Pursuant to section 20(1) of the Public Works Act 1981, an agreement to that effect having been entered into, and to a delegation from the Minister for Land Information, Tyler Matthews, Land Information New Zealand, declares that:

1. The land in the First Schedule to this notice is acquired for wastewater purposes and shall vest in the Manawatu District Council on the date of publication of this notice in the New Zealand Gazette; and
2. pursuant to section 28, the easements in gross described in the Third and Fourth Schedule to this notice are acquired for wastewater purposes over the land described in the Second Schedule to this notice upon the terms and conditions set out in the Fifth Schedule to this notice and shall vest in the Manawatu District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Manawatu District

First Schedule

Land Acquired for Wastewater Purposes

Second Schedule

The Grantor’s Land

Section 1 SO 607028 (balance Record of Title 1182730) (“Grantor’s Land”)

Third Schedule

Easement in Gross Acquired

A right of way, right to drain sewage, right to drain water, right to convey electricity, telecommunications and a right to convey water easement in gross over the area marked A and B on SO 607028 (“First Easement”).

Fourth Schedule

Easement in Gross Acquired

A right to drain sewage easement in gross over the area marked C on SO 607028 (“Second Easement”).

Fifth Schedule

Rights and Powers of Required Easements

The easement contains the rights and powers implied in specified classes of easements are those prescribed by Schedule 5 to the Land Transfer Regulations 2018 with the following modifications and additions:

Definitions and interpretation

1. Definitions

1. Where there is a conflict between the rights, powers, terms, covenants or restrictions in this easement instrument and the provision of Schedule 5 of the Land Transfer Regulations 2018, then the modifications in this easement instrument will prevail.
2. Any terms used in this easement that are defined in the Land Transfer Regulations 2018 shall take those meanings unless otherwise modified by the terms set out in this instrument.
3. Emergency means a situation in which there is a probable danger to life or property or immediate risk to the continuity or safety, security or operation of the easement facility.

Right to drain sewage

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 any other party) over, under and through the easement area.

Right to convey water and right to drain water

3. The Grantee shall have the right to convey and drain 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 easement area.

Repair and maintenance

4. The Grantee shall have the right to inspect, repair, maintain, dig up, add to, enlarge, renew or replace the easement facility.

5. For the purpose of laying, inspecting, repairing, maintaining, digging up, adding to, enlarging, upgrading, renewing or replacing the easement facility, the Grantee shall have the free and uninterrupted right to enter upon the burdened land with or without any necessary vehicles, implements, tools, materials and equipment of any kind and to open up the soil of the easement area as shall be necessary for that purpose.

6. In exercising any of the rights in this easement, the Grantee 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. The obligation imposed upon the Grantee pursuant to this clause 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, concrete works, permanent surfacing or other erections constructed on the burdened land in contradiction to clause 9.

7. The Grantee shall repair and maintain the easement facility in a good and efficient state of repair for the purposes for which they are designed and will take all reasonable endeavours to prevent them from becoming a nuisance.

Entry on burdened land

8. The Grantee shall use reasonable efforts to give the Grantor prior verbal notice that the Grantee intends to enter upon the burdened land (except in the case of an Emergency, when the Grantee will, where practicable and possible, attempt to give the Grantor prior verbal notice but will be under no obligation to do so) and for the avoidance of doubt, clause 12(2) of Schedule 5 to the Land Transfer Regulations 2018 shall not apply.

Grantor’s obligations

9. The Grantor shall not nor will allow any trees or shrubs to be planted or erect any buildings, or other erections (excluding fences) on or over the 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.

Statute and common law rights and powers

10. 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.

Surrender or determination

11. No power is implied for the Grantor to determine this easement for any breach of covenant or for any other clause whatsoever. The Grantor and Grantee intend this easement to subsist for all time or until it is duly surrendered.

12. In the event this easement is surrendered there shall be no obligation on the Grantee to remove any easement facility placed by the Grantee on or within the easement area.

Disputes

13. 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 difference is 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 Manawatu District Solicitors on the Board of the New Zealand Law Society, or to the President for the time being of the Manawatu District Lawyers Standards Committee, or in either case their nominee and such arbitration shall be carried out in accordance with the Arbitration Act 1996 or any then statutory provisions relating to arbitration.

Dated at Christchurch this 4th day of November 2024.

TYLER MATTHEWS, for the Minister for Land Information.

(LINZ CPC/2005/10896)