Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jonathan Wright, 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 over the land described in the Second Schedule to this notice for sight line and visibility purposes, upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Whakatane District

First Schedule

Easement to be Acquired

An easement in gross for sight line and visibility purposes over that part of the land shown as Area “A” on SO 552499 (“Easement Land”)

Second Schedule

The Grantors Land

Part Lot 2 DP 12356 (part of Record of Title 702377) (“Burdened Land”)

Third Schedule

Easement Rights and Powers and Covenants

1. Definitions

Grantor means Noeleen Ethel Heath, together with her successors, administrators and assigns.

Grantee means Her Majesty The Queen for Use in Connection with a Road.

2. Grantors Obligations:

2.1 The Grantor shall:

2.1.1 Not plant or cause or allow to be planted any grasses, plants, trees or shrubs (excluding pasture grasses) on the Easement Land that may grow to a height of more than 20 centimetres above the existing ground level;

2.1.2 Not erect or place or allow to be erected or placed thereon any buildings, hoardings, signs or other erections or fences (other than the existing boundary fences) on the Easement Land at any time.

2.1.3 Not park vehicles of any kind, or any caravans, trailers or machinery on the Easement Land;

2.1.4 Ensure that the Easement Land is kept clear of any obstructions;

2.1.5 Be entitled to graze livestock on the Easement Land;

2.1.6 Be entitled to maintain, repair and replace the fence on the boundary of the Burdened Land and State Highway 30, provided that the fence shall remain at all times, either post and batten five wire or post and batten wire mesh rural fencing.

2.2 The Grantor must not do and must not allow to be done on the Burdened Land anything that may interfere with or restrict the rights of the Grantee.

3. Grantees Obligations:

3.1 The Grantee shall have the right to have access to the Easement Land at all reasonable times for the purposes of inspecting the Easement Land and to ensure the Grantor’s compliance with clauses 2.1.1 – 2.1.4

3.2 Notwithstanding anything in clause 4, but subject to clause 3.3 – 3.5 (inclusive), the Grantee shall be entitled to enter on to the Burdened Land for the removal without notice of any of the items referred to in clause 2.1.1 and/or the relocation without notice of any of the items or obstructions referred to in clauses 2.1.2 to 2.1.4 (inclusive) to alternative parts of the Burdened Land

3.3 or the purposes of the exercise of any rights conferred under clauses 3.1 and 3.2 the Grantee may;

3.3.1 Enter upon the Burdened Land by a reasonable route and with all necessary tools, vehicles and equipment;

3.3.2 Remain on the Burdened Land for a reasonable time for the sole purpose of completing the necessary work;

3.3.3 Leave any vehicles or equipment on the Burdened Land for a reasonable time if the work is proceeding; and

3.3.4 Must ensure that as little damage or disturbance as possible is caused to the Burdened Land or to the Grantor.

3.4 The Grantee must ensure that all work is performed in a proper and workmanlike manner and completed promptly.

3.5 The grantee must immediately make good any damage done to the Burdened Land by restoring the surface of the land as nearly as possible to its former condition.

3.6 The Grantee is not obliged to compensate the Grantor for any damage caused to any of the items or obstructions referred to in clauses 2.1.1 – 2.1.4 (inclusive)

4. Default

4.1 If the Grantor or the Grantee does not meet the obligations implied or specified herein;

4.1.1 The party not in default may serve on the defaulting party written notice requiring the defaulting party to meet a specific obligation and stating that, after the expiration of seven working days from service of the notice of default, the other party may meet the obligation;

4.1.2 If, at the expiry of the seven working day period, the party in default has not met the obligation, the other party may:

1. meet the obligation; and
2. for the purpose, enter Burdened Land;

4.1.3 The party in default is liable to pay the other party the cost of preparing and serving the default notice and the costs incurred in meeting the obligation;

4.1.4 The other party may recover from the party in default, as a liquidated debt, any money payable under this clause.

5. Dispute Resolution

5.1 If a dispute in relation to the easement arises between the Grantor and Grantee;

5.1.1 The party initiating the dispute must provide full written particulars of the dispute to the other party; and

5.1.2 The parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties; and

5.1.3 If the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties):

1. the dispute must be referred to arbitration in accordance with the Arbitration Act 1996; and
2. the arbitration must be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the District Law Society that has its headquarters closest to the land), or the branch of the successor to the District Law Society that is closest to the land, whichever the case may be.

Dated at Wellington this 26th day of February 2021.

JONATHAN WRIGHT, for the Minister for Land Information.

(LINZ CPC/2014/17885)