 17ZC of the Conservation Act
1987 apply to applications for consent under this clause unless the Grantor, in
the Grantor’s discretion, decides otherwise.

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Concession Number: 69412-GRA

7.4
If the Grantor gives consent under this clause then the Concessionaire remains
liable to observe and perform the terms and conditions of this Concession
throughout the Term and is to procure from the Assignee a covenant to be
bound by the terms and conditions of this Concession.

7.5
The Concessionaire must pay the costs reasonably incurred by the Grantor
incidental to any application for consent, whether or not such consent is
granted.

7.6
Any change in the shareholding of the Concessionaire altering the effective
control of the Concessionaire is to be deemed to be an assignment and requires  ACT
the consent of the Grantor.

8.
What are the obligations to protect the environment?

8.1
The Concessionaire must not cut down or damage any vegetation; or damage
any natural feature or historic resource on the Land; or light any fire on the
Land without the prior consent of the Grantor.

8.2
The Concessionaire must use and manage the Land in a good and husband like
manner, and not impoverish or waste its soil.

8.3
The Concessionaire must keep the Land free from plant and animal pests and
INFORMATION
must comply with the Biosecurity Act 1993 and relevant pest management
strategies.

8.4
The Concessionaire must not bury

(a)
any toilet waste within 50 metres of a water source on the Land; or

OFFICIAL
(b)
any animal or fish or any part thereof within 50 metres of any water
body, water source or public road or track.

9.
Can crops be planted?
THE

9.1
If authorised by the Grantor to grow crops on the Land then, 6 months prior to
the expiry of the Term, the Concessionaire must sow the Land with grass seed
and apply fertiliser to the satisfaction of the Grantor.

10.
When can structures be erected?
UNDER

10.1
The Concessionaire must not place any Structures on the Land not alter the
Land without the prior written consent of the Grantor.

10.2
The Concessionaire must keep all Structures, buildings, fences, gates, drains
and other  improvements now or hereafter upon the Land, in good order,
condition and repair and must keep the land in a clean and tidy condition and
must not store hazardous materials on the Land, or store other materials on the
RELEASED
Land where they may obstruct the public or create a nuisance.

11.
What if the Concessionaire wishes to surrender the Concession?

11.1
If the Concessionaire wishes to surrender this Concession during the currency
of the Term, then the Grantor may accept that surrender on such conditions as
the Grantor considers appropriate.

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Concession Number: 69412-GRA

12.
What are the liabilities and who insures?

12.1
The Concessionaire agrees to use the Land at the Concessionaire’s own risk and
releases to the full  extent permitted by law the Grantor and the Grantor's
employees and agents from all claims and demands of any kind and from all
liability which may arise in respect of any accident, damage or injury occurring
to any person or property in or about the Land.

12.2
The Concessionaire must indemnify the Grantor against all claims, actions,
losses and expenses of any nature which the Grantor may suffer or incur or for  ACT
which the Grantor may become liable arising from the Concessionaire’s
performance of the Concession Activity.

12.3
This indemnity is to continue after the expiry or termination of this Concession
in respect of any acts or omissions occurring or arising before its expiry or
termination.

12.4
Without prejudice to or in any way limiting its liability under this clause 12 the
Concessionaire at the Concessionaire’s expense must take out and keep current
policies for insurance and for the amounts not less than the sums stated in
Item 12 of Schedule 1 with a substantial and reputable insurer.

INFORMATION
12.5
The Grantor may on each  Concession Fee Review Date on giving 10 working
day’s notice to the Concessionaire alter the amounts of insurance required
under clause 12.4. On receiving such notice the Concessionaire must within 10
working days take out and keep current policies for insurance and for the
amounts not less than the sums specified in that notice.

12.6
The Concessionaire must, provide to the Grantor within 5 working days of the
OFFICIAL
Grantor so requesting:
(a)  details of any insurance policies required to be obtained under this
Concession, including any renewal policies if such renewal occurs during
the Term; and/ or;
THE
(b)  a copy of the current certificate of such policies.

13.
What about Health and Safety?

13.1
The Concessionaire must exercise the rights granted by this Concession in a
safe and reliable manner and must comply with the Health and Safety at Work
UNDER
Act  2015  and its regulations and all other provisions or requirements of any
competent authority relating to the exercise of this Concession. The
Concessionaire must comply with its safety plan (if one is required in Item 11 of
Schedule 1), and with any safety directions of the Grantor.

