Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Deepal Chand, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easements in gross described in the Second Schedule to this notice are acquired over the land of Tina Aomarere (“Grantor”) 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 Manawatu District Council (“Grantee”) for easement infrastructure purposes (The Dalgety Easement Project) on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Manawatu District

First Schedule

The Grantor and the Grantor’s Land

Lot 2 DP 444579 (Record of Title 557741)

(“Land”)

Second Schedule

Easement in Gross Acquired

A right to convey water, electricity and telecommunications easement in gross over those parts of the land marked “Q” on SO 546555 and “A” on SO 582780

(“Easement”)

Third Schedule

Easement Rights and Powers and Covenants

Right to Convey Telecommunications and Right to Convey Electricity:

The telecommunications and electricity easements shall have the rights and powers implied into rights to convey telecommunications and rights to convey electricity and into all classes of easements set out in Schedule 5 to the Land Transfer Regulations 2018.

Right to Convey Water:

The Grantor hereby grants the easement rights as outlined herein.

The easement shall contain the rights and powers implied into rights to convey water and into all classes of easements by Schedule 5 to the Land Transfer Regulations 2018 with the following modifications and additions:

1. The Grantee shall have the right to convey water in any quantities in free and unimpeded flow through pipelines (whether constructed and installed by the Grantee or the Grantor) under and through the easement area.
2. The Grantee shall have the right to lay, inspect, repair, maintain, dig up, enlarge, renew or replace the pipelines together with such manholes, valves, service boxes and associated facilities as the Grantee shall think fit.
3. For the purpose of laying, inspecting, repairing, maintaining, digging up, enlarging, renewing or replacing the pipelines, manholes, valves, service boxes and associated facilities the Grantee shall have the free and uninterrupted right to enter upon the burdened land with such employees, agents and contractors with or without any necessary vehicles, implements, tools, materials and equipment of any kind and to open up the soil of the Easement area as shall be necessary thereto provided that the Grantee its employees, agents and contractors in exercising any of the rights herein granted shall cause as little disturbance to the burdened land as reasonably possible and will immediately upon completion of any works undertaken restore the surface of the burdened land as far as reasonably possible to its original condition or state. The obligation imposed upon the Grantee pursuant to this clause 3 to restore the surface of the burdened land as far as reasonably possible to its original condition or state shall not extend to requiring the Grantee to reinstate any trees or shrubs planted or reinstate any buildings, fences, concrete works, permanent surfacing or other erections placed on the burdened land in contradiction to clause 5 herein.
4. The Grantee shall repair and maintain the pipelines, manholes, valves, service boxes and associated facilities in a good and efficient state of repair for the purposes for which they are designed and will take all reasonable endeavours to prevent them from becoming a nuisance.
5. The Grantor shall not nor will allow any trees or shrubs to be planted or erect any buildings, fences, concrete works, permanent surfacing or other erections on or over the Easement area or at any time suffer or permit any act whereby the rights herein granted to the Grantee may be interfered with or affected.
6. The Grantor will whenever requested to do so but at the cost of the Grantee execute such further deeds and assurances as may be necessary for carrying these presents into effect.
7. Nothing shall compel the Grantee to convey water under or through the burdened land.
8. The rights, immunities from liability, powers and remedies which the Grantee may now or hereafter possess or be entitled to have vested in it by virtue of any statute or at common law are not prejudiced, abrogated, limited, restricted or abridged by this grant of easement and the Grantee may exercise all or any part of the rights, privileges, liberties, powers and licences contained or implied herein either together, with or independently of any of the rights, liberties, privileges, powers, remedies and licenses vested in the Grantee at common law or by statute.
9. No power is implied for the Grantor to determine this easement for any breach of covenant or for any other clause whatsoever. The Grantor and Grantee intend this easement to subsist for all time or until it is duly surrendered.
10. In the event this easement is surrendered there shall be no obligation on the Grantee to remove any pipelines, water purifying equipment, valves or service boxes placed by the Grantee on or within the burdened land.
11. The easement terms set out in Schedule 5 to the Land Transfer Regulations 2018 relating to the right to convey water apply to the within easement but only to the extent that they are consistent with the terms set out in this easement instrument.
12. If any dispute or difference arises between the parties, the parties shall enter into negotiations in good faith to resolve the dispute or difference. If the dispute or difference is not resolved within one month of the date on which the parties begin their negotiations, the parties shall submit the dispute or difference to the arbitration of an independent arbitrator appointed jointly by the parties, and if one cannot be agreed upon within 10 working days to an independent arbitrator appointed by the representative for the time being of the Manawatu District Law Society, or their nominee and such arbitration shall be carried out in accordance with the Arbitration Act 1996 or any then statutory provisions relating to arbitration.
13. The meaning of any words in this instrument shall be that given in clause 1 of Schedule 5 of the Land Transfer Regulations 2018 where applicable.
14. Where the terms of this instrument are in conflict with the Land Transfer Regulations 2018 the terms of this instrument shall prevail.

Dated at Wellington this 22nd day of March 2023.

D. CHAND, for the Minister for Land Information.

(LINZ CPC/2005/10896)