Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Tyler Matthews, Land Information New Zealand, declares that,

1. an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for soil conservation and river control purposes together with the right to convey electricity created by Transfer 180981.6 and subject to a right to convey electricity and a right to convey water and a right to take water specified in Easement Certificate 180981.1, and shall vest in the Gisborne District Council (“Grantor”) and
2. the easements described in the Second Schedule are reserved

on the date of publication hereof in the New Zealand Gazette.

Gisborne Land District—Gisborne District

First Schedule

Land Acquired for Soil Conservation and River Control Purposes

Second Schedule

Easements to be Reserved

The following easements are reserved:

1. A right of way over part Section 14 marked N on SO 591690 appurtenant to the land of Gregory Hugh Mackle and Julie Mae Mackle (“Grantee”) being Sections 10 and 12 SO 591690 (part Record of Title GS5B/1182) on the rights and powers set out in the Third Schedule to this notice.
2. A right to convey water easement and a right to convey electricity easement over part Section 14 marked M on SO 591690 appurtenant to the land of the Grantee being Sections 10 and 12 SO 591690 (part Record of Title GS5B/1182) on the rights and powers set out in the Fourth Schedule to this notice.

Third Schedule

Rights and Powers – Right of Way

The Easement shall contain the rights and powers implied by the Schedule 5 to the Land Transfer Regulations 2018 varied as set out below, with the exception of the following clauses of Schedule 5 of the Land Transfer Regulations 2018 which are deleted:

1. Clause 10(1)(b); and
2. Clause 11.

1. Interpretation

In this easement unless the context indicates otherwise:

“easement facility” means the access track to be formed by the Grantor located on the stopbank on the burdened land.

The meaning of any words in this easement shall be that given in clause 1 of Schedule 5 of the Land Transfer Regulations 2018 where applicable.

2. Where there is any conflict between the provisions of Schedule 5 of the Land Transfer Regulations 2018 and the additional terms set out herein, the provisions set out in this document must prevail.

3. The Grantor shall be entitled to impose weight restrictions on vehicles and loads to comply with safe load limited to which the easement facility has been constructed.

4. The Grantee shall be responsible for maintaining and repairing reasonable wear and tear to the easement facility, as is fair and reasonable and in proportion to the Grantee’s use of the easement facility, so that the easement facility does not become a danger or nuisance. However, where such repair or maintenance is attributable solely to an act or omission of the Grantor or is of a general nature of upkeep required (not being attributable to the Grantee by reason of its use of the easement facility), the Grantor shall carry out such necessary repair, maintenance and/or upkeep at the Grantor’s own cost. The Grantor, acting reasonably, shall have sole discretion as to what constitutes reasonable wear and tear.

5. Prior to carrying out any necessary maintenance and/or repair works pursuant to clause 4, the Grantee must ensure that any repair, maintenance or upkeep works does not interfere with the integrity of the stopbank.

6. If the Grantee causes any damage or loss to the easement facility, then:

1. the Grantee is required to immediately notify the Grantor of the damage;
2. any loss or damage caused by the Grantee is not to be remediated by the Grantee but by the Grantor, at the Grantee’s cost provided that this is a reasonable market cost, unless otherwise agreed in writing between the parties.

7. The Grantor and the Grantee must ensure that all work performed pursuant to the terms of this instrument is performed with reasonable speed and in a proper and workmanlike manner.

8. The Grantor will have the reasonable right to temporarily restrict access or temporarily close all of any part of the stipulated course and the easement facility if it considers that it is reasonable to do so for reasons such as (but not limited to) operational, maintenance or safety reasons without notice. In such case the Grantee shall have no right to claim for any compensation, damage or loss from the Grantor.

9. The Grantor may temporarily exclude access by the Grantee and any other persons (other than those authorised by the Grantor) to all or any parts of the stipulated course and easement facility:

1. if the Grantor believes on reasonable grounds, it is necessary to do so because of any emergency endangering the public safety; or
2. with the Grantee’s prior written consent if the Grantor believes on reasonable grounds that it is necessary to do so because of a situation (other than an emergency).