13.2
Before commencing the Concession Activity the Concessionaire must, where
the Concessionaire has Qualmark or Outdoorsmark certification, provide the
Grantor with a copy of that certification.
RELEASED

13.3
If the Concessionaire does not hold Qualmark or Outdoorsmark certification
then before commencing the Concession Activity the Concessionaire must, if
required by Item 11 of Schedule 1:
(a) prepare a safety plan;

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Concession Number: 69412-GRA

(b) have it audited by a suitably qualified person approved by the Grantor; and
forward to the Grantor a certificate from the auditor certifying that the
safety plan is suitable for the Concession Activity; and
(c)  the Concessionaire must obtain from the auditor details as to when the
safety plan is to be re-audited. The Concessionaire must comply with any
such requirement to re-audit and forward a copy of the re-audit certificate
to the Grantor within 5 working days of the certificate being issued.
13.4
For any Concession Activity that is subject to the Health and Safety at Work
(Adventure Activities) Regulations  2016,  proof of registration with WorkSafe
New Zealand will satisfy the Grantor’s requirement under clause 13.3(b).
ACT

13.3
The Grantor may at any time request the Concessionaire to provide the Grantor
with a copy of the current safety plan in which case the Concessionaire must
provide the copy within 10 working days of receiving the request.

13.4
Receipt of the certified safety plan by the Grantor is not in any way to limit the
obligations of the Concessionaire under clause 11 and is not to be construed as
implying any responsibility or liability on the part of the Grantor.

13.5
The Concessionaire must:

(a)
notify the Grantor of any natural events or activities on the Land or the
INFORMATION
surrounding area which may endanger the public or the environment;
(b)
take all practicable steps to protect the safety of all persons present on
the Land and must, where necessary, erect signposts warning the
public of any dangers they may encounter as a result of the
Concessionaire's operations;
(c)
take all practicable steps to eliminate any dangers to the public and
OFFICIAL
must clearly and permanently mark any that remain and of which the
Concessionaire is aware;
(d)
record and report to the Grantor all accidents involving serious harm
THE
within 24 hours of their occurrence and forward an investigation
report within 3 days of the accident occurring;
(e)
ensure that all contracts between the Concessionaire and any
contractors contain, at a minimum, the same requirements as clause
11;
UNDER
(f)
be satisfied that facilities or equipment provided by the Grantor to
enable the Concession Activity to be carried out meet the safety
requirements of the Concessionaire;
(g)
not bring onto the Land or any land administered by the Department
any dangerous or hazardous material or equipment which is not
required for purposes of the Concession Activity; and if such material
or equipment is required as part of the Concession Activity, the
Concessionaire must take all practicable steps at all times to ensure
RELEASED  that the material or equipment is treated with due and proper care.

14.
What are the compliance obligations of the Concessionaire?

14.1
The Concessionaire must comply where relevant:
(a)  with the provisions of any conservation management strategy or
conservation management plan under the Conservation Act 1987 or Part

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Concession Number: 69412-GRA

IIA of the Reserves Act 1977, or any general policy statement made under
the Conservation Act 1987, Reserves Act 1977, National Parks Act 1980,
or Wildlife Act 1953, or management plan under section 45 of the
National Parks Act 1980, whichever is appropriate to the Land, together
with any amendment or review  of any policy, strategy or plan whether
approved before, on, or after the date on which this Concession takes
effect; and
(b)  with the Conservation Act 1987, the Reserves Act 1977, the National
Parks Act 1980, Wildlife Act 1953 and any other statute, ordinance,
regulation, bylaw, or other enactment (collectively the “Legislation”)
affecting or relating to the Land or affecting or relating to the Concession  ACT
Activity, including any regulations made under the Conservation Act
1987 and Wildlife Act 1953 or bylaws made under the Reserves Act 1977
or the National Parks Act 1980; and
(c)  with all notices and requisitions of any competent authority affecting or
relating to the land or affecting or relating to the conduct of the
Concession Activity; and
(d)  with all Department signs and notices placed on or affecting the Land

14.2
The Concessionaire must comply with this Concession.

INFORMATION
14.3
A breach or contravention by the Concessionaire of a relevant conservation
management strategy, conservation management plan, management plan or
any statement of general policy referred to in clause 14.1 (a) is deemed to be a
breach of this Concession.

