Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right of way easement in gross is acquired over the Grantor’s land described in the First Schedule to this notice upon the terms and conditions set out in the Second Schedule to this notice and shall vest in Buller District Council (“Grantee”) for water supply purposes on the date of publication of this notice in the New Zealand Gazette.

Nelson Land District—Buller District

First Schedule

The Grantor’s Land

Part Section 1 Block IX Brighton Survey District marked B on SO 504661 (part Record of Title NL10D/1176).

Second Schedule

Rights and Powers

The Easement will contain the rights and powers implied by the Fifth Schedule to the Land Transfer Regulations 2018 varied as set out below.

Interpretation:

1. In this Easement, unless the context requires otherwise:

easement facility means an access track for pedestrian access over the easement area and includes any equipment, structures and fixtures reasonably required for facilitating safe access along the easement area.

Grant of Pedestrian Right of Way

2. The Grantor grants to the Grantee the right for the Grantee and invitees of the Grantee, at all times, to go over and along the easement area at any time, on foot for the purpose of accessing water infrastructure located on the adjoining land.

Grantor’s Rights and obligations

3. The Grantor covenants with the Grantee that it will not at any time do or permit to be done anything on the easement area which may damage or obstruct the easement facility or which may interfere with or affect the full free use and enjoyment by the Grantee and the rights, powers and privileges granted under this easement.

Grantee’s Rights and obligations

4. The Grantee will use reasonable endeavours to cause as little disturbance and disruption to the carrying on of the normal or reasonable operations of the Grantor or the lawful use of the Burdened Land by the Grantor, although the Grantor accepts that this provision will not prevent, restrict or hinder the Grantee from exercising its rights in a manner consistent with the terms and conditions set out under this easement.

5. The Grantee will have the full, free and unrestricted right, liberty and privilege at any time to:

1. repair, inspect, maintain, replace, alter, upgrade, and operate the easement facility (and any associated equipment, structures and fixtures reasonably necessary to facilitate safe access) on the easement area; and
2. excavate the easement area and remove vegetation for all or any of the purposes referred to above; and
3. lay, place, maintain and replace anchors and associated equipment in the easement area for the purpose of securing any structures and fixtures to facilitate safe access on the easement area; and
4. enter the easement area with all required machinery and equipment and remain upon the easement area for the purposes of:
1. maintaining, inspecting, repairing, renewing, altering, replacing and upgrading, the easement facility (including the right to excavate land for the purpose of that construction); and
2. carrying out in or under the easement area anything that the Grantee may consider necessary, convenient or desirable to do for the exercise by the Grantee of its rights under this Easement.

6. In exercising its rights under this Easement the Grantee will:

1. at all times use reasonable care and skill when exercising the rights and powers under this Easement and carry out any works permitted by this Easement in a good workmanlike manner and as expeditiously as possible; and
2. cause as little inconvenience to the Grantor as is reasonably practicable when exercising all or any of the rights given to the Grantee pursuant to this Easement; and
3. indemnify the Grantor against all actions, proceedings, claims, demands, losses, damages (physical or monetary), costs, expenses or liabilities of any kind suffered or incurred by any third person as a result of any use of the easement facility by the Grantee; and
4. sufficiently compensate and indemnify the Grantor or rectify any damage caused by any subsequent maintenance or defect in the easement facility, where such damage has not been caused by the Grantor or by the Grantor’s lessees or invitees and the Grantor and its lessees or invitees are not responsible for such defects.

Repair, Maintenance and Costs

7. Subject to clause 8, the Grantee is solely responsible for the maintenance and repair (and any action undertaken pursuant to clause 5) of the easement facility to ensure that the easement facility is kept in good order and to prevent it from becoming a danger or nuisance.

8. Any repair or maintenance of the easement facility that is attributable to an act or omission by the grantor must be promptly carried out by the grantor at their sole cost, or the grantee may at its sole discretion undertake such repair or maintenance and recover the costs as a debt from the Grantor.

9. Except in the case of an emergency, before carrying out any maintenance and/or repair pursuant to clause 7 the Grantee must, to the extent that such works may interfere with or restrict the rights of the Grantor, provide the Grantor with reasonable notice setting out the timing of the works and take all reasonable steps to minimise any inconvenience to the Grantor.

General

10. Where there is any conflict between the provisions of the Fifth Schedule of the Land Transfer Regulations 2018 and this instrument, the provisions of this instrument must prevail.

11. For the avoidance of doubt the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated, the grant not being a vehicular right of way.

Dated at Masterton this 4th day of January 2023.

K. McPHAIL, for the Minister for Land Information.

(LINZ CPC/2005/10755)