To: Beverly Anne Grant and Ross Stewart Grant

C/o Lucas and Lucas Limited
PO Box 5735
Moray Place
Dunedin 9058
For: Chris Lucas.

1. Take notice that the Gore District Council proposes to take, under section 23 of the Public Works Act 1981, your interest in the land described in the First Schedule of this notice for an easement interest on the terms and conditions set out in the Second Schedule of this notice.
2. The land is required for local wastewater purposes (Ajax Pump Station Wastewater Pipeline) and it is intended to use the land for the construction and operation of a pipeline that conveys wastewater.
3. A plan of the land intended to be taken as an easement is attached.

Reasons for Taking Land

4. The reasons why the Gore District Council considers it essential to take your interest in the land for an easement are as follows:
1. To improve deficiencies in the wastewater system to prevent wastewater overflows at the Ajax Pump Station; and
2. to enable a direct, efficient and affordable route for a new rising main to convey wastewater from the pump station to the wastewater treatment pond.

Your Right to Object

5. Your interest in the land has not yet been taken.
6. You have a right to object to the taking of your interest in the land.
7. If you wish to object, you must send a written objection to the Registrar, Environment Court, Tribunals Division, Justice Department, Private Bag, Postal Centre, Wellington, within 20 working days after the service of this notice on you.
8. If you make an objection, a public hearing of the objection will be held unless you give written notice to the Environment Court that you want the hearing to be held in private.
9. If you make an objection:
1. you will be advised of the time and place of the hearing; and
2. you will have the right to appear and be heard personally or to be represented by a barrister and solicitor or any other person you authorise.

Your Right to Compensation

10. This notice, and the right to object described above, relate to the taking of your interest in the land and not to your right to compensation. Under the Public Works Act 1981 you are entitled to full compensation, if your interest in the land is taken. If this compensation cannot be agreed between you and Gore District Council, it can be determined in separate proceedings before the Land Valuation Tribunal.

Warning

This notice concerns your rights over the land referred to. If you are in any doubt about its effect you should obtain legal advice immediately. Do not delay.

Southland Land District—Gore District

First Schedule

A right to convey wastewater in gross in favour of Gore District Council over part of the land described as Lot 1 DP 311820 and Lot 1 DP 9694 (Computer Freehold Register 46624); marked “A” on SO 488546.

The land is located between Main Street (State Highway 1) and Grasslands Road, Gore.

Second Schedule

1. Grant of Easement

1.1 Beverly Ann Grant and Ross Stewart Grant (“the Grantor”), being the registered proprietors of the Servient Land, grant to Gore District Council (“the Grantee”) a right to convey wastewater in gross over the Stipulated Area with the rights and powers set out below.

2. Interpretation

2.1 In this Easement, unless the context otherwise requires:

Utilities means any structure, pole or other appurtenant structure for the provision of utilities or services supplied to or used on the land, including but not limited to electricity, gas, telephone, storm water, sewage and water.

Easement Facility in relation to a right to convey wastewater, means pipes, conduits, 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.

Servient Land means Lot 1 DP 311820 and Lot 1 DP 9694 (Computer Freehold Register 46624).

Stipulated Area means the area marked “A” on SO 488546.

2.2 In the interpretation of this Easement:

(a) words importing the singular or plural number shall be deemed to include the plural and singular number respectively;

(b) the headings appearing are inserted only as a matter of convenience and in no way define, limit or describe the scope or intent of the clauses of this Easement nor in any way affect this Easement;

(c) references to any party include that party’s executors, administrators, and assigns, or being a company, its successors and assigns; and

(d) all covenants on the part of the Grantor shall be deemed to be covenants by each of the registered proprietors included in the term “Grantor” and shall jointly and severally bind each of the registered proprietors and their respective executors, administrators, successors and assigns.

3. Grant of Rights, Powers and Privileges

3.1 The Grantee (to the exclusion of the Grantor and any other party) shall have the full free uninterrupted and unrestricted right liberty and licence at all times hereafter:

(a) to take and convey wastewater in a free and unimpeded flow (except during any periods of necessary cleaning and repairing) through the Easement Facility and over the Stipulated Area; and

(b) to lay, make, construct, maintain, alter or repair the Easement Facility as the Grantee shall from time to time think fit.

3.2 The Easement Facility referred to in 3.1(a) and (b) is the Easement Facility laid or to be laid along the Stipulated Area.

3.3 No power is implied in respect of any easement for the Grantor to determine the easement for breach of any provision of this Easement (whether express or implied) or for any other cause, it being the intention of the parties that the easement shall subsist until it is surrendered in writing.