14.4
A breach or contravention by the Concessionaire of any Legislation affecting or
relating to the Land or affecting or relating to the Concession Activity is
deemed to be a breach of this Concession.
OFFICIAL

15.
When can the Concession be suspended?

THE
15.1
If, in the Grantor’s opinion, there is a temporary risk to any natural or historic
resource on or in the vicinity of the Land or to public safety whether arising
from natural events such as earthquake, land slip, volcanic activity, flood, or
arising in any other way, whether or not from any breach of the terms of this
Concession on the part of the Concessionaire, then the Grantor may suspend
this Concession.
UNDER

15.2
If, in the Grantor’s opinion, the activities of the Concessionaire is having or
may have an adverse effect on the natural, historic or cultural values or
resources of the Land and the Grantor considers that the effect can be avoided,
remedied or mitigated to an extent satisfactory to the Grantor, then the
Grantor may suspend this Concession until the Concessionaire avoids,
remedies or mitigates the adverse effect to the Grantor’s satisfaction.

15.3
The Grantor may suspend the Concession for such period as the Grantor
RELEASED
determines where the Concessionaire has breached any terms of this
Concession.

15.4
The Grantor may suspend this Concession while the Grantor investigates any of
the circumstances contemplated in clauses 15.1 and 15.2 and also while the
Grantor investigates any potential breach or possible offence by the
Concessionaire, whether or not related to the Concession Activity under the

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Concession Number: 69412-GRA

Conservation Act 1987 or any of the Acts mentioned in the First Schedule of
that Act.

15.5
The word “investigates” in clause 15.4 includes the laying of charges and
awaiting the decision of the Court.

15.6
During any period of temporary suspension arising under clauses 15.1 or 15.2
the Concession Fee payable by the Concessionaire is to abate in fair proportion
to the loss of use by the Concessionaire of the Land.

15.7
The Grantor is not to be liable to the Concessionaire for any loss sustained by  ACT
the Concessionaire by reason of the suspension of the Concession under this
clause 15 including loss of profits.

16.
When can the Concession be terminated?

16.1
If:
(a)  the Concessionaire breaches any of the conditions of this Concession; or
(b)  the whole or any part of the Land is required for the Grantor’s use
the Grantor may terminate this Concession at any time in respect of the whole
or any part of the Land. Before so terminating the Grantor must give the
INFORMATION
Concessionaire either
(c)  one calendar month's notice in writing; or
(d)  such other time period which in the sole opinion of the Grantor appears
reasonable and necessary
of the Grantor’s intention so to terminate this Concession. If this Concession is
terminated then the Grantor, at the Grantor’s sole discretion, may adjust the
OFFICIAL
Concession Fee payable or refund any Concession Fee paid in advance.

17.
What are the Grantor’s Rights to remedy defaults?

THE
17.1
The Grantor may choose to remedy at any time without notice any default by
the Concessionaire under this Concession. Where that occurs, the
Concessionaire must pay forthwith on demand all reasonable costs incurred by
the Grantor in remedying such default.

18.
What happens on termination or expiry of the Concession?
UNDER

18.1
On expiry or termination of this Concession, either as to all or part of the Land,
the Concessionaire is not entitled to compensation for any Structures or other
improvements placed or carried out by the Concessionaire on the Land.

18.2
The Concessionaire may, with the Grantor’s written consent, remove any
specified Structures, fences, gates, drains and other improvements on the
Land. Removal under this clause must occur within the time specified by the
RELEASED
Grantor and the Concessionaire is to make good any damage and leave the
Land in a clean and tidy condition.

18.3
The Concessionaire must, if the Grantor gives written notice, remove any
specified Structures, fences, gates, drains and other improvements on the
Land. Removal under this clause must occur within the time specified by the

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Concession Number: 69412-GRA

Grantor and the Concessionaire is to make good any damage and leave the
Land in a clean and tidy condition.

19.
When is the Grantor’s consent required?

19.1
Where the Grantor’s consent or approval is expressly required  under this
Concession then the Concessionaire must seek that approval or consent for
each separate time it is required even though the Grantor may have given
approval or consent for a like purpose on a prior occasion. Any such consent or
approval may be made on such conditions as the Grantor considers
appropriate.
ACT

20.
Are there limitations on public access and closure?

20.1
The Concessionaire acknowledges that the Land is open to the public for access
and that the Grantor may close public access during periods of high fire hazard
or for reasons of public safety or emergency.

