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 Second Schedule to this notice is acquired over the land described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Whanganui District Council for telecommunication purposes (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Whanganui District

First Schedule

The Grantor’s Land

Lot 2 Deposited Plan 522073 comprised in part Record of Title 828098.

Second Schedule

Easement in Gross Acquired

A right to convey telecommunications easement in gross over the land marked “A” on SO 570063.

Third Schedule

Easement Rights and Powers and Covenants

The Easement shall contain the rights and powers implied into right to convey telecommunications and all classes of easements by Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) with the following variations and additions:

1. Interpretation:

In this Easement, unless the context requires otherwise:

easement facility means radio transmitting and receiving equipment (crossband link with 2x Tait radios and pole mounted enclosure) antennas, aerials, solar panels, cabinets and or shelter, wires, cable (containing wire or other media conducting materials), ducts, surface boxes, towers, poles, transformers, switching gear, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution;

Emergency means a situation in which there is a probable danger to life or property or immediate risk to the continuity or safety, security or operation of the easement facility.

2. General Rights

2.1. The Grantee may at all times at the Grantor’s cost remove any natural or cultivated vegetation or improvement on the burdened land which may prevent clear line of sight or interfere with the rights granted by this easement.

3. Grantee’s Covenants

3.1. The Grantee shall at its cost be responsible for:

1. the installation of and maintenance of the easement facility located on the easement area;
2. using its best endeavours to prevent the easement facility located on the easement area becoming a danger to any user or occupier of the burdened land;
3. using reasonable efforts to prevent the easement facility located on the easement area becoming a nuisance to any user or occupier of the burdened land and, if such nuisance arises, using reasonable efforts to remove or mitigate that nuisance;
4. maintenance of the easement area including weed control to ensure the area is not unkempt; and
5. compliance with its obligations under the Health and Safety at Work Act 2015 and at common law generally.

3.2. The Grantee will at the Grantee’s own cost repair any damage to the burdened land (including any damage to any fence, other improvement or crops) 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.

4. Access

4.1. The Grantee may at any time enter upon the burdened land using such routes as prescribed by the Grantor (acting reasonably) from time to time, and whether with or without vehicles, machinery and implements of any kind for purposes associated with the creation and exercise of the Grantee’s rights and powers under this easement. The Grantee shall give the Grantor 24 hours’ prior verbal notice that the Grantee intends to enter upon the burdened land (except in the case of an Emergency, when the Grantee will, where practicable and possible, attempt to give the Grantor prior verbal notice but will be under no obligation to do so) and for the avoidance of doubt, clause 12(2) of Schedule 5 does not apply. Without limitation to the preceding provisions, the Grantor shall not at any time restrict or impede access to the easement area (including by way of subdivision of the burdened land) by the Grantee and, upon request by Grantee, will provide the Grantee with all necessary keys required from time to time to gain access to the burdened land and the easement area.

4.2. The Grantee will, in having access to the burdened land under clause 4.1, comply with all reasonable requirements or conditions previously notified to the Grantee by the Grantor.

4.3. The Easement has been negotiated on the basis that as at the date of the Easement, the Grantee only accesses the easement area irregularly, several times each year. Should the Grantee’s access to the easement facility increase for reasons other than repair and maintenance of the easement facility (whether because of upgrade of the easement facility or otherwise), the parties agree that they will negotiate in good faith changes to the terms of the Easement which reflect the increase in access, including maintenance obligations in respect of the access route. The dispute resolution process in Schedule 5 of the Land Transfer Regulations 2018 shall apply in the event that the parties are unable to agree on revised terms.

4.4. The Grantee is aware of its obligations and duties under the Health and Safety at Work Act 2015 and warrants that:

1. it has written rules and procedures relating to health and safety which it shall follow to ensure the safety of its employees and other persons attending the easement area;
2. it will identify possible hazards for its employees or other persons in the easement area;
3. it will take all practicable steps to eliminate, isolate or minimise the hazards and ensure that people working in the easement area are not harmed by the hazards;
4. it will comply with any reasonable occupational health and safety directions as are provided by the Grantor from time to time during the term of the Easement and will from time to time (and if requested by the Grantor) provide the Grantor its plans/policies for entry onto the easement area and across the burdened land.

5. Grantor’s Covenants

5.1. The Grantor will not without the written consent of the Grantee:

1. grow or permit to be grown any natural or cultivated vegetation (excluding pasture) on the easement area or in the near vicinity of the easement area or otherwise encroaching upon the easement area; or
2. erect or permit to be erected any improvement or structure (including but not limited to hoardings, signs, buildings, sheds, fences or roads) on the easement area; or
3. do anything on the burdened land that may damage or endanger the easement facility including anything that would in any way interfere with the operation of the easement facility and the transmission of telecommunications and signals; or
4. do any act or allow to be done any act on the burdened land which will interfere with the rights granted by this easement and will not at any time do, permit or suffer any act whereby the full and free use and enjoyment by the Grantee of the rights and privileges granted by this easement are interfered with.
5. install or operate or allow to be installed or operated any equipment on or about the burdened land that causes or is likely to cause interference (as defined in section 2 of the Radio Communications Act 1991) to the operation of the easement facility.

5.2. Notwithstanding clauses 5.1(a) and (c), the Grantee agrees that the Grantor may plant pine trees (or other trees of a commercial nature) around the easement area. The Grantee agrees to occupy the easement area and use the easement facility at the Grantee’s risk in respect of any such trees planted on the burdened land and releases to the full extent permitted by law the Grantor and the Grantor’s agents from all liabilities and claims which may arise in respect of any accident or damage to the easement facility from trees falling in or about the easement area, unless and to the extent such damage is caused by the Grantor intentionally felling such trees.

5.3. The Grantor shall ensure that the easement area is kept clear of obstructions at all times.

6. Easement Facility to be Property of Grantee

6.1. The easement facility is and shall remain the sole property of the Grantee and the Grantee shall not be required to remove the easement facility at any time. No person shall have any interest in the easement facility by reason only of having an interest or estate in the burdened land.

6.2. If this easement is surrendered, at the time of surrender the Grantee shall remove the easement facility and all associated equipment and make good any damage caused to the burdened land in undertaking such removal and leave the easement area in clean and tidy condition reasonably comparable to the surrounding burdened land.

7. Telecommunications Act 2001 and Radio Communications Act 1989

7.1. Nothing in this easement shall limit, exclude or alter any of Grantee’s rights, remedies or powers under the Telecommunications Act 2001 or the Radio Communications Act 1989

8. Grantee May Surrender

8.1. The Grantee:

1. may at any time give the Grantor written notice of its intention to surrender any or all of the Grantee’s rights; and
2. may at any time more than 1 month after giving the notice, at its own cost, surrender the right/s.

9. General

9.1 The meaning of any words in this easement shall be that given in paragraph 1 of the Regulations where applicable.

9.2. Where there is any conflict between the provisions of the Regulations and the additional terms set out herein, the provisions set out in this document shall prevail.

Dated at Wellington this 1st day of April 2022.

SANKET PALSHIKAR, for the Minister for Land Information.

(LINZ CPC/2005/10911)