Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ross James Sutherland, Land Information
New Zealand, declares that, pursuant to an agreement to that effect having been entered into, rights to easements in gross described as the right to discharge, store and drain stock effluent, the right of way for the purpose of access to the stock effluent tanks and stock effluent drains, the right to convey water and the right to convey electricity, are acquired over the land described in the First Schedule to this notice, subject to the interpretations described in the Second Schedule to this notice and shall contain the rights and powers set out in the Third Schedule to this notice, and shall vest in the Ashburton District Council as grantee on the
date of publication of this notice in the New Zealand Gazette.
Canterbury Land District—Ashburton District Council
First Schedule
Servient Land
Part Lot 2 DP 46305; marked “A” on DP 353171 (part Computer Freehold Register CB25A/1047).
Part Rural Section 20425; marked “B” on DP 353171 (part Computer Freehold Register CB29B/313).
Part Lot 1 DP 353171; marked “C” on DP 353171.
Second Schedule
Interpretations
“Easement Facility” means:
(a) For the purposes of the right to store stock effluent means conduits, pumps, tanks, valves, surface
boxes, or other equipment suitable for that purpose (whether above or under the ground) and anything in replacement or substitution.
(b) For the purposes of the right to drain stock effluent means pipes, conduits, pumps, valves, surface
boxes, or other equipment suitable for that purpose (whether above or under the ground) and anything in replacement or substitution.
(c) For the purposes of the right of way means the surface of the servient land.
(d) For the purposes of the right to convey water, means pipes, pumps, pump sheds, storage tanks, water purifying equipment, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution.
(e) For the purposes of the right to convey electricity means wires, cables, towers, poles, transformers, switching gear, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution.
“Grantor” means the registered proprietor of the servient land and includes the agents, employees, contractors, tenants, licensees, and other invitees of the grantor.
“Grantee” means the person having the benefit of the easement in gross and includes the agents, employees, contractors, tenants, licensees, other invitees of the grantee, and members of the public.
“Servient Land” means the land described in the First Schedule of this notice.
Third Schedule
Rights and Powers
1. Right to Discharge and Store Stock Effluent
The right to store stock effluent includes the right of the Grantee together with the Grantee’s invitees and members of the public to discharge and store stock effluent onto the Easement Facility on the Servient Land.
2. Right to Drain Stock Effluent
The right to drain stock effluent includes the right of the Grantee together with the Grantee’s invitees and members of the public to drain stock effluent onto the Easement Facility on the Servient Land.
3. Right of Way
A right of way includes the right of the Grantee together with the Grantee’s invitees, and members of the public at all times to go over and along the Easement Facility to exercise the Right to Discharge and Store Stock Effluent and the Right to Drain Stock Effluent.
The right to go over and along the Easement Facility includes the right to go over and along the Easement
Facility with or without any kind of vehicle, machinery or implement.
A right of way includes:
(a) The right to establish a driveway, to repair and maintain an existing driveway, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted.
(b) The right to have the Easement Facility kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the driveway, except where such obstruction is a reasonable exercise of the right to Store Stock Effluent and the right to Drain Stock Effluent.
4. Right to Convey Water
4.1 A right to convey water includes the right for the Grantee in common with the Grantor and other persons to whom the Grantor may grant similar rights to take and convey water in free and unimpeded flow from the source of supply or point of entry through the Easement Facility and over the Servient Land.
4.2 The right to take and convey water in free and unimpeded flow is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the Easement Facility.
4.3 The Easement Facility referred to in subclause 4.1 is the Easement Facility laid or to be laid along the servient land, as agreed by the Grantor at the time of installation of the Easement Facility.
4.4 The Grantor must not do and must not allow to be done anything on the Servient Land that may cause the purity or flow of water in the water supply system to be diminished or polluted.
5. Right to Convey Electricity
5.1 A right to convey electricity includes the right for the Grantee in common with the Grantor and other persons to whom the Grantor may grant similar rights, at all times, to lead and convey electricity and electric impulses without interruption or impediment from the point of entry through the Easement Facility and over the Servient Land.
5.2 The right to convey electricity without interruption or impediment is limited to the extent required by any period of necessary renewal or repair of the Easement Facility.
5.3 The Easement Facility referred to in subclause 5.1 is the Easement Facility laid or to be laid along the servient land, as agreed by the Grantor at the time of installation of the Easement Facility.
Rights and Powers in all Easements
6. General Powers
6.1 All the easements referred to in this Schedule include –
6.1.1 the right to use any Easement Facility already situated on the servient land for the purpose of the easement granted; and
6.1.2 if no suitable Easement Facility exists, the right to lay, install, and construct an Easement Facility reasonably required by the Grantee (including the right to excavate land for the purpose of that construction).
6.2 The Grantor must not do and must no allow to be done on the Servient Land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the Easement Facility.
7. Repair, Maintenance, and Costs
7.1 The Grantee shall be responsible for the repair and maintenance of the Easement Facility, and for the associated costs, so as to keep the Easement Facility in good order and to prevent it from becoming a danger or nuisance.
7.2 Notwithstanding subclause 7.1, in the event of a significant increase in costs for maintenance of the unsealed gravel areas as a result of stock trucks
U-turning in the yard after using the Easement Facility, the Grantor shall have the right to seek a contribution
to these costs from the Grantee.
7.3 If the easement is in gross, the Grantee bears the cost of all work done outside the Servient Land.
7.4 The parties responsible for maintenance under subclause 7.1 must meet any associated requirements of the relevant local authority.
8. Rights of Entry
(a) For the purpose of performing any duty or in the exercise of any rights conferred under these regulations or implied in any easement, the Grantee may:
(i) enter upon the Servient Land by a reasonable route and with all necessary tools, vehicles, and equipment; and
(ii) remain on the Servient Land for a reasonable time for the sole purpose of completing the necessary work; and
(iii) leave any vehicles or equipment on the Servient Land for a reasonable time if work is proceeding.
(b) The grantee must ensure that as little damage or disturbance as possible is caused to the Servient Land
or to the Grantor.
(c) The Grantee must ensure that all work is performed in a proper and workmanlike manner.
(d) The Grantee must ensure that all work is completed promptly.
(e) The Grantee must immediately make good any damage done to the Servient Land by restoring the surface of the land as nearly as possible to its former condition.
(f) The Grantee must compensate the Grantor for all damages caused by the work to any crop (whether ready for harvest or not) or to any buildings, erections, or fences on the Servient Land.
9. Default
If the Grantor or the Grantee does not meet the obligations implied or specified in any easement:
(a) the party not in default may serve on the defaulting party written notice requiring the defaulting party
to meet a specific obligation and stating that,
after the expiration of 7 working days from service of the notice of default, the other party may meet the obligation;
(b) if, at the expiry of the 7-working-day period,
the party in default has not met the obligation, the other party may:
(i) meet the obligation; and
(ii) for that purpose, enter the servient land;
(c) the party in default is liable to pay the other party the cost of preparing and serving the default notice and the costs incurred in meeting the obligation;
(d) the other party may recover from the party in default, as a liquidated debt, any money payable under this clause.
10. Disputes
If a dispute in relation to an easement arises between parties who have a registered interest under the easement:
(a) the party initiating the dispute must provide full written particulars of the dispute to the other party; and
(b) the parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties; and
(c) if the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties):
(i) the dispute must be referred to arbitration in accordance with the Arbitration Act 1996; and
(ii) the arbitration must be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the Canterbury District Law Society (being the District Law Society that has its headquarters closest to the land).
Dated at Auckland this 8th day of October 2009.
ROSS SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/03/9024)