Easements in Gross Acquired—Seddon Street, Whanganui District
Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Szi Ming Lee, 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 Cong Ren and Di Wu (“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 the Whanganui District Council (“Grantee”) for three waters purposes on the date of publication of this notice in the New Zealand Gazette.
Lot 1 DP 413207 comprised in Record of Title 449146. (“The Burdened Land”)
A right to convey water easement in gross, a right to drain water easement in gross and a right to drain sewage easement in gross over the land marked A on DP 589691.
The easements shall contain the rights and powers implied into such easements and into all classes of easements by Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) with the following variations:
Definitions
sewage easement area is that part of the Burdened Land subject to the right to drain sewage easement shown marked A on DP 589691.
stormwater drainage easement area is that part of the Burdened Land subject to the right to drain water shown marked A on DP 589691.
water easement area is that part of the Burdened Land subject to the right to convey water easement shown marked A on DP 589691.
The meaning on any words in this document shall be that given in clause 1 of Schedule 5 of the regulations where applicable.
The Grantor hereby granted by way of perpetual easement in gross for the benefit of the Grantee the easement rights as outlined herein.
2. The Grantee shall have the right to drain sewage in any quantities in free and unimpeded flow through the easement facility (whether constructed and installed by the Grantee or the Grantor) over, under and through the sewage easement area.
3. The Grantee shall have the right to install, lay, inspect, repair, maintain, dig up, enlarge, renew or replace the easement facility as the Grantee shall think fit. For the avoidance of doubt, the Grantor's consent shall be deemed, for the purposes of clause 10(1)(b) of Schedule 5 to the Regulations by virtue of this Easement.
4. For the purpose of installing, laying, inspecting, repairing, maintaining, digging up, enlarging, renewing or replacing the easement facility 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 sewage 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 and for the purpose of clarification clause 12(2) of Schedule 5 to the Regulations shall not apply. The obligation imposed upon the Grantee pursuant to this clause 4 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 6 herein.
5. The Grantee shall repair and maintain the easement facility in a good and efficient state of repair for the purposes for which the easement facility is designed and will take all reasonable endeavours to prevent the easement facility from becoming a nuisance.
6. The Grantor shall not nor will, without the prior consent of the Grantee, allow any trees or shrubs to be planted or erect any buildings, fences, concrete works, permanent surfacing or other erections on or over the sewage 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. Despite the foregoing, the parties acknowledge that as at the date of registration of this easement there are existing trees, shrubs, fencing and a permanent sealed driveway in and over part of the easement area (Grantor’s Existing Improvements) and that the Grantor’s Existing Improvements (and any maintenance or replacement of the same) are not in breach of this clause 6 provided that such Grantor’s Existing Improvements (and any maintenance or replacement of the same) do not compromise the Grantee’s ability to exercise the rights granted by this easement.
7. The Grantee shall have the right to drain stormwater in any quantities in free and unimpeded flow through easement facility (whether constructed and installed by the Grantee or the Grantor) under and through the stormwater drainage area.
8. The Grantee shall have the right to install, lay, inspect, repair, maintain, dig up, enlarge, renew or replace the easement facility as the Grantee shall think fit. For the avoidance of doubt, the Grantor's consent shall be deemed, for the purposes of clause 10(1)(b) of Schedule 5 to the Regulations by virtue of this Easement.
9. For the purpose of installing, laying, inspecting, repairing, maintaining, digging up, enlarging, renewing or replacing the easement facility 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 stormwater drainage 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 and for the purpose of clarification clause 12(2) of Schedule 5 to the Regulations shall not apply. The obligation imposed upon the Grantee pursuant to this clause 9 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 11 herein.
10. The Grantee shall repair and maintain the easement facility in a good and efficient state of repair for the purposes for which the easement facility is designed and will take all reasonable endeavours to prevent the easement facility from becoming a nuisance,
11. The Grantor shall not nor will, without the prior consent of the Grantee, allow any trees or shrubs to be planted or erect any buildings, fences, concrete works, permanent surfacing or other erections on or over the stormwater drainage area or at any time suffer or permit any act whereby the rights herein granted to the Grantee may be interfered with or affected. Despite the foregoing, the parties acknowledge that as at the date of registration of this easement there are existing trees, shrubs, fencing and a permanent sealed driveway in and over part of the easement area (Grantor’s Existing Improvements) and that the Grantor’s Existing Improvements (and any maintenance or replacement of the same) are not in breach of this clause 11 provided that such Grantor’s Existing Improvements (and any maintenance or replacement of the same) do not compromise the Grantee’s ability to exercise the rights granted by this easement.
12. The Grantee shall have the right at all times to take, convey and lead water in any quantities in free and unimpeded flow through the easement facility (whether constructed and installed by the Grantee or the Grantor) under and through the water easement area.
13. The Grantee shall have the right to inspect, repair, maintain, dig up, enlarge, renew or replace the easement facility as the Grantee shall think fit. For the avoidance of doubt, the Grantor’s consent shall be deemed, for the purposes of clause 10(1)(b) of Schedule 5 to the Regulations by virtue of this Easement.
14. For the purpose of laying, inspecting, repairing, maintaining, digging up, enlarging, renewing or replacing the easement facility 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 water 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 work undertaken restore the surface of the Burdened Land as far as reasonably possible to its original condition or state and for the purpose of clarification clause 12(2) of Schedule 5 to the Regulations shall not apply. The obligation imposed upon the Grantee pursuant to this clause 14 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 constructed on the Burdened Land in contradiction to clause 16 herein.
15. The Grantee shall repair and maintain the easement facility in a good and efficient state of repair for the purposes for which the easement facility is designed and will take all reasonable endeavours to prevent the easement facility from becoming a nuisance.
16. The Grantor shall not nor will, without the prior consent of the Grantee, allow any trees or shrubs to be planted or erect any buildings, fences, concrete works, permanent surfacing or other erections on or over the water 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. Despite the foregoing, the parties acknowledge that as at the date of registration of this easement there are existing trees, shrubs, fencing and a permanent sealed driveway in and over part of the easement area (Grantor’s Existing Improvements) and that the Grantor’s Existing Improvements (and any maintenance or replacement of the same) are not in breach of this clause 16 provided that such Grantor’s Existing Improvements (and any maintenance or replacement of the same) do not compromise the Grantee’s ability to exercise the rights granted by this easement.
17. 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.
18. The rights herein granted to the Grantee are declared to be in the nature of an easement in gross but nothing shall compel the Grantee to drain sewage, stormwater or convey water under or through the Burdened land.
19. 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.
20. 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 differences 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 ten (10) working days to an independent arbitrator appointed by the representative for the time being of the Whanganui Branch of the New Zealand 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.
21. Where the terms set out in this document are in conflict with the Regulations the terms set out in this document shall prevail.
22. For the avoidance of doubt the Grantor may construct a new fence in the location immediately to the south of the driveway on the burdened land, along the south-eastern boundary of the sewage easement area, the stormwater drainage easement area, and the water easement area between the two areas of existing fencing. Such fence constructed in accordance with this clause shall be considered to be a Grantor’s Existing Improvement for the purpose of clauses 6, 11 and 16 of this document, provided that such new fence (and any maintenance or replacement of the same) does not compromise the Grantee’s ability to exercise the rights granted by this easement.
Dated at Wellington this 29th day of September 2023.
SZI MING LEE, for the Minister for Land Information.
(LINZ CPC/2005/10911)