Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Enoka, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, an easement in gross for a right to convey water is hereby acquired over the land owned by Havelock Bluff Limited (“Grantor”) and described in the First Schedule to this notice, in favour of the Waikato District Council (“Grantee”), upon the terms and conditions described in the Second Schedule to this notice, on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District—Waikato District
Easement to be Acquired
Part Lot 1 DP 51064 (Part Computer Freehold Register 614851); marked “A” on SO 488637.
Terms and Conditions of Easement to be Acquired
- The implied rights and powers in Schedule 4 to the Land Transfer Regulations 2002 (“Regulation Schedule”) are implied in this instrument and are varied by the provisions set out below under the heading “Modified Provisions”.
- Where there is a conflict between the Modified Provisions hereunder and the provisions of the Regulation Schedule, the Modifications must prevail.
Right to Convey Water
- The Grantee shall have the full free uninterrupted and unrestricted right at all times hereafter:
- to take and convey water in a free and unimpeded flow (except during periods of necessary cleaning and repairing) through the easement facility and over the servient land; and
- to lay, make, construct, maintain, alter or repair the easement facility from time to time as the Grantee shall think fit.
- The easement facility referred to in 1(a) and (b) is the easement facility laid or to be laid along the area marked “A” on SO 488637.
Rights and Powers Applying to All Easements Created by this Instrument
- The term of this easement is for 1,000 years from 1 April 2015.
- That subclause (a) of the definition of “easement facility” in clause 1 of Schedule 4 of the Regulation Schedule is varied by adding the word “valves” after the word “means” in the first line.
- That, without derogating from clause 10(2) of Schedule 4 of the Regulation Schedule:
- the Grantor shall not build, construct, erect or place any building or structure, including any gate or fence, nor undertake any work, including the creation of carparking or landscaping, nor deposit any fill on the easement facility or stipulated course or stipulated area except as designed, constructed or performed to the satisfaction of the Grantee;
- the Grantor shall not grant any easement or any other right over the stipulated course or stipulated area without the prior written consent of the Grantee which the Grantee may refuse where, acting reasonably, it believes that the granting of such easement or other right may interfere with the rights granted pursuant to this easement, or may grant consent on such conditions as it may reasonably require, including as to the depth and location of any pipes, cables for electricity, gas and communication to be laid on, in or through the stipulated course or stipulated area; and
- notwithstanding the provisions in clause 3(a) herein, the Grantor shall be entitled to grow grass, graze and crop the easement facility.
- For the purpose of performing any duty or in the exercise of any rights implied in this easement instrument, the Grantee may:
- enter upon the servient land by the most practicable route from the nearest public street across any part of the servient land;
- remain on the servient land for a reasonable time for the purposes of completing any work;
- bring on to the servient land such materials, tools, equipment, machinery, vehicles or other things which may be necessary for the purposes of completing the necessary work;
- leave any vehicle or equipment on the servient land for a reasonable time if work is proceeding;
- sink and make trenches and shafts on the stipulated area;
- excavate any clay, gravel, shingle, stones and earth from the stipulated area;
- inspect, maintain, cleanse, repair, extend, remove, enlarge or replace the easement facility; and
- 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.
- The Grantee shall:
- give the Grantor reasonable notice in writing of its intention to perform any work (including inspection) on the easement facility unless an extreme emergency requires immediate action;
- remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the stipulated area;
- 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; and
- 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 instrument, but the Grantee shall not be responsible for the cost of removing or damaging any fence, building or improvements or trees upon, or any tree roots growing within, the stipulated area, as prohibited under clause 3.
- The Grantor reserves the right to claim any economic loss suffered for the disturbance to the Grantor’s farming operation as a result of the Grantee’s works undertaken in accordance with clauses 4 and 5 herein.
- The Grantee shall obtain and comply with all statutory and regulatory consents required from time to time to exercise its rights under this easement and the Grantee will indemnify the Grantor in respect of all liabilities and direct damage or losses (including loss of profit) which the Grantor may incur in respect of any negligent act or omission by the Grantee or its employees, contractors, agents or invitees, or in respect of any wilful breach by the Grantee of any of its material obligations under this easement. The Grantee warrants and undertakes that it will:
- perform its operations in accordance with all applicable legislation, laws (including without limitation the Health and Safety in Employment Act 1992) and good industry practice in a proper and workmanlike manner;
- supply at its own cost all materials and plant necessary to perform the operations;
- ensure that all materials, machinery and plant used in the performance of the operations comply with the applicable statutory or industry or mandatory safety standards;
- at its own cost make good any errors, defects or omissions to the operations; and
- take all reasonable steps to mitigate any losses it may suffer or incur arising out of anything done or not done under or in connection with this easement.
- All structures, plant and equipment made or installed by the Grantee on the easement land may at any time be removed by it provided that any damage caused by such removal shall immediately be remedied by the Grantee and the land shall be reinstated as nearly as possible to its former condition (unless otherwise agreed), including resowing of grass and reinstatement of fences and farm tracks.
- Upon this easement instrument ceasing or being surrendered, the Grantee shall have the obligation within 12 months from such date (or such other date as agreed by the parties) to remove any improvements at its own expense and reinstate the easement land (as permitted in accordance with clause 3(c) herein) then the Grantee shall compensate the Grantor for damages caused to such crop or grass (whether ready for harvest or not).
- The easement facility and any other structures, plant or equipment erected or installed by the Grantee on the stipulated area shall be the property of the Grantee.
- Nothing contained or implied in this easement instrument shall be construed so as:
- to compel the Grantee to exercise all or any of the rights granted by this easement instrument at any time and the Grantee may commence, discontinue or resume the exercise of all or any such rights at will; and
- to abrogate, limit, restrict or abridge any of the rights, powers or remedies vested in the Grantee by statute.
Dated at Wellington this 4th day of May 2016.
J. ENOKA, for the Minister for Land Information.