Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Sanket Palshikar, 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 (“Easement”) is acquired over the land of The Remuera Rackets Club (Incorporated) (“Grantor”) 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 Her Majesty The Queen for Motorway Purposes (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land District—Auckland
A Maintenance and Access easement in gross over part Section 6 SO 564026 marked A on SO 564026 and over part Section 7 SO 564026 marked B on SO 564026 (“Easement Area”).
The Burdened Land
Section 6 SO 564026 comprised in Record of Title 1022518
Section 7 SO 564026 comprised in Record of Title 1022519
Terms and Conditions
Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2018 and/or Schedule Five of the Property Law Act 2007
The implied rights and powers are hereby substituted by the provisions set out in the Third Schedule to this notice.
1. In this Easement, unless the context requires otherwise,—
Easement Area means that part of the Burdened Land that is subject to this Easement, as stated in the First Schedule of this notice;
Grantee means the person having the benefit of this Easement in gross, and includes the agents, employees, contractors, tenants, licensees, and other invitees of the Grantee, including the NZ Transport Agency, its successors at law and officers, employees, contractors, agents and invitees. Specifically, the NZ Transport Agency may (directly or through any person so authorised) exercise any of the Grantee’s powers and rights under this Easement, and for the purposes of the Contract and Commercial Law Act 2017 this Easement is accordingly intended to confer a benefit on the NZ Transport Agency;
Grantor means the registered proprietor of the burdened land, and includes the agents, employees, contractors, tenants, licensees, and other invitees of the Grantor;
Burdened Land means the parcel of land over which this Easement is registered, referred to as the “Burdened Land” in the Second Schedule of this notice; and
Working Day means a day on which registered banks are open for business in Auckland, excluding Saturdays, Sundays, public holidays and any day in the period commencing on the 23rd December in any year and ending on the 10th day of January in the following year, both days inclusive.
2. The Maintenance and Access Easement includes the full and free right, leave, liberty and licence from time to time, for the Grantee to do all or any of the following:
- enter, pass, repass and remain on, over or along the Easement Area by any reasonable means with or without vehicles, machinery, or equipment;
- keep the Easement Area kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the Easement Area by the Grantee, during those times when the Grantee is using the Easement Area; and
- anything reasonably necessary for the purpose of implementing or exercising any right, leave, liberty or licence granted to the Grantee under this Easement.
3. The Grantor will remain responsible for all repair, maintenance, replacement and improvement of the Easement Area, except for any damage directly caused by the Grantee’s use of the Easement Area, which the Grantee will be responsible for remedying.
4. The Grantee will only exercise its rights under this Easement for the inspection, repair, maintenance, replacement, removal or re-installation of infrastructure in relation to State Highway 1 and/or on land vested in the Grantee which is adjacent to the Easement Area.
5. Subject to the overriding need to address urgent safety issues or otherwise in relation to the Grantee’s statutory responsibilities:
5.1 if the Grantee wishes to enter the Easement Area, the Grantee must first give the Grantor at least 3 Working Days’ notice of that intention and the duration and purpose of that access; and
5.2 the Grantee will endeavour to accommodate any concerns expressed by the Grantor in relation to anticipated inconvenience or hardship caused by the Grantee’s proposed access. The Grantor must advise the Grantee of any such concerns promptly after receiving notice under clause 5.1.
6. The Grantee will use its reasonable endeavours to minimise any inconvenience or disturbance to the Grantor or the use and enjoyment of the balance of the Burdened Land caused by the Grantee’s exercise of its rights under this Easement, except for any inconvenience or disturbance that is the inevitable and natural consequence of the Grantee’s exercise of those rights.
7. The Grantor covenants with the Grantee not to:
7.1 install, erect, build or otherwise cause or allow to be established on the Easement Area any structure or improvement which cannot be removed; or
7.2 grant any third party any rights in relation to the Easement Area which cannot be suspended;
within the time period referred to in clause 5.1 or which would otherwise restrict or hinder the Grantee’s exercise of its rights under this Easement.
8. The Grantor acknowledges that this Easement has been granted for valuable consideration received, in full compensation for the grant of this Easement and any injurious affection or disturbance that may result from the grant of, or exercise of the rights in, this Easement. The Grantee will not under any circumstances be liable for any payment of rent or other compensation whatsoever to the Grantor in relation to this Easement and the exercise of the Grantee’s rights under this Easement.
Dated at Wellington this 13th day of October 2021.
S. PALSHIKAR, for the Minister for Land Information.