The Rt Hon Dame CINDY KIRO,
Governor-General

A Proclamation

Pursuant to section 26 Public Works Act 1981, I, The Right Honourable Dame Cindy Kiro, Governor-General of New Zealand, hereby declare:

1. the land described in the First Schedule (“land”)
2. a stopbank easement in gross (“easement”) described in the Second Schedule (“easement land”) on the terms set out in the Third Schedule

to be taken for soil conservation and river control purposes and vested in Wellington Regional Council on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

Wellington Land District—Hutt City

First Schedule

Second Schedule

Stopbank Easement Over

Part Section 24 Hutt District (part Record of Title WN62/180); shown marked E on SO 575565

Part Section 24 Hutt District (part Record of Title WN223/232); shown marked F on SO 575565

Part Section 24 Hutt District (part Record of Title WN151/171); shown marked G on SO 575565

Part Lot 1 DP 12314 (part Record of Title WNC2/1032); shown marked H on SO 575565

Part Lot 2 DP 12314 (part Record of Title WNC2/1033); shown marked I on SO 575565

Third Schedule

Easement Terms

1. Definitions

Easement means the easement described in this notice.

Easement Land means the land described in the Second Schedule to this notice.

Grantee means Wellington Regional Council and its successors together with its officers, employees, agents, contractors and licensees.

Grantor means the registered owner of the Easement Land.

Land means the land comprised for the time being in Records of Title WNC2/1032, WNC2/1033, WN151/171, WN223/232 and WN62/180.

Working Day means any day of the week excluding Saturday, Sunday, national statutory holidays, and the anniversary day commonly observed in Wellington.

2. The Easement will commence on the 14th day after publication of a proclamation taking the Easement in the New Zealand Gazette.

3. The Grantee will have the following rights and powers:

1. To at any time enter onto the Easement Land and such other parts of the Land as is reasonably necessary (with or without implements, tools, machinery, light commercial vehicles, plant, equipment and materials) for the purposes of exercising the Grantee’s rights under this Easement.
2. To remain for any reasonable time on the Easement Land for the purpose of constructing, reconstructing, inspecting, repairing, cleansing, maintaining, and renewing stopbanks, structures or flood channels.
3. To maintain, repair or replace at the Grantee’s expense any fences bounding the Easement Land.
4. To prevent or regulate the erection of any structures or fences on the Easement Land.
5. To prevent or regulate the excavation of soil on the Easement Land.
6. To do, perform and execute within the Easement Land any other matter or thing necessary or expedient for any of the above purposes.

4. In exercising the rights and powers under this Easement the Grantee will cause as little damage as possible to the surface of the Easement Land and/or the Land and will restore the same as nearly as practicable to its former state or condition.

5. The Grantee will repair and make good any damage caused to the Easement Land and/or the Land (including any buildings or structures on the Land) by the Grantee exercising any of the rights and powers under this Easement.

6. Prior to entering onto the Land for the purpose of exercising the rights and powers under this Easement, the Grantee will provide to the Grantor reasonable notice of entry, except where such entry is required in an emergency or flood event.

7. The Grantor will not, at any time, do any act or thing which may in any way interrupt, restrict or obstruct the exercise by the Grantee of any of the rights and powers conferred in this Easement. In particular the Grantor must not, without the prior written approval of the Grantee:

1. Construct any buildings, erections or fences or install any permanent equipment, fitting or fixture on the Easement Land.
2. Excavate or alter the contour of the Easement Land or carry out any earthworks of any nature on the Easement Land.
3. Lay or cause or permit to be laid or constructed any services within the Easement Land.
4. Install, erect or place any overhead electric power, telegraph or other overhead cables or lines over the Easement Land.
5. Erect or permit any power pole to be erected within the Easement Land.
6. Plant or permit to be planted any trees or shrubs within the Easement Land.

8. Any approval granted by the Grantee for any of the matters set out at clause 7 may be granted subject to such conditions and restrictions as the Grantee sees fit.

9. The Grantor and its invitees may park vehicles within the Easement Land provided that such use of the Easement Land does not obstruct the exercise by the Grantee of any of the rights and powers conferred in this Easement.

10.

1. If any dispute arises between the Grantor and the Grantee concerning the rights and obligations contained within this Easement, the parties will enter into negotiations in good faith to resolve the dispute or utilise any informal dispute process they mutually agree upon.
2. If the dispute is not resolved, any party may at any time serve a mediation notice on the other party requiring the dispute be referred to mediation. The mediation notice will set out the nature of the dispute.
3. The parties will in good faith endeavour to agree upon a mediator within 5 Working Days of the date of service of the mediation notice. The mediator’s costs are to be borne equally by the parties.
4. If the dispute is not resolved within 20 Working Days of the date on which the mediation notice was served, the parties will submit to the arbitration of an independent arbitrator appointed jointly by the parties.
5. If the parties cannot agree on the arbitrator within a further 10 Working Days the President or his or her nominee for the time being of the New Zealand Law Society will appoint an independent arbitrator in the area.
6. The arbitration proceedings will be conducted in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.

The land and the easement land are located at 22–40 Marsden Street, Lower Hutt.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 11th day of June 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

God Save The King!

(LINZ CPC/2006/11414/B)