21.
How will disputes be resolved?

21.1
If a dispute arises between the parties in connection with this Concession the
parties must, without prejudice to any other rights or entitlements they may
have, attempt to resolve the dispute by agreement using informal dispute
INFORMATION
resolution techniques such as negotiation, mediation, independent expert
appraisal or any other alternative dispute resolution technique. The rules
governing any such technique adopted are to be agreed between the parties.

21.2
If the dispute cannot be resolved by agreement within 14 days of written notice
by one party to the other (or such further period as the parties may agree to in
writing) either party may refer the dispute to the Disputes Tribunal, where
OFFICIAL
relevant, or to arbitration which arbitration is to be carried out in accordance
with the provisions of the Arbitration Act 1996.

21.3
If the parties do not agree on an arbitrator within 10 working days of a party
THE
giving written notice of the requirement to appoint an arbitrator the President
of the New Zealand Law Society is to appoint the arbitrator.  In either case the
arbitrator must not be a person who has participated in an informal dispute
resolution procedure in respect of the dispute.

21.4
The arbitrator must include in the arbitration award reasons for the
UNDER
determination.

21.5
Despite the existence of a dispute, each party must continue to perform its
obligations under this Concession.

22.
How are notices sent and when are they received?

22.1
Any notice to be given under this Concession is to be in writing and made by
RELEASED
personal delivery, fax, by pre paid post or email to the receiving party at the
address, fax number or email address specified in Item 13 of Schedule 1. Any
such notice is to be deemed to have been received:
(a)  in the case of personal delivery, on the date of delivery;
(b)  in the case of fax, on the date of dispatch;
(c)  in the case of post, on the 3rd working day after posting;

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Concession Number: 69412-GRA

(d) in the case of email, on the date receipt of the email is acknowledged by
the addressee by return email or otherwise in writing.

22.2
If either party’s details stated out in Item 13 of Schedule 1 change then the
party whose details change must within 5 working days of such change provide
the other party with the changed details.

23.
What about the payment of costs?

23.1
The Concessionaire must pay the Grantor’s legal costs and expenses of and
incidental to preparing and signing this Concession or any extension or ACT
variation of it.

23.2
The Concessionaire must pay in full immediately and on demand all costs and
fees (including solicitor’s costs and fees of debt collecting agencies engaged by
the Grantor) arising out of and associated with steps taken by the Grantor to
enforce or attempt to enforce the Grantor’s rights and powers under this
Concession. This includes the right to recover outstanding money owed to the
Grantor.

24.
When can the conditions of the Concession be varied?

INFORMATION
24.1
The Grantor may on each Concession Fee Review Date, after first consulting
with the Concessionaire, vary any condition of this Concession to make the
condition more effective in addressing adverse effects resulting from the
Concession Activity.

24.2
Nothing in clause 24.1 otherwise affects the Grantor’s rights to vary the
Concession under section 17ZC of the Conservation Act 1987.

OFFICIAL
25.
Are there any Special Conditions?

25.1
Special conditions are specified in Schedule 3. If there is a conflict between this
THE
Schedule 2 and the Special Conditions in Schedule 3, the Special Conditions
shall prevail.

26.
The Law

26.1
This Concession is to be governed by and interpreted in accordance with the
UNDER
laws of New Zealand.
RELEASED

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Concession Number: 69412-GRA

SCHEDULE 3

SPECIAL CONDITIONS

1.    Type of stock
The Concessionaire may graze the following types of stock:
_____________________________
(Insert type/s of stock)
2.    Maximum number of
The Concessionaire may graze up to the following
ACT
stock
maximum number of stock:
___________________________
(Insert maximum for each type of stock, eg 100 sheep, 100
cattle, or if no maximum, delete clause)
3.    Stock matters
The Concessionaire must monitor stock at regular
intervals to ensure that:
(a)
they are contained within the Land; and
(b)
there is sufficient feed available on the Land to
discourage stock from grazing other land
administered by the Grantor and not part of this
Concession; and INFORMATION
(c)
they do not graze to a level resulting in damage to,
or pugging of, the Land.

The Concessionaire must not develop wintering pads,
stand off pads or silage pits on the Land.

