The lessee of Minaret Station has hit out at what he calls
confused and misleading statements about the status of a
pastoral lease and the effect of recent legal action on rents
and property rights which has gone in favour of farmers.
Jonathan Wallis said conservation groups had misrepresented
the impact of rulings by the High Court and Otago District
Land Valuation Tribunal, prompting him to speak out publicly.
"It is frustrating to see traction being gained from
misinformation," he said.
The recent tribunal decision on rent-setting methodology for
the Minaret Station pastoral lease land, which went in his
favour, reaffirmed that rent was to be set in accordance with
law, in this case the Land Act.
He said claims from Forest and Bird the taxpayer was missing
out on "millions of dollars", were incorrect.
"The tribunal's decision has not reduced Minaret's rent but
substantially increased it. But the increase is consistent
with the law and we accept it."
It was not a case of farmers getting a windfall, with the
Government missing out on rent, but the reaffirmation of the
law.
Mr Wallis described the Land Act as a "prescribed process",
which would result in annual rent increasing from $4900 to
$20,000 for the Lake Wanaka property.
Mr Wallis appealed to the tribunal over a Land Information
New Zealand (Linz) move to include a charge for amenity
values which would have resulted in the rent increasing to
$105,600.
Linz announced last week it would decide by Friday whether to
appeal.
Mr Wallis said the Land Act determined rent would be based on
land exclusive of improvements.
"The Land Act also excludes a number of elements that would
otherwise be included in a capital value for open market or
sale purposes and focuses on the fact that the land has been
leased by the Crown to farmers to farm and for no other
purpose."
Mr Wallis said Forest and Bird was also wrong to claim the
tribunal ruling reduced the extent of public ownership of the
high country or that public money was being handed over to
private interests.
"The farmers' rights under his pastoral lease are held by him
in perpetuity. The Crown's remaining interest is subject to
those rights granted to farmers.
"But just like a freehold property, it is the rights and
obligations we have under our leases which determine value,
not the land itself."
neal.wallace@odt.co.nz
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