Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kavya Shrivastava, 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 over the land described in the First Schedule (“Land”) for the purposes of the Feilding Industrial Wastewater and Stormwater Easement Project upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Manawatu District Council (“Grantee”) on the date of publication hereof in the New Zealand Gazette.
Wellington Land District—Manawatu District
Part Lot 12 Deposited Plan 2994 (Part Record of Title WN701/28).
Part Lot 13 and Lot 14 Deposited Plan 2994 (Part Record of Title WN784/97).
Lot 1 Deposited Plan 88492 (Record of Title WN56B/17).
Lot 2 Deposited Plan 88492 (Record of Title WN56B/18).
Part Lot 16 Deposited Plan 2994 (Record of Title WN38B/294).
Lot 1 Deposited Plan 72163 (Part Record of Title WN38B/293).
Part Lot 17 Deposited Plan 1076 (Record of Title WN28B/545); Lot 2 Deposited Plan 529612 (Part Record of Title 859986).
Part Lot 2 Deposited Plan 444579 (Record of Title 557741).
Easement to be Acquired
A right to convey effluent easement in gross over that part of the Land marked A, C, E, G, I, K, N, Q, U, W and X on SO Plan 546555 (“Burdened Land”).
Effluent Easement Terms and Conditions
The Grantor hereby grants by way of perpetual easement in gross for the benefit of the Grantee the easement rights as outlined herein.
“effluent conveyance area” means the stipulated area being that part of the burdened land subject to the conveyance easement.
1. The Grantee shall have the right to convey effluent in any quantities in free and unimpeded flow through effluent pipelines (whether constructed and installed by the Grantee or any other party) over, under and through the effluent conveyance area.
2. The Grantee shall have the right to inspect, repair, maintain, dig up, add to, enlarge, renew or replace the effluent conveyance pipelines together with such manholes, valves and service boxes as the Grantee shall think fit.
3. For the purpose of laying, inspecting, repairing, maintaining, digging up, adding to, enlarging, upgrading, renewing or replacing the effluent conveyance pipelines, manholes, valves and service boxes the Grantee shall have the free and uninterrupted right to enter upon the burdened land with such employees, agents and contractors with or without any necessary vehicles, implements, tools, materials and equipment of any kind and to open up the soil of the effluent conveyance area as shall be necessary thereto provided that the Grantee its employees, agents and contractors in exercising any of the rights herein granted shall cause as little disturbance to the burdened land as reasonably possible and will immediately upon completion of any work undertaken restore the surface of the burdened land as far as reasonably possible to its original condition or state. The obligation imposed upon the Grantee pursuant to this clause 3 to restore the surface of the burdened land as far as reasonably possible to its original condition or state shall not extend to requiring the Grantee to place the effluent conveyance pipelines, manholes, valves and service boxes below the surface of the burdened land or reinstate any trees or shrubs planted or reinstate any buildings, concrete works, permanent surfacing or other erections constructed on the burdened land in contradiction to clause 5 herein.
4. The Grantee shall repair and maintain the effluent conveyance pipelines, manholes, valves and service boxes in a good and efficient state of repair for the purposes for they are designed and will take all reasonable endeavours to prevent them from becoming a nuisance.
5. The Grantor shall not nor will allow any trees or shrubs to be planted or erect any buildings, or other erections (excluding fences) on or over the effluent conveyance area or at any time suffer or permit any act whereby the rights herein granted to the Grantee may be interfered with or affected.
6. The Grantor will whenever requested to do so but at the cost of the Grantee execute such further deeds and assurances as may be necessary for carrying these presents into effect.
7. The rights herein granted to the Grantee are declared to be in the nature of an easement in gross but nothing shall compel the Grantee to convey effluent under or through the burdened land.
8. The rights, immunities from liability, powers and remedies which the Grantee may now or hereafter possess or be entitled to have vested in it by virtue of any statute or at common law are not prejudiced, abrogated, limited, restricted or abridged by this grant of easement and the Grantee may exercise all or any part of the rights, privileges, liberties, powers and licences contained or implied herein either together, with or independently of any of the rights, liberties, privileges, powers, remedies and licenses vested in the Grantee at common law or by statute.
9. No power is implied for the Grantor to determine this easement for any breach of covenant or for any other clause whatsoever. The Grantor and Grantee intend this easement to subsist for all time or until it is duly surrendered.
10. In the event this easement is surrendered there shall be no obligation on the Grantee to remove any pipelines, conduits, manholes, valves or service boxes placed by the Grantee on or within the burdened land.
11. The easement terms set out in the Fifth Schedule to the Land Transfer Regulations 2018 relating to the right to drain sewage apply to the within easement but only to the extent that they are consistent with the terms set out in this easement instrument.
12. If any dispute or difference arises between the parties, the parties shall enter into negotiations in good faith to resolve the dispute or difference. If the dispute or difference is not resolved within one month of the date on which the parties begin their negotiations, the parties shall submit the dispute or difference to the arbitration of an independent arbitrator appointed jointly by the parties, and if one cannot be agreed upon within ten (10) working days to an independent arbitrator appointed by the representative for the time being of the Manawatu District Solicitors on the Board of the New Zealand Law Society, or to the President for the time being of the Manawatu District Lawyers Standards Committee, or in either case their nominee and such arbitration shall be carried out in accordance with the Arbitration Act 1996 or any then statutory provisions relating to arbitration.
Dated at Wellington this 31st day of August 2020.
K. SHRIVASTAVA, for the Minister for Land Information.