Pursuant to sections 20 and 50 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Madison Ingram, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into:

1. The land described in the First Schedule to this notice is declared road pursuant to section 114 and shall vest in the Wellington City Council; and
2. Pursuant to sections 20 and 28 the easement in gross described in the Second Schedule to this notice is acquired for traffic management purposes and vested in Wellington City Council as Grantee, over the land described in the Third Schedule to this notice, and shall contain the rights and powers set out in the Fourth Schedule to this notice

from the date of publication in the New Zealand Gazette.

Wellington Land District—Wellington City

First Schedule

Land Declared Road

Second Schedule

Easement Acquired for Traffic Management Purposes

Right to convey electricity and telecommunications easement in gross over the land marked A on SO 607345.

Third Schedule

Grantor’s Land:

Part Height Limited Section 2 SO 607345 (marked A on SO 607345) being part of the balance of the land in Record of Title WN55B/441.

Fourth Schedule

Rights and Powers

In the event of any conflict between the terms of the Land Transfer Regulations 2018 and the terms of this Annexure Schedule, the terms of this Annexure Schedule shall prevail.

1. Definitions

In this instrument, unless the context indicates otherwise:

Burdened Land means the record of title listed as the “Burdened Land” in Schedule A, either in whole or in part;

Damaging Party has the meaning given in clause 4.1; Easement means the easement granted by this Instrument;

Easement Area means the area marked A on SO 607345, either in whole or in part;

Easement Facility means wires, cables (containing wire or other media conducting materials), ducts, surface boxes, towers, poles, traffic lights, transformers, switching gear, and other devices or equipment, or road markings, in each case, which may be reasonably necessary or desirable in connection with operating a road and/or a pedestrian walkway and/or for the function or form of the roading network (whether above or under the ground), and any of the same in replacement or substitution;

Grantee means Wellington City Council [and includes its successors in title and assigns and, expect where inconsistent with the context, includes the agents, employees, contractors, and other invitees of the Grantee];

Grantor means the relevant registered owner of the Burdened Land and includes its successors in title and assigns;

HSW Act means the Health and Safety at Work Act 2015, any regulations under that Act, and any other approved codes of practice, standards or rules relating to health and safety; and

Instrument means this easement instrument and includes any schedule and any annexure to this Instrument.

2. Grant of Easement

In addition to the above rights and powers, the Grantor grants to the Grantee as an easement in gross the following rights and powers at all times and in any quantity:

1. to lay, install, construct, locate, upgrade, add to, inspect, maintain, replace, repair, renew, enlarge, alter, retain, remove any Easement Facility on, in, over and under the Easement Area;
2. to enter with all necessary equipment and remain upon such parts of the Burdened Land as is reasonably required for the purposes of laying, installing, constructing, locating, upgrading, adding to, inspecting, maintaining, replacing, repairing, renewing, enlarging, altering, retaining or removing the Easement Facility and make any accessways, cuttings, fillings, grades, batters and to re-open the same and generally to do and perform such acts or things upon the Burdened Land as may be reasonably necessary or desirable (or incidental thereto) to enable the Grantee to receive, enjoy and give effect to the full free use and enjoyment of the rights and powers granted under this easement; and
3. to use and operate the Easement Facility for the purpose of conveying telecommunications without interruption or impediment, provided however that nothing shall compel the Grantee to exercise the above rights at any time or in a particular way.

3. Maintenance and Repair of Easement Area

3.1. The Grantor shall be responsible for:

1. all maintenance, repair and required upgrades of the Easement Area; and
2. keeping the Easement Area formed and sealed in good order, repair and condition, and in a state preventing the Easement Area from becoming a danger or nuisance to any person or to any property.

4. User to repair damage

4.1. Notwithstanding clause 3, where the Grantee or the Grantor (as the case may be) has caused damage to the Easement Facility or the Easement Area by improper, careless or abnormal use and in excess of fair wear and tear (such party being the Damaging Party), the Damaging Party:

1. is responsible for the repair and reinstatement of the Easement Facility or the Easement Area (as the case may be) to the same standard and condition that the Easement Facility/Easement Area was in before the damage was caused to the satisfaction of the other party to this Instrument (acting reasonably);
2. is responsible for meeting all costs, charges, and expenses of repairing and/or reinstating the Easement Facility/Easement Area in accordance with clause 4.1(a);
3. must procure that the Easement Facility/Easement Area is repaired or reinstated as soon as is reasonably practicable following the damage occurring to avoid danger, nuisance, delay or inconvenience to users of the Easement Facility/Easement Area or any property;
4. must comply with all laws in respect of the repair and reinstatement of the Easement Facility/Easement Area (including any consents required from any local authority); and
5. must comply with all laws in respect of the repair and reinstatement of the Easement Facility/Easement Area (including any consents required from any local authority); and
6. must ensure that there is as little disturbance, damage, inconvenience or interruption caused to the Easement Facility/Easement Area, and the other party’s use of it, as is reasonably practicable.

