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, and 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 for water supply purposes over the land of Evan Miles Frew, Maureen Doris Frew and AH Trustees (Avoca) Limited 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 Selwyn District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Canterbury Land District—Selwyn District

First Schedule

The Grantor’s Land

Rural Section 27367 (part of the land in Record of Title CB31A/136) and Lot 2 DP 74116 (Record of Title CB42D/509)

Second Schedule

Easements in Gross Acquired

Right to Convey Water easement in gross marked D and C on DP 587115.

Third Schedule

Easement Rights and Powers

The rights and powers of this easement instrument are those set out below. All rights and powers implied by the Land Transfer Regulations 2018 and/or Schedule Five of the Property Law Act 2007 are expressly excluded.

1. Grant of Rights, Powers and Privileges in Relation to the Right to Convey Water

1.1 The Grantee (to the exclusion of the Grantor and any other party) shall have the full free uninterrupted and unrestricted right liberty and licence from time to time and at all times hereafter:

1. to take, carry, convey and lead water in a free and unimpeded flow through the easement facility and operate all parts of the easement facility in accordance with their intended function; and
2. to lay, make, construct, inspect, maintain, repair, replace, alter, extend, enlarge or remove the easement facility as the Grantee shall from time to time think fit (including the right to excavate land and make trenches and shafts).

1.2 The easement facility referred to in clauses 1.1(a) and 1.1(b) is the easement facility laid or to be laid along the Easement Area shown as Areas D and C on DP 587115.

1.3 The "easement facility" in relation to the right to convey water means pipes, conduits, pumps, pump sheds, storage tanks, water purifying equipment, isolation valves and other equipment suitable for that purpose, whether above or under the ground and anything in replacement or substitution.

2. Grantee’s General Rights and Obligations

2.1 The Grantee may for the purpose of performing any duty or in the exercise of any rights granted under this easement instrument:

1. enter upon the Burdened Land by the most practicable route from the nearest public street across any part of the Grantor’s land;
2. remain on the Burdened Land for a reasonable time for the purposes of completing the work;
3. bring on to the Burdened Land such materials, tools, equipment, machinery, vehicles or other things as may be necessary for the purposes of completing the necessary work;
4. leave any vehicle or equipment on the Burdened Land for a reasonable time if work is proceeding; and
5. generally do and perform such acts and things in or upon the Easement Area as may be necessary or desirable for or in relation to any of the purposes of this easement instrument.

2.2 Except in the case of an emergency or where entry onto the Burdened Land has been agreed in advance with the Grantor for a specified period, if the Grantor, acting reasonably, determines that entry onto the Burdened Land in accordance with clause 2.1 will interfere with the Grantor’s farming operation, then the Grantor may defer access to the Easement Area for up to 24 hours.

3. Grantor’s Obligations

3.1 The Grantor will not:

1. build over or erect any other improvements upon, plant trees upon or permit any tree roots to grow within the Easement Area;
2. do or permit or suffer to be done anything which may in any way injure or damage the easement facility, or obstruct the use and enjoyment of the easement facility, or interfere with free flow and passage through the easement facility; or
3. permit any Utilities to be located within the Easement Area unless the siting and installation of such Utilities is expressly consented to in writing by the Grantee such consent not to be unreasonably withheld.

3.2 The Grantor will not oppose or object to any application for or issue of a building consent or resource consent in respect of the easement facility or the use or enjoyment of the same.

4. Maintenance, Repair and Replacement Obligations

4.1 The Grantee shall:

1. at all times repair, maintain and cleanse the easement facility so that it does not become a nuisance to the Grantor;
2. remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the Easement Area;
3. upon disturbing the surface of the Easement Area for any reason, without delay restore the same as nearly as reasonably possible to its original condition; and
4. repair and make good any damage which may be done to any fence, building or improvement, or to any part of the Grantor’s land, in the exercise by the Grantee of any of the rights granted by this easement instrument but the Grantee shall not be:
1. responsible for the cost of removing any fence, building, improvements or trees upon, or any tree roots growing within, the Easement Area; or
2. liable for any damage to any Utilities in the Easement Area if in the exercise of such rights that damage could not reasonably be prevented.

5. Structures to be Property of Grantee

5.1 The easement facility shall at all times be and remain the property of the Grantee.

6. Mutual Covenants

6.1 Nothing contained or implied in this easement instrument shall be construed so as:

1. to compel the Grantee to exercise all or any of the rights granted by this easement instrument at any time and the Grantee may commence discontinue or resume the exercise of all or any such rights at will; or
2. to abrogate limit restrict or abridge any of the rights, powers or remedies vested in the Grantee by statute.

