Easement in Gross Acquired—Patangata Bridge, Wairoa District
Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Nina Weir, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice is acquired over the land of the 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 Wairoa District Council for the Patangata Bridge Project (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
Part Hereheretau B2L2 Block, and Part Hereheretau B2L2 Block and Part Hereheretau B2L2 Block comprised in Record of Title 278281 (“Grantor’s Land”).
A right of way (public access) including the right to construct, maintain and use a bridge easement in gross over that part of land marked “A” on SO 564080 (“Easement”).
a. Pursuant to an order of the Maori Land Court the grantor holds the burdened land on trust for the Maori owners of the burdened Land.
b. The grantee seeks an easement for a right of way including the right to construct, maintain and use a bridge within the easement area.
c. The grantor has agreed to grant an easement in gross in favour of the grantee over the easement area for a right of way.
1.1 In this instrument, unless the context indicates otherwise:
bridge means a bridge situated over the Rahui Channel including all abutments and support structures.
burdened land means the land owned by the grantor described as Part Hereheretau B2L2 Block and Part Hereheretau B2L2 Block and Part Hereheretau B2L2 Block (Record of Title 278281);
easement area means that part of the burdened land marked A on SO Plan 564080
easement facility for right of way means all parts of the bridge (whether on the surface of the burdened land, above in the airspace or underground), approaches to the bridge, and formed access tracks which allow the grantee access to the bridge, and anything in replacement or substitution;
grantee means Wairoa District Council and its successors and includes the grantee’s agents, consultants, contractors, employees, engineers, surveyors, invitees (including members of the public using the bridge within the easement area) and licencees;
grantor means the registered owner of the burdened land for the time being and includes the grantor’s agents, consultants, contractors, employees, engineers, invitees, licensees, surveyors, tenants and workers.
The grantor grants to the grantee the following rights and interests as an easement in gross forever:
Right of Way
2.1 A right of way over the easement area which includes the full and free right and licence to erect and maintain a bridge within the easement area for the use of the public.
Unfettered Access
2.2 The free and unfettered access over the easement area and such other parts of the burdened land reasonably necessary or convenient to the exercise by the grantee of its rights and interests herein granted without obstruction or any restriction whatsoever, with or without implements, tools, equipment and materials of any kind and with or without vehicles including heavy machinery if required from time to time at all times and for all purposes.
Right to Inspect, Maintain, Replace and Improve
2.3 The right to inspect, maintain, move, remove, renew, replace, enlarge or improve all or any part of the easement facility including the rights to keep clear, remove and relocate from the easement facility any obstruction.
Grantee May Restrict Use of Easement Facility
2.4 The grantee may temporarily prohibit use of the easement facility by the grantor and any other persons (other than those authorised by the grantee), without the grantor’s approval, if the grantee believes on reasonable grounds it is necessary to do so to ensure public safety.
Access and Use at no Cost
2.5 The grantee shall be entitled in accordance with the provisions of this easement to exercise its rights granted by this easement at no cost, charge or claim for compensation or otherwise by the grantor.
Other Rights
2.6 The grantee shall have the right to do all such acts and things as are reasonably necessary for the better enjoyment of the rights granted by this easement.
No Disturbance to grantor
3.1 The grantee shall use reasonable endeavours to cause as little disturbance and disruption to the lawful use of the burdened land by the grantor or third parties although the grantor accepts that this provision shall not prevent, restrict or hinder the grantee from exercising its right in a manner consistent with the rights granted by this instrument.
Statutory Compliance
3.2 The grantee shall at all times observe and comply with all statutory and regulatory requirements applicable to the grantee in the carrying out of any rights granted to the grantee under this easement and without limitation shall comply with the requirements of any applicable regional and district plans made by a local authority and obtain any statutory consents required from time to time and shall not use the burdened land for any purpose not contemplated by this instrument.
Make Good Damage
3.3 The grantee shall;
3.3.1 reasonably repair, maintain and keep clear the easement facility in such a manner that the same shall not become a nuisance or annoyance to the grantor;
3.3.2 ensure that as little damage or disturbance is cause to the surface and riparian environment of the easement area and shall repair and make good, to as near as possible its former condition prior to the grantee’s use pursuant to this instrument, any damage that may be caused by the grantee to the surface of the burdened land.
The grantor agrees:
Allows Unfettered Access
4.1 To permit and allow the grantee non-exclusive but unfettered access over such parts of the burdened land reasonably necessary or convenient for the purpose of gaining access to and from the easement area and for accessing and maintaining any part of the easement facility.
Prevent Substantial Damage
4.2 To use its best endeavours to ensure that no substantial or property damage is caused to the easement facility, including anything which may endanger the foundations of the bridge, and otherwise to indemnify and make good any damage caused to property of the grantee as a consequence of persons under the control of the grantor directly or indirectly causing damage or loss.
Statutory Compliance
4.3 To comply and observe all statutory and regulatory requirements applicable to the grantor as they affect the grantor as the owner of the burdened land.
Support Statutory Applications
4.4 To without delay and promptly support at the cost of the grantee any applications made by the grantee to authorities or third parties for the purpose of obtaining any statutory or legal approvals and consents to facilitate the grantee’s use of the easement facility and to assist the grantee in the obtaining of any such statutory or legal approvals or consents required.
Not Interfere With the Easement Facility
4.5 Not to cause or bring about the cause of interference or obstruction howsoever to the easement facility. In particular the grantor;
4.5.1 Shall not grant any further easement rights over the easement area or any part without the written approval of the grantee who may;
Ownership of Improvements
4.6 The Grantor acknowledges that the easement facility remains the property of the grantee and that the grantee may at any time remove from the burdened land any part or parts of the easement facility but must immediately at its own cost remedy any substantial damage caused by the removal.
The rights and powers implied by clauses 1, 6, 10, 11 and 13–14 of Schedule 5 to the Land Transfer Regulations 2018 shall be deemed incorporated and form part of this instrument but where any conflict arises the terms of this instrument shall prevail.
Where any provision in this instrument requires the consent of the grantor, such consent shall not be unreasonably withheld or delayed or subject to unreasonable conditions.
Dated at Wellington this 3rd day of September 2024.
NINA WEIR, for the Minister for Land Information.
(LINZ CPC/2006/11336)