Notice is hereby given that Buller District Council proposes to take under the Public Works Act 1981 for water supply purposes for the Punakaiki Water Supply Project:

1. The land described in the First Schedule to this notice (“Land”).

2. An easement in gross for a right of way (“Right of Way Easement”) over that part of the land described in the Second Schedule to this notice (“Right of Way Easement Area”) and containing the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) except as varied by the terms set out in the Fourth Schedule to this notice.

3. An easement in gross for a right to convey water (“Right to Convey Water Easement”) over that part of the land described in the Third Schedule to this notice (“Water Easement Area”) and containing the rights and powers set out in the Regulations except as varied by the terms set out in the Fifth Schedule to this notice.

The Right of Way Easement and the Right to Convey Water Easement are together referred to in this notice as the Easements.

The Land and Easements are required for water supply purposes. The Land is required for a water supply infrastructure. The Right of Way Easement is required to provide access for inspection and maintenance of the water supply infrastructure on the Land. The Right to Convey Water Easement is required to have the right to take and convey water from the Land.

The Land and Easements are required to protect and preserve water supply to Punakaiki.

The owner of the Land, Right of Way Easement Area and Water Easement Area and those persons with a registered interest in it have been served with notice of Buller District Council’s intention to take the Land and Easements and notified of their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Environment Court, Justice & Emergency Services Precinct, 20 Lichfield Street, Christchurch, or by post to WX11113, Christchurch, or PO Box 2069, Christchurch 8013, within 20 working days after the date of publication of this notice.

If any objection is made in accordance with this notice, a public hearing will be held with the right of the objector to appear and be heard personally unless the objector otherwise requires and each objector will be informed of the time and place of the hearing.

Any person requiring further information in respect of this advice should contact Heather Bryant, The Property Group Limited, Level 1, 4 Akersten Street, Nelson 7010. Postal Address: PO Box 1551, Nelson 7040. Telephone: (03) 363 5901.

Nelson Land District—Buller District

First Schedule

Land

0.0025 hectares being part of Lot 1 Deposited Plan 13980 (Record of Title NL8C/1148); shown as Section 1 on Survey Office Plan 504661.

Second Schedule

Right of Way Easement

Part Lot 1 Deposited Plan 13980 (Record of Title NL8C/1148); shown marked A on Survey Office Plan 504661.

Third Schedule

Right to Convey Water Easement

Part Lot 1 Deposited Plan 13980 (Record of Title NL8C/1148); shown marked C on Survey Office Plan 504661.

Fourth Schedule

Variation of Right of Way Easement Terms

Interpretation:

1. In this Right of Way Easement, unless the context requires otherwise:

easement facility means an access track for pedestrian access over the Right of Way Easement Area and includes any equipment, structures and fixtures reasonably required for facilitating safe access along the Right of Way Easement Area.

Grant of Pedestrian Right of Way

2. The grantor grants to the grantee the right for the grantee and invitees of the grantee, at all times, to go over and along the Right of Way Easement Area at any time, on foot for the purpose of accessing water infrastructure located on the Land and land adjoining the Land.

Grantor’s Rights and Obligations

3. The grantor covenants with the grantee that it will not at any time do or permit to be done anything on the Right of Way Easement Area which may damage or obstruct the easement facility or which may interfere with or affect the full free use and enjoyment by the grantee and the rights, powers and privileges granted under this Right of Way Easement.

Grantee’s Rights and Obligations

4. The grantee will use reasonable endeavours to cause as little disturbance and disruption to the carrying on of the normal or reasonable operations of the grantor or the lawful use of the burdened land by the grantor, although the grantor accepts that this provision will not prevent, restrict or hinder the grantee from exercising its rights in a manner consistent with the terms and conditions set out under this Right of Way Easement.

5. The grantee will have the full, free and unrestricted right, liberty and privilege at any time to:

1. repair, inspect, maintain, replace, alter, upgrade, and operate the easement facility (and any associated equipment, structures and fixtures reasonably necessary to facilitate safe access) on the Right of Way Easement Area; and
2. excavate the Right of Way Easement Area for all or any of the purposes referred to above; and
3. lay, place, maintain and replace anchors and associated equipment in the Right of Way Easement Area for the purpose of securing any structures and fixtures to facilitate safe access on the Right of Way Easement Area; and
4. enter the Right of Way Easement Area with all required machinery and equipment and remain upon the Right of Way Easement Area for the purposes of:
1. maintaining, inspecting, repairing, renewing, altering, replacing and upgrading, the easement facility (including the right to excavate land for the purpose of that construction); and
2. carrying out in or under the Right of Way Easement Area anything that the grantee may consider necessary, convenient or desirable to do for the exercise by the grantee of its rights under this Right of Way Easement.