6.2 The parties acknowledge and agree that all gates within the Easement Area will be secured by way of separated linked locks for use by each of the Grantee and the Grantor. The Grantee will provide the chains and each party will be responsible for their own locks and keys to such gates. The Grantee and Grantor will immediately after passing through any gate on the Burdened Land close such gate and lock upon leaving the Easement Area.

7. Limitation of Liability

7.1 Any right of action which shall at any time accrue to the Grantee by reason of breach or non-observance by the Grantor of any of the covenants contained in this easement instrument may be enforced by the Grantee only against:

1. the registered owner for the time being of that part of the Burdened Land in respect of which such breach or non-observance shall occur; and
2. the registered owner at the time of such occurrence, to the intent that the liability of any registered owner of the Burdened Land shall cease (except as to any breach or non-observance occurring during the period of ownership of that registered owner) upon registration of a transfer of ownership.

8. General Provisions

8.1 The following provisions are applicable to the easements granted by this easement instrument:

1. each grant shall be for all time;
2. the use of each easement shall be without any limitation as to quantity or frequency;
3. no power is implied in respect of any easement for the Grantor to determine the easement for breach of any provision of this easement instrument (whether express or implied) or for any other cause, it being the intention of the parties that the easement shall subsist unless it is surrendered in writing;
4. if any party (“the defaulting party”) neglects or refuses to perform any of its obligations under this easement instrument the following shall apply:
1. the other party may serve upon the defaulting party a written notice requiring the defaulting party to perform its obligations and stating that, after the expiration of seven day period from service of such notice, the other party shall perform such obligations;
2. if upon the expiry of the seven day period referred to above, the defaulting party has still neglected or refused to perform the obligation the other party may:
1. perform such obligation; and
2. for that purpose enter onto the Grantor’s land and carry out any work;
3. the defaulting party shall be liable to pay the other party all costs incurred in performing such obligations;
5. notwithstanding the requirement to give notice under clause 8.1(d) above, where the Grantor has not complied with an obligation under this easement instrument and as a result the Grantee's use of the easement facility has been obstructed in any way, then the Grantee may immediately undertake all works required to ensure the unimpeded use of the easement facility and recover any costs from the Grantor; and
6. the Grantor shall not do any act which impedes, interferes with or restricts the rights of the Grantee and other authorised persons in relation to this easement instrument.

9. Disputes

9.1 The parties shall use reasonable endeavours to resolve any dispute or difference arising out of or in connection with this easement instrument in good faith by negotiation. Failing resolution by negotiation the parties may agree to an alternative method to resolve the dispute or difference. However, nothing in this clause will prevent either party from taking immediate steps to seek relief before an appropriate court at any time.

10. Interpretation

10.1 In this easement instrument unless the context otherwise requires:

“Easement Area” means all areas of the Burdened Land specified shown D and C on DP 587115.

“Grantee” means the Selwyn District Council, and includes the agents, employees, contractors, tenants, licensees, and other invitees of the Grantee.

“Grantor” means the registered owner of the Burdened Land, and includes the agents, employees, contractors, tenants, licensees, and other invitees of the Grantor.

“Burdened Land” means all land described as the Burdened Land on the front page of this instrument in the Second Schedule.

“Utilities” means any pipe, conduit, wire, structure, pole or other appurtenant structure for the provision of services to the land, including but not limited to electricity, gas, telephone, storm water, sewage and water services.

10.2 In the interpretation of this easement instrument:

1. words importing the singular or plural number shall be deemed to include the plural and singular number respectively;
2. words importing any gender shall include every gender and the word “person” shall include a corporation and vice versa;
3. the headings appearing are inserted only as a matter of convenience and in no way define, limit or prescribe the scope or intent of the clauses of this easement instrument nor in any way affect this easement instrument;
4. references to any party include that party’s executors, administrators, and assigns, or being a corporate entity, its successors and assigns.

11. Health and Safety

11.1 The Grantor will immediately give notice to the Grantee of any damage, accident or defect in relation to the burdened land, any event required to be notified to the health and safety regulator, and any circumstances likely to cause damage, illness or injury caused by or in relation to the burdened land.

11.2 The Grantee will:

1. comply with all relevant legislation, regulations and bylaws affecting the burdened land and the Grantee’s use of it (including the Health and Safety at Work Act 2015);
2. work with the Grantor to consult, co-operate and co-ordinate activities in order to meet each party's respective health and safety obligations under applicable legislation, regulations and this easement instrument;
3. not cause or allow any act that would cause nuisance or annoyance to the Grantor or any neighbours, or cause contamination of the burdened land; and
4. at its cost, obtain and comply with any required resource consents, permits, and other planning approvals required for its use of the burdened land.

Dated at Wellington this 17th day of October 2023.

D. CHAND, for the Minister for Land Information.

(LINZ CPC/2006/11295)