Media Release – March 18, 2007

Much bigger payout to Mt Oxford farmers according to arbitration Award

North Canterbury high country farmers Mark and Karen Feary today confirmed a new arbitration award means they will receive millions of dollars more in compensation for loss of land on their Mt Oxford station.
The whole of the 1780ha Mt Oxford land block which has been in their family for 70 years is apparently now under Department of Conservation (DoC) control.

The arbitrator Hugh Rennie QC released the Award this week.

``The state has so far paid Karen and I more than $1 million and are now staring down the barrel of millions more,’’ Mark Feary said.

``This is what the Crown gets for not honouring the pastoral lease contract in the first place.

The arbitrator’s Award findings mean that the Crown must this time do a full and proper valuation on Mt Oxford as if areas of rock, gorse and beech forest etc, that now exist are not there.
The Award has determined that such characteristics do not form part of an “effective farming area” which is to be valued. Instead the Award makes it clear that the area must all grow pasture suitable for pastoral farming.

Further, the award found that if such an area does not exist at Mt Oxford in part or in whole then a valuation is done as if it did and as if full legal and practical access has been provided.

The total area for valuation could be larger than just the area being “an effective farming area”.

``This award is a huge win for Karen and I and sets a precedent for all other pastoral lessees as it shows that pastoral leases have an actual value far higher than the Government dares to admit especially when for whatever reason they want such leases ended,’’ Feary said.

``Karen and I ran the gauntlet and to our relief the bar has been raised on the Crown who let Mt Oxford get into its current run down state.

``We feel that the Award must be a further incentive for the Crown to now take steps to resolve this issue and all issues with us once and for all, ending our long wait for this to happen.’’
The long and difficult journey for the Canterbury farming couple will be of significant interest to the public and especially to high country farmers.

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