Pursuant to sections 20 and 48 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares that, an agreement to that effect having been entered into to convey electricity in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002 together with the following variations, is hereby acquired over the land described in the Schedule to this notice and shall vest in Powerco Limited ("the grantee") on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Tauranga City
Schedule
Area Description
-
Part Lot 2 DPS 32737; marked "A" on DP 442474 and "B" on DP 447871 (part Computer Freehold Register SA33D/438).
Rights and Powers Varied and Added
Continuation of "Estate or Interest or Easement to be Created":
1. This easement is in addition to and not in substitution for any statutory rights and authorities which the Grantee may have at any time in respect of the servient tenement. The rights and powers in this instrument are in addition to those rights and powers contained in Schedule 4 to the Land Transfer Regulations 2002 ("the Fourth Schedule"), and where the terms of this instrument are in conflict with the Fourth Schedule the terms of this instrument shall prevail.
2. In addition to the above rights and powers, the Grantor grants to the Grantee as an easement in gross the following rights and powers at all times and in any quantity:
2.1 to lay, construct, maintain, replace and retain lines and works on, in, over and under the soil of the easement land (provided that no lines or works, other than minor fittings, may be constructed over ground);
2.2 to enter and remain upon the servient tenement for the purposes of laying, constructing, maintaining, inspecting, repairing, renewing, enlarging, replacing, altering or removing the pipes, lines or works as the case may be and opening up the soil of the servient tenement and make any accessway, cuttings, fillings, grades, batters or trenches and to reopen the same and generally to do and perform such acts or things upon the servient tenement as may be necessary to enable the Grantee to receive the full free use and enjoyment of the rights and privileges granted under this easement;
2.3 to use lines and works for the purpose of conveying electricity, data and/or communications without interruption or impediment;
provided however that nothing shall compel the Grantee to exercise the above rights at any time.
3. Covenants
The Grantor and the Grantee covenant as follows:
3.1 The Grantee shall be responsible for:
(a) the installation of the lines and works; and
(b) using its best endeavours to prevent the lines and works becoming a danger or a nuisance.
3.2 The Grantee will from time to time repair and
make good all damage to fences, gates or other improvements upon the servient tenement
directly caused by the Grantee carrying out any work pursuant to clause 2, and the rights and powers in the Fourth Schedule.
3.3 The Grantee agrees to indemnify the Grantor in respect of all liabilities and direct damage or losses which the Grantor may incur in respect of any negligent act or omission by the Grantee or its employees, contractors, agents or invitees except to the extent that such liability damage or loss may arise from any cause beyond the reasonable control of the Grantee or be caused by or contributed to
by the wilful or negligent act or omission of
the Grantor or the Grantor’s employees, contractors, agents or invitees.
3.4 The Grantor will not, without the written permission of the Grantee:
(a) grow or permit to be grown any natural or cultivated vegetation including trees and shrubs on the easement land or in the near vicinity of the easement land; or
(b) erect or permit to be erected any improvement (including but not limited to buildings, sheds, fences, roads, walls or driveways) on the easement land; or
(c) disturb or permit to be disturbed the soil below a depth of 300 millimetres from the surface of the easement land; or
(d) do anything on the servient tenement that
may damage or endanger the line(s) or works including anything that would in any way reduce the clearance of the lines or works
to less than the minimum clearance required
from time to time by any applicable statutory Regulation, code of practice or other authority; or
(e) do any act which will interfere with the rights granted by this easement and will not at any time do permit or suffer any act whereby the full and free use and enjoyment by the Grantee of the rights and privileges granted by this easement are interfered with. The Grantee shall give the Grantor written notice of any failure to comply with the requirements of this clause and the Grantor shall have a reasonable time to comply (except in emergency). If the Grantor fails to comply, the Grantee may, at the Grantor’s, cost remove any natural or cultivated vegetation or improvement on the servient tenement which will interfere with the rights granted by this easement.
Provided however that the Grantee acknowledges it has consented to all natural or cultivated vegetation and all improvements growing or erected on the easement land and the Owner’s adjoining land at the date of this Easement Instrument.
3.5 Notwithstanding the provisions of the Fourth Schedule that deal with maintenance and payment of maintenance costs, if any maintenance, repair
or replacement of the lines or the works or part
of the lines or the works, is necessary because of any act or omission, neglect or fault of the Grantor (including any tenant, licensee, employee, invitee
or agent of the Grantor) then the Grantor shall
be responsible for the whole cost of any such maintenance, repair or replacement in proportion to the amount attributable to that act or omission.
3.6 The Grantor covenants with the Grantee that the Grantor waives and will not at any time claim
any compensation from the Grantee under sections 57 and/or 58 of the Electricity Act 1992 or under any other provisions of any Statute or Regulation whatsoever, in relation to the exercise by the Grantee of its rights under this easement.
3.7 The lines and works are and shall remain the sole property of the Grantee and if this easement is surrendered, the Grantee shall, at the Grantee’s
cost remove and decommission the lines and works and restore those parts of the servient tenement affected by the works as close as possible to their state prior to the works and make good any other damage caused wholly by such removal and/or decommissioning. No person shall have any interest in such line(s) and works by reason only of having an interest or estate in the servient tenement.
3.8 No power is implied for the Grantor to determine this easement for any breach of covenant or for
any other cause whatsoever. The parties intend
this easement to subsist forever or until it is duly surrendered.
3.9 All disputes which may arise between the parties
in respect of this easement are to be determined in accordance with the provisions set out in the Fourth Schedule subject to the modifications detailed in clauses 3.9 and 3.10.
3.10 If the matter should proceed to arbitration, the arbitral Tribunal shall determine the issue of payment of costs as calculated on a solicitor to client basis.
3.11 Either the Grantor or the Grantee may appeal to the High Court on any question of law arising out of any award made by the arbitral Tribunal.
4. Definitions
4.1 In this easement:
"conveying electricity data and/or communications" means the conveyance of electricity, data and/or communications solely associated with the conveyance of electricity and includes the generation, conversion and transformation of electricity.
"easement land" means that part of the servient tenement identified in Schedule A in this instrument together with any additional area reasonably required by the Grantee for the lines and works provided that such additional area will not exceed two metres in width on either side of the area marked with the letters and deposited plan number detailed in Schedule A.
"lines" means one or more wires, cables or conductors of any other kind and equipment used or intended to be used for conveying electricity, data and/or communications and includes insulators, casings, fixtures (major or minor), fittings, tunnels or other things used
or intended to be used for generating, converting or transforming electricity and for supporting, enclosing, surrounding, or protecting any such wire, cable, conductor or equipment and also includes any part of a line.
"works" means every work or thing used, or designed or intended for use in or in connection with conveying electricity, data and/or communications (subject always to the provisions of clause 3.2 of this easement instrument).
"Grantee" means Powerco Limited and includes all its subsidiaries (within the meaning of sections 5 and 6 of the Companies Act 1993) and its successors, assigns and licensees.
"Grantor" is the registered proprietor of Computer Freehold Register SA33D/438.
4.2 A reference to any Statute or section of any
Statute includes any enactment in amendment or substitution for such Statute or section.
4.3 Terms which are defined in the Land Transfer Regulations 2002 have the meaning set out in these definitions.
Dated at Wellington this 24th day of January 2012.
N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2005/10907)