Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Trevor Knowles, Land Information New Zealand, declares that pursuant to an agreement to that effect having been entered into, the easement in gross described in the First Schedule to this notice is acquired for defence purposes over the land described in the Second Schedule to this notice, upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Her Majesty The Queen for defence purposes, on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District—Manawatu District
Easement to be Acquired
An easement in gross for the operation of a Runway Lighting System including a right to convey electricity easement in gross and right to convey telecommunications easement in gross over that part of the burdened land marked “A” on DP 546294.
Part Lot 2 DP 73248 comprised in Record of Title WN42C/61; shown marked “A” on DP 546294.
Interpretation, Terms and Conditions
Unless the context requires otherwise:
“Easement” means the easement rights hereby granted.
“easement area” means that part of the burdened land marked “A” on DP 546294.
“easement facility” means poles, buried electrical cable, wires, lights, concrete surrounds, telecommunications and computer equipment, fencing and anything in replacement or substitution required for the purposes of assisting navigation, landing, and other operational activities of the Royal New Zealand Air Force.
“grantee” means the Her Majesty The Queen and includes its agents, employees, assistants, contractors, successors and assigns.
“grantor” means the registered proprietor of the burdened land for the time being and where applicable includes successors in title and the grantor’s agents, employees, contractors, tenants, licensees, and other invitees of the grantor.
“burdened land” means the parcel of land over which the easement is registered being Part Lot 2 Deposited Plan 73248 contained in Record of Title WN42C/61.
Terms and Conditions of Easement
- The grantee may erect, install, operate, repair, renew, replace and maintain the easement facility on and under easement area for the purpose of assisting navigation, landing, and other operational activities of the Royal New Zealand Air Force.
- The Easement includes the right to:
- convey and lead electricity over the easement area for the purposes of operating the easement facility; and
- convey power, telecommunications and computer media over the easement area for the purposes of operating the easement facility.
- The grantee and its assistants and contractors may enter upon the burdened land from time to time and at all times with such notice to the grantor as shall be practicable for the purpose of gaining access to the easement area, with or without machinery, vehicles or equipment, for the purpose of carrying out repairs, maintenance or renewal of any of the said easement facility, and to open up the soil thereof to such extent as shall be necessary, provided that the surface shall be restored as nearly as possible to its original condition, and any other damage done is repaired or compensated, such repair maintenance or renewal work to be carried out with due regard to the grantor’s farming operations and as expeditiously as possible.
- The grantee shall be responsible for:
- the installation of and maintenance of the easement facility located on the easement area; and
- using its best endeavors to prevent the easement facility becoming a danger to any user or occupier of the burdened land.
- The grantee will, in exercising the rights granted to the grantee under this easement cause as little damage as reasonably possible to the burdened land.
- The grantee will at the grantee’s own cost repair and make good any damage to the burdened land (including without limitation any damage to any building(s), fences or other improvements) caused by the grantee in exercising the grantee’s rights and powers under this easement as reasonably close as possible to the original condition of the burdened land prior to such damage and to the reasonable satisfaction of the grantor.
- The grantee reserves the right to fence in any poles where lights are considered to be endangered by stock.
- The grantor:
- may carry on normal pastoral operations on the easement area provided that the surface of the ground shall not be ploughed or broken up to such a depth as to endanger the easement facility and in particular any buried electrical cables.
- will not do anything on the easement area that may damage or endanger the easement facility.
- In the event that the grantee no longer requires the Easement, the grantee:
- may at any time give the grantor written notice of its intention to surrender the grantee’s rights under this Easement; and
- may at any time more than one month after giving the notice, at its own cost, surrender the grantee’s rights and its interest in the land whether pursuant to section 54 of the Public Works Act 1981 or otherwise subject to clause 10.
- On surrender, the grantor:
- Releases and discharges the grantee from all its obligations and liabilities under this easement in respect of the right; and
- Must, at the grantee’s cost, execute a surrender instrument or any similar document on request by the grantee.
- Clause 10 does not affect any rights or liabilities arising before the surrender.
- On surrender the grantee shall remove the easement facility from the easement area and restore the ground so disturbed to a satisfactory standard of topsoil and regressing at the cost of the grantee, and at a time suitable to the grantor’s farming operations.
- The rights and powers implied by the Fifth Schedule to the Land Transfer Regulations 2017 shall be deemed incorporated and form part of this Easement but where any conflict arises the terms of this Easement shall prevail.
Dated at Wellington this 7th day of May 2020.
TREVOR KNOWLES, for the Minister for Land Information.