Pursuant to section 48 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that an easement of right to convey electricity, telecommunications and computer media in gross described in the Second Schedule to this notice is granted in favour of WEL Networks Limited over the land described in the First Schedule to this notice on the terms and conditions set out in the Third Schedule to this notice, excepting the right of revocation without compensation on three months’ notice in writing on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District—Waikato District
The Grantor’s Land
|33.3560||Sections 1 and 2 SO 471406; comprised in Computer Freehold Register 685477.|
Easement to be Granted
An easement of right to convey electricity, and right to convey telecommunications and computer media in gross in, over, through and below that part of Section 1 SO 471406; marked “A” on SO 485066.
An easement of right to convey electricity, and right to convey telecommunications and computer media in gross in, over, through and below that part of Section 2 SO 471406; marked “B” on SO 485066.
Unless otherwise provided below, the rights and powers implied in specific classes of easement are those prescribed by the Land Transfer Regulations 2002.
The implied rights and powers are varied by the provisions set out in the Third Schedule.
Terms and Conditions
- “Land” means the Servient Tenement identified in the First Schedule to this notice.
- “Grantor” means Her Majesty The Queen for use in connection with a road, and includes her successors in title.
- “Grantee” means WEL Networks Limited and includes its subsidiaries or related companies and their successors, assigns, licensees, and where appropriate, their employees, contractors, surveyors, engineers, invitees and inspectors.
- “Easement Land” means that part of the Land shown in the Second Schedule to this notice.
- “Equipment” means all things used or intended to be used as, or ancillary to, a physical medium for transmitting and/or conveying electricity, telecommunications and computer media. It includes (but is not limited to):
- wires, lines, cables, poles, masts, transformers, antennas, receivers, machinery, insulators, tunnels, foundations, supports, ducts, pipes, casings, terminal boxes, housings, software, fixtures or other equipment or materials used, intended to be used or supporting or ancillary to the generation, conversion, conveyance, transmission, broadcasting, emission or reception of electricity, telecommunications, computer media, signals, impulses, writing, images, sounds, instructions, information or intelligence of any nature incidental; and
- any part of any Equipment; and
- “Works” as defined by the Electricity Act 1992; and
- “Works” as defined by the Telecommunications Act 2001.
- The Grantor grants to the Grantee a right to convey electricity and a right to convey telecommunications and computer media as perpetual easements in gross (“Easements”) in, over, through and below the Easement Land.
- The Grantee shall have the following rights and powers:
- to use the Equipment to convey, conduct, send, distribute, pass, convert, transport, transmit and receive electricity, telecommunications and computer media, on, over and under the Easement Land free of interruption or impediment;
- to lay, erect, construct, maintain, replace, alter, add to, upgrade, retain and remove Equipment on, over and under the Easement Land;
- to enter and remain on the Land with or without machinery and/or vehicles for the purposes of placing, laying, erecting, constructing, maintaining, inspecting, repairing, renewing, adding to, upgrading, replacing, altering or removing the Equipment and excavating or removing soil and vegetation and opening up the soil of the Land and make any cuttings, fillings, grades, batters or trenches, and to reopen the same and generally do such things on the Land for the purposes of exercising the Grantee’s rights under this instrument as the Grantee considers reasonable;
- to erect gates, fences and other protective barriers around the Equipment;
- to keep the Easement Land clear of vegetation (including trees and shrubs);
- to enter and exit the Land by any access point the Grantee considers reasonable to exercise its rights under this instrument or to gain access to its Equipment situated on adjoining land.
- When exercising its rights and powers, the Grantee will:
- give the Grantor reasonable notice of its intention to enter the Land. In the case of an emergency the Grantee may enter the Land without notice;
- cause as little disturbance to the Land as is reasonably possible;
- restore the Land as close as is reasonably possible to its condition before the Grantee exercised its rights under this instrument. The Grantor acknowledges exercise of some rights may require significant earthworks and disruption and such earthworks and disruption are not a breach of this clause.
- The Grantor will not without the Grantee’s written permission:
- erect or permit to be erected any improvements on the Easement Land including buildings and fences;
- grow or permit to be grown any vegetation (including trees and shrubs) on the Easement Land;
- excavate or deposit material on the Easement Land; and
- do anything on the Easement Land that may interfere with, restrict or adversely affect the rights of the Grantee under this instrument or the efficient operation of its Works or Equipment or endanger the continuity or safety of supply of electricity, telecommunications and computer media;
- grant any easement, right or interest in the Easement Land to any third party.
- The rights recorded in this instrument are not in substitution for and are without prejudice to any statutory rights and/or authorities the Grantee has from time to time in respect of the Land.
- Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 and the modifications in this instrument, the modifications prevail. The rule of construction known as the contra proferentem rule does not apply to this instrument.
- The Equipment and any other property of the Grantee remains the sole property of the Grantee and will not for any reason become the property of the Grantor.
- The Grantee may assign, transfer, lease or licence all or any part of its rights under this instrument without needing to obtain the consent of the Grantor.
- There is no power in this instrument for the Grantor to terminate any of the Grantee’s rights due to the Grantee breaching any term of this instrument or for any other reason. It is the intention of the parties that the Easements will subsist for all time unless they are surrendered.
- Clause 14(c) of the Fourth Schedule of the Land Transfer Regulations 2002 is amended by deleting the reference to 14 working days and replacing it with 60 days.
- Each party’s liability under this instrument is limited to the direct and actual costs of the other party, to a maximum of $1,000,000.00 per event or series of related events, and $2,000,000.00 in any 12 month period, and specifically excludes indirect, consequential, or economic loss; and loss of profit.
- The Grantor waives and will not at any time claim any compensation from the Grantee whether under the provisions of any statute or Regulation or otherwise in respect of the exercise by the Grantee of its rights under this instrument.
Dated at Wellington this 9th day of April 2015.
K. McPHAIL, for the Minister for Land Information.