10. The Grantor shall have the right to do all such acts and things which are reasonably necessary for the Grantor to discharge its obligations with relation to the purpose for which it holds the burdened land.

11. The Grantee shall immediately after passing through any gates on the burdened land close such of them as were closed and (if applicable) lock such of them as were locked immediately before such passing through. The Grantee shall be permitted to interlink the Grantee’s own lock with any other locks fitted on any gates. The Grantee shall ensure that the issue of keys to agents, employees, contractors, tenants, licensees and other invitees of the Grantee is appropriately controlled.

12. The Easement will determine in respect to any part of the benefited land that is subsequently subdivided into more than one allotment.

Fourth Schedule

Rights and Powers – Right to Convey Water and Right to Convey Electricity

The Easement shall contain the rights and powers implied into such easements by the Schedule 5 to the Land Transfer Regulations 2018 varied as set out below, with the exception of the following clauses Schedule 5 of the Land Transfer Regulations 2018 which are deleted:

(c) Clause 10(1)(b); and

(d) Clause 11.

1. Interpretation

In this easement unless the context indicates otherwise:

“easement facility”

(a) in relation to the right to convey water means the Grantee’s existing water pipe to be reinstated by the Grantor located on/near the stopbank on the burdened land; and

(b) in relation to the right to convey electricity means the Grantee’s existing electricity cable to be reinstated by the Grantor located on/near the stopbank on the burdened land

The meaning of any words in this easement shall be that given in clause 1 of Schedule 5 of the Land Transfer Regulations 2018 where applicable.

2. Where there is any conflict between the provisions of Schedule 5 of the Land Transfer Regulations 2018 and the additional terms set out herein, the provisions set out in this document must prevail.

3. The Grantee shall be responsible for maintaining and repairing reasonable wear and tear to the easement facility so as to prevent it from becoming a danger or nuisance, except that where such repair or maintenance is attributable solely to an act or omission of the Grantor; the Grantor shall carry out such necessary repair, maintenance and/or upkeep at the Grantor’s own cost. The Grantor shall have sole discretion as to what constitutes reasonable wear and tear.

4. Prior to carrying out any necessary maintenance and/or repair works pursuant to clause 3, the Grantee must ensure that any repair, maintenance or upkeep works does not interfere with the integrity of the stopbank.

5. If the Grantee causes any damage or loss to the easement facility, then:

1. the Grantee is required to immediately notify the Grantor of the damage;
2. any loss or damage caused by the Grantee is not to be remediated by the Grantee but by the Grantor, at the Grantee’s cost, unless otherwise agreed in writing between the parties.

6. The Grantor and the Grantee must ensure that all work performed pursuant to the terms of this instrument is performed with reasonable speed and in a proper and workmanlike manner.

7. The Grantor will have the reasonable right to restrict access to all or any part of the easement facility if it considers that it is reasonable to do so for reasons such as (but not limited to) operational, maintenance or safety reasons without notice. In such case the Grantee shall have no right to claim for any compensation, damage or loss from the Grantor.

8. The Grantor may temporarily exclude access by the Grantee and any other persons (other than those authorised by the Grantor) to all or any parts of the easement facility:

1. if the Grantor believes on reasonable grounds, it is necessary to do so because of any emergency endangering the public safety; or
2. with the Grantee’s prior written consent if the Grantor believes on reasonable grounds that it is necessary to do so because of a situation (other than an emergency).

9. The Grantor shall have the right to do all such acts and things which are reasonably necessary for the Grantor to discharge its obligations with relation to the purpose for which it holds the burdened land.

10. The Grantee shall immediately after passing through any gates on the burdened land close such of them as were closed and (if applicable) lock such of them as were locked immediately before such passing through. The Grantee shall be permitted to interlink the Grantee’s own lock with any other locks fitted on any gates. The Grantee shall ensure that the issue of keys to agents, employees, contractors, tenants, licensees and other invitees of the Grantee is appropriately controlled.

11. The Easement will determine in respect to any part of the benefited land that is subsequently subdivided into more than one allotment.

Dated at Christchurch this 10th day of October 2024.

T. MATTHEWS, for the Minister for Land Information.

(LINZ CPC/2005/10887)