Pursuant to sections 20 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, an agreement to that effect having been entered into, an easement in gross in favour of the Auckland Council over the land described in the First Schedule to this notice is hereby acquired by the Auckland Council for use in connection with a road on the terms and conditions set out in the Second Schedule to this notice on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District—Auckland
Easement in Gross Acquired
|0.0001||Part Lot 1 DP 159593; shown marked “A” on SO 564406 (part Record of Title NA96A/36).|
Terms of the Easement Acquired
The easement rights are in addition to those set out in the Fifth Schedule of the Land Transfer Regulations 2018.
Auckland Transport means Auckland Transport established under section 38 of the Local Government (Auckland Council) Act 2009;
Burdened Land means the Grantor’s land described in the Record of Title NA96A/36;
Easement Area means that part of the Burdened Land where the Pathway Encroachment is located marked “A” on SO Plan 564406;
Pathway Encroachment means part of the shared pathway constructed for the New Lynn to Avondale Shared Pathway Project that encroaches onto the Burdened Land;
Grantee means Auckland Council established under section 6 of the Local Government (Auckland Council) Act 2009 and its successors and includes the agents, employees, contractors, licensees and invitees of the Grantee, and for the purposes of this instrument, includes Auckland Transport;
Grantor means the registered owner of the Burdened Land and includes the agents, employees, contractors, tenants, licensees and other invitees of the Grantor, and includes the Grantor’s successors in title as registered owner of the Burdened Land; and
Working Day has the meaning given to it in the Property Law Act 2007.
2. Grant of Right of Way
2.1 The Grantor grants to the Grantee the full, free and unrestricted right, liberty and privilege in perpetuity to enter onto the Easement Area at any time to use, inspect, maintain, repair or reconstruct the Pathway Encroachment.
3. Obligations of the Grantee
3.1 The Grantee shall use reasonable endeavours to cause as little disturbance to the Grantor or the lawful use of the Burdened Land by the Grantor, although the Grantor accepts that this provision shall not prevent, restrict or hinder the Grantee from exercising its rights in a manner consistent with the terms and conditions of this easement.
3.2 The Grantee shall at its own cost be solely responsible for the maintenance and repair of the Pathway Encroachment and keep it in good order and condition and prevent it from becoming a danger or a nuisance.
4. Grantor’s Obligations
4.1 The Grantor shall not construct, place or erect any building or other structure on the Easement Area or do anything that may compromise the structural integrity of the Pathway Encroachment.
4.2 The Grantor shall not grow, or permit to be grown, any trees on the Easement Area or otherwise encroaching onto the Pathway Encroachment.
5. No Power to Terminate
5.1 No power is implied for either party to terminate this easement or any rights granted under this easement for breach of any provision in this easement by the other party or for any other cause, it being the parties’ intention that the easement rights will continue forever unless surrendered.
6.1 If any dispute arises between the Grantor and Grantee concerning the rights under this easement, the parties must enter into negotiations in good faith to resolve their dispute. If the dispute is not resolved within one month of the date on which the parties begin their negotiations, the parties must submit to the arbitration of an independent arbitrator appointed jointly by the parties. If the parties cannot agree on an independent arbitrator within 14 days, the parties will submit to the arbitration of an independent arbitrator appointed by the President for the time being of the New Zealand Law Society. That arbitration will be determined under the Arbitration Act 1996 and its amendments or any enactment passed in substitution. The parties’ execution of this easement instrument will be deemed a submission to arbitration.
Dated at Wellington this 25th day of January 2022.
S. PALSHIKAR, for the Minister for Land Information.