Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, 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 for the purposes of a pedestrian right of way and a cycle path
(for use by the general public) over the land of Landcorp Holdings Limited ("Grantor") described in the First Schedule.
This easement is to be created upon the terms and conditions set out in the Third Schedule to this notice and shall vest
in the Hawke's Bay Regional Council ("Grantee") on the date of publication hereof in the New Zealand Gazette.
Hawke's Bay Land District-Napier City
The Grantor's Land
Section 1 SO 10213 and Sections 4-5 SO 10213 (Computer Freehold Register HBP2/646).
(The Grantor's Land to be known as "Servient Tenement".)
Easement to be Acquired
A right of way (pedestrian and cycle path) easement in gross over that part of the Servient Tenement marked "A", "B", "D", "F", "H", "HA ", "J", "L", "M", "O", "S" and "T" on SO 457871 ("Stipulated Course").
Easement Rights and Powers
The right of way easement shall contain the rights and powers implied by the Fourth Schedule of the Land Transfer Regulations 2002, varied as set out below.
In the event of any conflict between the implied rights and powers contained in the Land Transfer Regulations 2002 and the rights and powers contained in this instrument, the rights and powers expressly stated in this instrument shall prevail.
1. Right of Way
1.1 The Grantor grants to the Grantee the right of the Grantee, in common with the Grantor and other persons to whom the Grantor may grant similar rights, an easement in gross to go over and along the easement facility on the Stipulated Course for use as a public pedestrian and cycle path.
1.2 The right to go over and along the easement facility includes the right to go over and along the easement facility on foot or with cycles only.
1.3 The Grantee shall ensure that no animals (including any dogs, whether on a leash or not) are taken onto the Servient Land.
1.4 The right of way shall be for the use of the general public.
1.5 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 (except for cycles).
1.6 The right of way includes:
1.6.1 the right to establish a lime sand pedestrian and cycle path, to repair and maintain an existing lime sand pedestrian and cycle path, and (if necessary for any of those purposes)
to alter the state of the easement facility; and
1.6.2 subject to clause 4, the right to have the easement facility kept clear at all times of obstructions to the use and enjoyment of the pedestrian and cycle path.
1.7 Notwithstanding clause 1.5, the Grantee may temporarily exclude the general public from the Servient Land or any part thereof if it believes on reasonable grounds it is necessary to do so because of flooding, or any other emergency endangering public safety.
2. Repair, Maintenance and Costs
2.1 The Grantee is responsible for arranging the repair and maintenance of the Stipulated Course, and for
the associated costs, so as to keep the Stipulated Course in good order and to prevent it from becoming a danger or a nuisance.
2.2 The parties acknowledge and agree that the Grantee is required (as a condition of the Grantor agreeing
to this easement) to erect cycle barriers and signage in the vicinity of the Whakamaharatanga Walkway to prevent cyclists from using part of the Whakamaharatanga Walkway between the cycle barriers (such portion of the Whakamaharatanga Walkway being an existing walking track and not being the part of the Stipulated Course). The parties agree that such barriers and signage is included in the definition of the easement facility and must
be maintained in accordance with clause 2.1.
3. Deletion of Certain Implied Terms
3.1 The following clauses of the Fourth Schedule to the Land Transfer Regulations 2002 are deleted:
3.1.1 Clause 6; and
3.1.2 Clauses 11(1) and 11(2).
3.2 The meaning of any words in these special conditions shall be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.
3.3 Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.
4. Existing Grants
The parties acknowledge that the Servient Land is subject to existing registered rights. This easement is subject to the rights of the existing registered grantees and in the event of any conflicts the right of the existing grantees shall prevail.
The Grantee shall not assign this easement without obtaining the prior written consent of the Grantor.
6. Grantee May Surrender
6.1 The Grantee:
6.1.1 may at any time give the Grantor written notice of its intention to surrender the Grantee's rights under this easement; and
6.1.2 may at any time more than one month after giving the notice, at its own cost, surrender the Grantee's rights subject to clause 6.2.
6.2 The parties acknowledge that:
6.2.1 the Grantee is required (as a condition of the Grantor agreeing to grant this easement) to complete works to reconfigure the Grantor's existing fence lines and gates to reasonably replicate that existing at the time of the grant, while allowing for the removal of gates and fences across the Stipulated Course.
6.2.2 prior to surrender, the Grantee must if required by the Grantor, complete fencing and gate works to return the Servient Land, including the Grantor's paddock configuration (and standard of affected gates and fences)
to that existing prior to the works completed in accordance with clause 6.2.1 and to the condition it was in prior to the rights under this instrument being granted.
6.3 On the surrender, the Grantor:
6.3.1 releases and discharges the Grantee from all its obligations and liabilities under this easement in respect of the right; and
6.3.2 must, at the Grantee's cost, execute a surrender instrument or any similar document on request by the Grantee.
6.4 Subclause 6.3 does not affect any rights or liabilities arising before the surrender.
7. Grantee's Obligations
7.1 At all times, the Grantee shall, at its cost:
(a) Maintain and erect where necessary all fencing. The Grantor shall not contribute towards the cost of any such fencing on the Stipulated Course and any such fences erected on the Stipulated Course shall be at the sole cost and responsibility of the Grantee;
(b) Erect all necessary signs and notices to notify all persons or members of the public of hazards;
(c) Be responsible for public access on the Stipulated Course and shall in particular do all things necessary to ensure the safety of such persons at all times;
(d) At all times use reasonable care and skill when exercising the rights and powers under this instrument and carry out all works permitted by this instrument in a good workmanlike manner and as expeditiously as possible;
(e) Maintain the Stipulated Course in good repair;
(f) Avoid causing any unnecessary interference with the Grantor's use or enjoyment of the Servient Land;
(g) Repair and make good all damage to fences, gates and structures upon the Servient Land caused directly or indirectly by the Grantee undertaking any works in furtherance of the rights, powers and privileges granted under this instrument; and
(h) Indemnify and keep indemnified the Grantor to the extent that the Grantor is not otherwise indemnified from and against all loss, damage, injury to the Servient Land or to any persons or members of the public from and against
any claims, proceedings, injunctions made or brought against the Grantor by any person
or persons and the public or visitors of the Grantee in relation to the Grantee's use of
the Servient Land.
7.2 Unless otherwise requested by the Grantor, the Grantee shall remove any infrastructure installed on the Easement Land and any other improvements from the Easement Land, in the event of any surrender under clause 6 and, in particular, the Grantee shall ensure that the Easement Land is restored to the Grantor's reasonable satisfaction.
If the Grantee fails to comply with this clause, the Grantor may remove or demolish the infrastructure and other improvements and all costs incurred directly or indirectly shall be recoverable against the Grantee.
Dated at Wellington this 20th day of May 2014.
T. BUCKTHOUGHT, for the Minister for Land Information.