4. Grantee’s Rights

4.1 For the purpose of performing any duty or in the exercise of any rights implied in this Easement the Grantee may:

(a) enter upon the Servient Land by either the Council owned adjoining property to the east of the Servient Land or by the most practicable route from the nearest public street across any part of the Servient Land;

(b) remain on the Servient Land for a reasonable time for the purposes of completing any work;

(c) bring on to the Servient Land such materials, tools, equipment, machinery, vehicles or other things as may be necessary for the purposes of completing the necessary work;

(d) leave any vehicle or equipment on the Servient Land for a reasonable time if work is proceeding;

(e) sink and make trenches and shafts on the Stipulated Area;

(f) excavate any clay, gravel, shingle, stones, and earth from the Stipulated Area;

(g) inspect, maintain, cleanse, repair, extend, remove, enlarge or replace the Easement Facility;

(h) install gates in the Grantor’s fence line where the fence line crosses the Stipulated Area; and

(i) generally do and perform such acts and things in or upon the Stipulated Area as may be necessary or proper for or in relation to any of the purposes of this easement.

5. Grantor’s Obligations

5.1 The Grantor will not:

(a) build over or erect any other improvements upon, plant trees upon or permit any tree roots to grow within the Stipulated Area;

(b) permit any Utilities to be located within the Stipulated Area unless the siting and installation of such Utilities is expressly consented to in writing by the Grantee, such consent to be at the sole discretion of the Grantee;

(c) do or permit or suffer to be done anything which may in any way injure or damage the Easement Facility or interfere with the free flow and passage of any matter through the Easement Facility. If the Grantor is in breach of this obligation the Grantor shall promptly, at the Grantor’s expense, properly and substantially repair and make good all such injury or damage and restore such free flow and passage. If the Grantor fails to promptly comply with this obligation then the Grantee may perform the obligation and recover any costs incurred from the Grantor.

6. Grantee’s Obligations

6.1 The Grantee shall at its own cost:

(a) install, maintain and cleanse the Easement Facility so that it is not or does not become a nuisance or annoyance to the Grantor;

(b) remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the Stipulated Area or dispose of such material on the Servient Land with the agreement of the Grantor;

(c) upon the Grantee disturbing the surface of the Stipulated Area for any reason, without delay restore the same as nearly as possible to its original condition;

(d) repair and make good any damage which may be done to any fence, building or improvement, or to any part of the Grantor’s land, in the exercise by the Grantee of any of the rights granted by this Easement, but the Grantee shall not be responsible for the cost of removing or damaging any fence, building, improvement or trees upon, or any tree roots growing within, the Stipulated Area, as prohibited under clause 5.1(a).

7. Easement Facility to be Property of Grantee

7.1 The Easement Facility and any other structures, plants or equipment erected or installed by the Grantee on the Stipulated Area shall be the property of the Grantee.

8. Limitation of Liability

8.1 Any right of action which shall at any time accrue to the Grantee by reason of breach or non-observance by the Grantor of any of the covenants contained in this Easement may be enforced by the Grantee only against:

(a) the registered proprietor for the time being of that part of the Stipulated Area in respect of which such breach or non-observance shall occur; and

(b) the registered proprietor at the time of such occurrence,

to the intent that the liability of any registered proprietor of the Stipulated Area shall cease (except as to any breach or non-observance occurring during the period of ownership of that registered proprietor) upon registration of a transfer of ownership.

9. Default

9.1 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 seven working days from service of the notice of default, the other party may meet the obligation;

(b) if, at the expiry of the seven 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; and

(d) the other party may recover from the party in default, as a liquidated debt, any money payable under this clause.

10. Arbitration

10.1 If any dispute arises between the parties relating to this Easement, that dispute shall be determined by a single arbitrator should the parties agree upon one or, failing agreement, by a single arbitrator to be appointed by the President for the time being of the New Zealand Law Society, in accordance with the Arbitration Act 1996 or any statute enacted in substitution of that Act and for the time being in force.

11. General Provisions

11.1 Nothing contained or implied in this Easement shall be construed so as:

(a) to compel the Grantee to exercise all or any of the rights granted by this Easement at any time and the Grantee may commence, discontinue or resume the exercise of all or any such rights at will; or

(b) to abrogate, limit, restrict or abridge any of the rights, powers or remedies vested in the Grantee by statute.

11.2 The Grantee shall pay the Grantor’s reasonable legal costs of the preparation, registration, variation and any surrender of this Easement.

11.3 The following provisions are applicable to the easement granted by this Easement:

(a) The rights, powers and privileges conferred on the Grantee by this Easement are in substitution for the definition of “Easement Facility” and the rights and powers set out in clauses 3–14 in Schedule 4 of the Land Transfer Regulations 2002 but the remaining provisions of the Land Transfer Regulations 2002 shall apply to this Easement;

(b) where there is a conflict between the provision of the Fifth Schedule of the Property Law Act 2007 and the Fourth Schedule of the Land Transfer Regulations 2002, the provisions of the Fifth Schedule of the Property Law Act 2007 will prevail;

(c) where there is a conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 or the Fifth Schedule of the Property Law Act 2007 and the provisions of this Easement, the provisions of this Easement will prevail.

Dated at Gore this 14th day of August 2015.

STEPHEN PARRY, Chief Executive of Gore District Council.