Repair, Maintenance and Costs

6. Subject to clause 7, the grantee is solely responsible for the maintenance and repair (and any action undertaken pursuant to clause 5) of the easement facility to ensure that the easement facility is kept in good order and to prevent it from becoming a danger or nuisance.

7. Any repair or maintenance of the easement facility that is attributable to an act or omission by the grantor must be promptly carried out by the grantor at its sole cost, or the grantee may at its sole discretion undertake such repair or maintenance and recover the costs as a debt from the grantor.

8. Except in the case of an emergency, before carrying out any maintenance and/or repair pursuant to clause 6, the grantee must, to the extent that such works may interfere with or restrict the rights of the grantor, provide the grantor with reasonable notice setting out the timing of the works and take all reasonable steps to minimise any inconvenience to the grantor.

General

9. Where there is any conflict between the Regulations and the modifications in this notice, the modifications will prevail.

10. For the avoidance of doubt the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated, the Right of Way Easement not being a vehicular right of way.

11. The Right of Way Easement will commence on the 14th day after publication of a proclamation taking the Right of Way Easement in the New Zealand Gazette.

Fifth Schedule

Variation of Right to Convey Water Easement Terms

Interpretation:

1. In this Right to Convey Water Easement, unless the context requires otherwise:

easement facility means a right to convey water, from any watercourse, open channel, telemetry, pipes, 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:

Grantor’s Obligations

2. The grantor covenants with the grantee that it will not at any time do or permit to be done anything on the Water Easement Area which may damage or obstruct the easement facility or which may interfere with or affect the full free use and enjoyment by the grantee and the rights, powers and privileges granted under this Right to Convey Water Easement.

Grantee’s Rights and Obligations

3. The grantee will use reasonable endeavours to cause as little disturbance and disruption to the carrying on of the normal or reasonable operations of the grantor or the lawful use of the burdened land by the grantor, although the grantor accepts that this provision will not prevent, restrict or hinder the grantee from exercising its rights in a manner consistent with the terms and conditions set out under this Right to Convey Water.

4. The grantee will have the full, free and unrestricted right, liberty and privilege at any time to:

1. take and convey water in free and unimpeded flow from the source of supply or point of entry through the easement facility and over the Water Easement Area;
2. do all things necessary to maintain the Water Easement Area including (without limitation):
1. to maintain, plant or remove any vegetation including grasses on the Water Easement Area;
2. to prevent or regulate access to the Water Easement Area temporarily for the purpose of activities outlined in clause 4(c), (d) and (e).
3. to prevent or regulate the excavation of land on the Water Easement Area.
3. enter the Water Easement Area with all required machinery and equipment and remain upon the Water Easement Area for the purposes of:
1. maintaining, inspecting, repairing, renewing, altering, replacing and upgrading the easement facility (including the right to excavate land for the purpose of that construction); and
2. carrying out in or under the Water Easement Area anything that the grantee may consider necessary, convenient or desirable to do for the exercise by the grantee of its rights under this Right to Convey Water Easement.
4. use, upgrade, replace, maintain and repair any easement facility already situated in the Water Easement Area for the purpose of conveying water; and
5. if no suitable easement facility exists or the existing easement facility is unsuitable, the right to lay, install, and construct in the Water Easement Area (including the right to excavate land for the purpose of that construction) an easement facility as reasonably required by the grantee for the better enjoyment of its rights under this Right to Convey Water Easement.

Repair, Maintenance and Costs

5. The grantee is solely responsible for the maintenance and repair (and any action undertaken pursuant to clause 4) of the easement facility to ensure that the easement facility is kept in good order and to prevent it from becoming a danger or nuisance.

6. Any repair or maintenance of the easement facility that is attributable to an act or omission by the grantor must be promptly carried out by the grantor at its sole cost, or the grantee may at its sole discretion undertake such repair or maintenance and recover the costs as a debt from the grantor.

7. Except in the case of an emergency, before carrying out any maintenance and/or repair pursuant to clause 5, the grantee must, to the extent that such works may interfere with or restrict the rights of the grantor, provide the grantor with reasonable notice setting out the timing of the works and take all reasonable steps to minimise any inconvenience to the grantor.

8. The grantee is responsible for the costs of any electricity used for the conveyance of water within the Water Easement Area.

General

9. Where there is any conflict between the Regulations and the modifications in this notice, the modifications will prevail.

10. The Right to Convey Water Easement will commence on the 14th day after publication of a proclamation taking the Right to Convey Water Easement in the New Zealand Gazette.

The land is located at 4730 State Highway 6, Paparoa National Park, Punakaiki.

Dated at Westport this 4th day of August 2021.

SHARON MASON, Chief Executive, Buller District Council.