OFFICIAL
The Concessionaire must not graze, nor permit to be
grazed on the Land, any stock, which the Concessionaire
knows or ought to have reasonably known, would be
THE
dangerous to any person entering the Land.
(Delete or vary as appropriate)
4.    Farm vehicles
The Concessionaire may use farm vehicles for the purposes
of the Concession Activity and for pest management. / The
Concessionaire may not use farm vehicles.
UNDER  (Delete or vary as appropriate, e.g. restrict use of vehicles
to farm tracks only)
5.    Firearms
The Concessionaire may use firearms for the purposes of
the Concession Activity and for pest management / The
Concessionaire may not use firearms.
(Delete or vary as appropriate)
6.    Dogs and horses
The Concessionaire may use dogs and horses for the
RELEASED
purposes of the Concession Activity and for pest
management / The Concessionaire may not use dogs and
horses.
(Delete or vary as appropriate)
7.    Crops
The Concessionaire may grow the following types of crops
_________________

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Concession Number: 69412-GRA

(Insert types of crops allowed. If none, insert Nil)

The Concessionaire must obtain the approval of the
Grantor before breaking ground for crops.
(Delete as appropriate)
8.    Fertiliser
The Concessionaire is required to fertilise the soil in
accordance with annual soil fertility reports.
(Delete or vary as appropriate e.g., add restrictions as to
fertilising ground adjacent to watercourses)
ACT
9.    Weed control
In addition to the Concessionaire’s obligations under
Schedule 2 clause 8.3 the Concessionaire must also take
reasonable steps to keep the Land free from (list the
species e.g. blackberry, broom, rabbits)
(Delete or vary as appropriate)
10.   Fencing
The  Concessionaire must at its cost ensure that stock is
adequately contained within the land.

The Concessionaire must at its cost maintain all fences,
gates, stiles, bridges, culverts and drains in good
INFORMATION
condition.

The Concessionaire must ensure the Land is fenced so as
to prevent stock access to any watercourses adjoining or
on the Land and that an adequate ungrazed vegetation
strip is maintained along all watercourses so  as to
minimize effluent from stock entering watercourses to the
OFFICIAL
satisfaction of the Grantor.

If any upgrade of any existing fence is required or
additi
THE  onal fences are required to give effect to the
requirement to contain stock, then the costs of so doing is
to be the responsibility of the Concessionaire. Where the
Grantor has agreed in writing to such work being carried
out the Grantor may at its sole option agree to waive the
Concession Fee or portion of it until such time as the cost
UNDER  of such work agreed  to by the Grantor has been
reimbursed to the Concessionaire. In such case the fence
is to be owned by the Grantor.

The Concessionaire must place on a prominent position on
any electric fence placed on the Land a warning sign
advising that the fence is electric.
(Delete or vary as appropriate)
RELEASED
11.    Gates
The Concessionaire may lock any gates located on the
Land. Where gates are to be so locked the Concessionaire
must give the Grantor a key so where necessary the
Grantor can unlock the gates. Where any gate is so locked
the Grantor may require the Concessionaire to erect a stile
near the locked gate

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Concession Number: 69412-GRA

(Delete or vary as appropriate)
12.   Adverse effects
If, in the opinion of the Grantor, stock effluent discharge
occurring as a result of the Concession Activity is having
an adverse effect on any adjoining or downstream river,
stream, waterway or wetland, then the Grantor may
require the Concessionaire to modify the Concession
Activity or the manner in which it is carried out so as to
avoid, remedy or mitigate that adverse effect. The Grantor,
at the sole discretion of the Grantor, may adjust the
Concession Fee payable or refund any Concession Fee paid
ACT
in advance.

