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 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 (the Right of Way easement) over part Section 7 marked A on SO 591690 appurtenant to the land of Ian Charles Renner, Rebecca Elizabeth Renner and Burley Attwood Trustees (No.9) Limited as to a 1/2 share and Susan Margaret Renner and David Henry Mackey as to a 1/2 share (the Grantee) being Sections 1, 2, 3, 4, 5 and 6 SO 591690 (part Record of Title GS111/228) on the rights and powers set out in the Third and Fifth Schedules to this notice.
2. A right of way (the Limited Right of Way easement) over part Section 7 marked B on SO 591690, over part Section 8 marked C and O on SO 591690 and over part Section 9 marked D on SO 591690 appurtenant to the land of the Grantee being Sections 1, 2, 3, 4, 5 and 6 SO 591690 (part Record of Title GS111/228) on the rights and powers set out in the Third, Fourth and Fifth Schedules to this notice.
3. A right to convey water over part Section 8 marked O and P on SO 591690 appurtenant to the land of the Grantee being Sections 1, 2, 3, 4, 5 and 6 SO 591690 (part Record of Title GS111/228) on the rights and powers set out in the Sixth Schedule to this notice.

Third Schedule

Rights and Powers – Right of Way and Limited 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” in respect of the right of way easement means the access track to be formed by the Grantor located on the stopbank on the burdened land, as marked A on SO 591690.
“easement facility” in respect of the limited right of way easement means the farm access over the stopbank marked B, C O and D on SO 591690.

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.

Fourth Schedule

Rights and Powers – Limited Right of Way

3. The Grantor grants to the Grantee the right of the Grantee in common with the Grantor at all times, to go over and along the easement facility on foot.

4. The right to go over and along the easement facility includes the right to go over and along the easement facility on foot with or without:

1. any motorbike, quadbike, bicycle or horse;
2. domestic animal or farm animal.

5. If no suitable easement facility exists for the purposes of the movement of livestock and/or riding any motorbike, quadbike, bicycle or horse, the Grantee shall have the right to lay, install and construct an easement facility reasonably required by the Grantee for the purposes of the movement of livestock and/or riding any motorbike, quadbike, bicycle or horse, provided that the Grantee obtains the written consent of the Grantor (such consent not to be unreasonably withheld provided that the Grantor, in its sole discretion, is satisfied that any proposed works do not compromise the integrity of the stopbank). The Grantor, acting reasonably, may place conditions on any consent granted under this clause to ensure that the integrity of the stopbank is not compromised.

Fifth Schedule

Rights and Powers – Right of Way and Limited Right of Way

6. 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.

7. Prior to carrying out any necessary maintenance and/or repair works pursuant to clause 6, the Grantee must ensure that any repair, maintenance or upkeep works does not interfere with the integrity of the stopbank.

8. 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.

9. 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.

10. 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.

11. 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), subject to the Grantor providing the Grantee with at least 48 hours’ notice of the temporary closure.

12. 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.

13. 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. The Grantor shall consult with the Grantee if the Grantor requires any such gates to be locked.

14. In the event that any part of the benefited land is subsequently subdivided into more than one allotment the Grantor reserves the right to impose such conditions on the future use of the easement facility as it deems necessary for the purpose of ensuring the ongoing integrity of the stopbank.

Sixth Schedule

Rights and Powers – Right to Convey Water

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:

3. Clause 10(1)(b); and
4. Clause 11.

1. Interpretation

In this easement unless the context indicates otherwise:

“easement facility” means the Grantee’s existing water pipe to be reinstated by the Grantor located on/near the stopbank on the burdened land; and

The meaning of any words in this easement shall be that given in paragraph 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, 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.

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 provided that this is a reasonable market 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 temporarily 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. In the event that any part of the benefited land is subsequently subdivided into more than one allotment the Grantor reserves the right to impose such conditions on the future use of the easement facility as it deems necessary for the purpose of ensuring the ongoing integrity of the stopbank.

Dated at Christchurch this 10th day of October 2024.

T. MATTHEWS, for the Minister for Land Information.

(LINZ CPC/2005/10887)