Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Erin Stephen, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of Chorus New Zealand Limited ("Grantor"), being the land described in the First Schedule to this notice, upon the terms
and conditions set out in the Third Schedule to this notice and shall vest in the Crown as Grantee on the date of publication hereof in the New Zealand Gazette.
Taranaki Land District-New Plymouth District
First Schedule
The Grantor's Land
Part Lot 1 DP 416964 (Computer Freehold Register 465217).
Second Schedule
Easement to be Acquired
A right to convey telecommunications, computer media and a right to transmit electricity easement in gross marked "A" and "C" and a right of way easement in gross marked "C" on DP 416964 over part Computer Freehold Register 465217 ("Servient Land").
Third Schedule
1. Operative Provisions
1.1 Clause 11(2) of the Fourth Schedule to the Land Transfer Regulations 2002 shall be deleted.
1.2 Clause 2(d) of the Fifth Schedule to the Property Law Act 2007 shall be deleted and replaced with:
"Clause 2(d) The right to a reasonable contribution towards the cost
of establishment, maintenance, upkeep, and repair of the driveway to an appropriate standard with such contribution to be based on
the extent to which each owner and occupier uses the right of way."
The Grantor grants to the Grantee:
Right of Way
1.3 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 go over and along the Easement Facility;
1.4 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;
1.5 The right of way includes the right to establish a driveway, to repair and maintain the existing driveway, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted.
Right to Convey Electricity
1.6 The 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.
1.7 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.
Right to Convey Telecommunications and Computer Media
1.8 The right to convey telecommunications and computer media 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 telecommunications and computer media without interruption or impediment from the point of entry through the Easement Facility and over the Servient Land.
1.9 The right to convey telecommunications and computer media without interruption or impediment
is limited to the extent required by any period of necessary renewal or repair of the Easement Facility.
2. Rights of Entry
2.1 For the purpose of performing any duty or in the exercise of any rights conferred under this easement, the Grantee may, subject to clause 2.2 and on
giving the Grantor 10 Working Days' notice, enter
on those parts of the Servient Land adjacent to the Easement Facility as directed by the Grantor and with all necessary tools, vehicles, and equipment, provided that the Grantee may only leave tools, vehicles and equipment on the Servient Land in the locations
and for the duration as directed by the Grantor.
2.2 The Grantee shall not enter onto the Servient Land pursuant to clause 2.1 without obtaining the prior written approval of the Grantee, except in the case of an emergency.
2.3 The Grantee must ensure that as little damage or disturbance as possible is caused to the Servient Land or to the property of the Grantor located on the Servient Land.
2.4 The Grantee must ensure that all work is performed promptly and in a proper and workmanlike manner.
2.5 The Grantee must immediately make good any damage done to the Servient Land by restoring the Servient Land as nearly as possible to its former condition to the satisfaction of the Grantor.
2.6 The Grantee must compensate the Grantor for all damages caused directly or indirectly by the Grantee to any:
(a) buildings, erections, fences;
(b) telecommunications equipment; or
(c) other property of the Grantor
situated on the Servient Land.
2.7 Any entry onto the Servient Land by the Grantee shall be entirely at the Grantee's risk and the Grantor
shall not be liable for any injury or loss to the Grantee or the Grantee's property.
3. Restriction on the Grantee's Use
3.1 The Grantee acknowledges and accepts that the Easement Facility may be subject to other grants made by the Grantor over the Stipulated Course now or in the future.
3.2 The Grantee will co operate with other parties who may have (or are in the future) entitled to certain easement rights within the Easement Facility, to minimise any adverse impact each may have upon the other and to otherwise facilitate the efficient operation of any services within the same Easement Facility between respective entitled grantees.
4. Default
4.1 If the Grantee is in default of its obligations specified in this easement, the Grantor may serve on the Grantee written notice requiring the Grantee to remedy the default within seven working days from service of the notice of default.
4.2 If, at the expiry of the notice referred to in clause 4.1, the Grantee has not remedied the default, the Grantor may remedy the default and recover the costs of remedying the default from the Grantee as a liquidated debt.
5. Damage to Servient Land
5.1 The Grantee will effect and maintain public liability insurance of at least $3,000,000.00 in respect of any liability to third parties (including the Grantor) for loss, injury, damage (in each case whether direct, indirect or consequential) or expense caused by any act or omission of the Grantee's contractors or agents.
5.2 Notwithstanding the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 that deal with maintenance and maintenance costs, if any maintenance, repair or replacement is necessary because of any act or omission, neglect or fault of the Grantee (including any employee, invitee or agent of the Grantee, but excluding any contractor or agent covered by clause 5.1) then the Grantee shall be responsible for the cost of any such maintenance, repair or replacement.
6. Health and Safety
6.1 While entering upon the Servient Land, the Grantee must comply with all obligations imposed on the Grantee at law as the person in charge of a place of work and the Grantee will be responsible for the health and safety of any person who enters on
the Servient Land at the request of the Grantee.
6.2 The Grantee will comply with any reasonable obligations imposed by the Grantor regarding the identification and mitigation of hazards, and health and safety of persons on the Servient Land.
7. Disputes
Any differences or disputes which may arise between the parties touching or concerning this notice or any act or thing to be done, suffered or omitted in pursuance hereof or touching or concerning the construction of this notice except as otherwise expressly provided shall be referred to the arbitration in New Zealand of a single arbitrator agreed upon by the parties or failing agreement, of two arbitrators (one to be appointed by each party) and an umpire (to be appointed by the arbitrators before their entering upon the reference) in accordance with the Arbitration Act 1996 or any amendment thereto or re-enactment thereof for the time being in force.
8. Surrender
The Grantee may surrender the easements or any one or more of them on the giving of 12 months' notice in writing to the Grantor. In the event that the Grantee elects to surrender any one or more of the easements, the parties will do all things necessary to register a full or partial surrender of this notice (as the case may be), in which event the Grantor shall pay all costs
in connection with the same, including all of the Grantee's costs.
9. Easement Facility
The Easement Facility will remain the property of the Grantee and no part of it will become a fixture on
the land by reason only of the Grantee having an estate or interest in the Servient Land.
10. Conflict Between Implied Terms and Terms Set Out in This Easement Instrument
In the event of any conflict between the implied rights prescribed by the Land Transfer Regulations 2002 and/or Schedule Five of the Property Law Act 2007 and the terms set out in this Annexure Schedule 1, the terms of this Annexure Schedule 1 will prevail.
11. Interpretation
11.1 Easement Facility means those areas marked "A" and "C" on DP 416964.
11.2 Grantee includes the Grantee's agents, employees, contractors, tenants, licensees and other invitees.
11.3 Servient Land means the Grantor's land contained
in Computer Freehold Register 465217 (Taranaki Registry).
11.4 Stipulated Course means that part of the Servient Land on which the Easement Facility is located, as show on DP 416964.
11.5 Working Days means any day of the week other than
11.5.1 Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, ANZAC Day, the Sovereign's Birthday, and Labour Day; and
11.5.2 a day in the period commencing with
25 December and ending with 2 January in
the following year; and
11.5.3 the day observed as the anniversary of the province in which the Easement Area is located, and Wellington Anniversary Day.
11.6 In this notice, unless the context otherwise requires:
11.6.1 a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;
11.6.2 a reference to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time;
11.6.3 a reference to a clause, part, Schedule or attachment is a reference to a clause, part, Schedule or attachment of or to this notice unless otherwise stated;
11.6.4 the Schedules and attachments form part of this notice.
Dated at Wellington this 12th day of June 2013.
E. STEPHEN, for the Minister for Land Information.
(LINZ CPC/2008/12720)