If, in the opinion of the Grantor, the Concession Activity is
having or may have an adverse effect on the  Land or
adjoining bush or riparian margins administered by the
Grantor, the Grantor may  require the Concessionaire to
comply with all reasonable notices and directions by the
Grantor concerning the activities conducted by the
Concessionaire including but not limited to notices or
directions regarding the numbers of stock that may be
grazed on the Land or any part of the Land. The Grantor,
at the sole discretion of the Grantor, may adjust th
INFORMATION  e
Concession Fee payable or refund any Concession Fee paid
in advance.
(Delete or vary as appropriate)
13.   Suspension for plant
The Grantor by giving one month’s written notice to the
and / or animal
Concessionaire may suspend the carrying out of the
control
Concession Activity while plant or animal control is carried
OFFICIAL
out by or on behalf of the Grantor on the Land or on
adjoining land. The Grantor, at the sole  discretion of the
Grantor, may adjust the Concession Fee payable or refund
any Concession Fee paid in advance.
THE
(Delete or vary as appropriate)
14.   Didymo / Freshwater
The Concessionaire must comply and ensure its clients
Pests
comply with the Ministry for Primary Industry (MPI)’s
“Check, Clean, Dry” cleaning methods to prevent the
spread of didymo (Didymosphenia geminata) and other
UNDER  freshwater pests when moving between waterways.
“Check, Clean, Dry” cleaning methods can be found at -
www.mpi.govt.nz/travel-and-recreation/outdoor-
activities/check-clean-dry/. The Concessionaire must
regularly check this website and update their precautions
accordingly.
15.   Kauri Dieback delete if  To protect our kauri and prevent the spread of kauri
absolutely not in Kauri  dieback disease, the Concessionaire must comply and
RELEASED
Dieback area
ensure its clients comply with all guidelines and notices
issued by the Kauri Dieback Programme (lead by Ministry
of Primary Industry), available on their website
http://www.kauridieback.co.nz/. This includes:
•
the general guidelines
•
the relevant guidelines for specific
concession activities as specified on

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Concession Number: 69412-GRA

http://www.kauridieback.co.nz.
The Concessionaire must review these webpages and
guidelines on a regular basis, to ensure they remain up to
date.

The Concessionaire must ensure that all footwear, vehicles
and equipment are thoroughly cleaned of all visible soil.
Once cleaned, footwear should be sprayed with SteriGENE
(formerly known as Trigene) solution before entering,
when moving between and when leaving areas with kauri.
Contact the Department of Conservation for details of ACT
SteriGENE suppliers.
(Delete or vary as appropriate)
16.   Mycoplasma Bovis (M- The Concessionaire must comply with all M-bovis
bovis)
guidelines and notices issued by the Ministry of Primary
Industry, available on their website
https://www.biosecurity.govt.nz/protection-and-
response/mycoplasma-bovis/. This includes following
MPI’s recommended three elements of on-farm hygiene:

•
Separate – reasonably limit the movement of

people and equipment on to the farm
•
INFORMATION
Clean – before disinfecting
•
Disinfect – according to the manufacturer’s

instructions.

The Concessionaire must review the MPI M-bovis
webpages and guidelines on a regular basis, to ensure they
remain up to date. The Concessionaire also agrees to
follow any additional M-bovis guidance provided by the
OFFICIAL
Grantor during the term of the concession.
17.    Aircraft Use delete if
Please choose one of the following for any concession for
no aircraft will be
aircraft:
THE
involved in the activity   If the activity is undertaken in any of the
locations listed as needing noise abatement:

The Concessionaire  must hold accreditation with a
recognised noise abatement and disputes resolution
UNDER  programme. The Concessionaire must provide proof that
such  accreditation has been completed, if so required by
the Grantor, and must keep  their participation in that
programme or training current until the Final Expiry Date.

OR if the activity is in a location not listed as
currently needing noise abatement:

During the term of the concession, where Grantor believes
RELEASED
that the effects of aircraft noise should be further reduced,
the Grantor may, by notice, require the Concessionaire to
either undertake measures to minimise the effects of noise
on conservation values  or become accredited to  a
recognised noise abatement and disputes resolution
programme. If such notice is  given by the Grantor, the
Concessionaire must:

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Concession Number: 69412-GRA

(i) if required to  undertake measures to minimise  the
effects of noise on conservation values within 3 months
from receiving the notice undertake those measures to the
satisfaction of the Grantor until the Final Expiry Date.

(ii) if required to become accredited to a recognised noise
abatement and disputes resolution  programme within 3
months from receiving the notice provide proof to the
Grantor  that such  accreditation has been completed and
must keep  their participation in that programme or
ACT
training current until the Final Expiry Date.

The Grantor may, at any time, issue a subsequent notice(s)
requiring the  Concessionaire to implement the other
option.
(Delete or vary as appropriate)
18.   Add other special

clauses as required by
the report to manage
adverse effects

INFORMATION
OFFICIAL
THE
UNDER
RELEASED

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Concession Number: 69412-GRA

ACT
SCHEDULE 4

Plan or map
INFORMATION
OFFICIAL
THE
UNDER

RELEASED
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Document Outline