5. Ownership of Easement Facility

5.1. The Grantor and the Grantee each agree that the Easement Facility installed, constructed or placed on the Easement Area (including any alterations, additions or improvements or replacements) shall at all times remain vested in the Grantee and, subject to surrender of this easement instrument, the Grantee shall not be required to remove the Easement Facility at any time, and no person shall have an interest in the Easement Facility by reason of having an estate or interest in the Burdened Land or any part of the Burdened Land.

6. Maintenance and repair of Easement Facility

6.1. The Grantee shall be responsible for:

1. all maintenance, repair and required upgrades of the Easement Facility;
2. only to the extent that it is in the Grantee’s control, preventing the Easement Facility from becoming a danger or nuisance to any person or to any property.

7. Relocation of Easement Facility

7.1. The Grantor and the Grantee each agree that the Grantee has the right, in its sole discretion, to relocate any or all of the Easement Facility to another location on the Easement Area.

8. Health and Safety

8.1. In relation to its use of the Easement Facility, the Grantee shall:

1. comply with the HSW Act and the Grantor’s reasonable directions in relation to health and safety on the Burdened Land;
2. ensure, so far as is reasonably practicable, the health and safety of its employees and contractors and those who are influenced or directed by it while carrying out any work for it; and
3. ensure the health and safety of other persons is not put at risk from any work carried out by, for or on behalf of the Grantee.

8.2. The Grantor must notify the Grantee of any known hazards or special health and safety requirements in respect of the Easement Facility and the Grantee shall, so far as is reasonably practicable, comply with them.

8.3. The Grantor and the Grantee agree to work together to consult, cooperate and coordinate activities in order to meet each other’s respective health and safety obligations under the HSW Act.

9. Disputes and Defaults

9.1. The provisions of clauses 13 and 14 of Schedule 5 of the Land Transfer Regulations 2018 shall be deemed to be incorporated into this Instrument as fully and effectively as if they were set out at length in this Instrument and apply accordingly.

10. Liability

10.1. Registration of a transfer of a registered owners’ interest in the Burdened Land shall not release that transferor from any liability arising pursuant to this Instrument prior to the date of registration of such transfer.

11. General

Implied rights

11.1. Where there is any conflict between the rights and powers contained in this Instrument and the rights and powers implied in this class of instrument pursuant to the Land Transfer Regulations 2018, this Instrument shall prevail.

Not acting as regulator

11.2. Notwithstanding anything to the contrary in this Instrument, each party acknowledges and agrees that each of the Grantor and the Grantee has a range of statutory and regulatory powers and functions which it may exercise or must fulfil and nothing in this Instrument will be construed as:

1. limiting any party, or fettering the discretion of the Grantor or the Grantee, in the exercise of its statutory and regulatory powers and functions; or
2. requiring the Grantor or the Grantee to exercise its statutory and regulatory powers and functions in a particular way.

Easement non-revocable

11.3. Notwithstanding section 48 of the Public Works Act 1981, this Instrument will not in any circumstance be revocable by the Grantor.

No power to terminate

11.4. There is no implied power in this Instrument for either party to terminate this Instrument due to the other party breaching any term of this Instrument or for any other reason, it being the intention of the parties that this Instrument will continue in perpetuity unless surrendered or as otherwise required under any applicable laws.

Severability

11.5. If any provision or part of this Instrument is illegal, unenforceable, or invalid, then such provision or part is deemed to be removed from and not form part of this Instrument, but the rest of this Instrument will not be affected and will continue in full force and effect.

No waiver

11.6. No waiver of any breach, or failure to enforce any provision, of this Instrument at any time by a party in any way affects, limits or waives the right of such party thereafter to enforce and compel strict compliance with the provisions of this Instrument.

Further assurances

11.7. Each party will do all acts and things including the execution of all relevant documents, as may be reasonable to implement and carry out its obligations under, and contemplated by, this Instrument.

Dated at Christchurch this 26th day of November 2025.

M. INGRAM, for the Minister for Land Information.

(LINZ CPC/2005/10912)