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, Szi Ming Lee, Land Information New Zealand, declares that:

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

Nelson Land District—Buller District

First Schedule

Land Acquired for Water Supply Purposes

Second Schedule

The Grantor’s Land

Section 2 SO 504661 (balance Record of Title NL8C/1148) (“Grantor’s Land”)

Third Schedule

Easement in Gross Acquired for Water Supply Purposes

A right to way easement in gross over the area marked A on SO 504661 (“Easement”).

Fourth Schedule

Easement Rights and Powers

The Easement shall contain the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) except as varied by the terms set out in this Easement.

Interpretation:

1. In this Right of Way Easement, unless the context requires otherwise:
   easement facility means an access track for pedestrian access over the Right of Way Easement Area and includes any equipment, structures and fixtures reasonably required for facilitating safe access along the Right of Way Easement Area.

Grant of Pedestrian Right of Way

2. The Grantor grants pedestrian right of way to the Grantee and invitees of the Grantee, to go over and along the Right of Way Easement Area at any time on foot for the purpose of accessing water infrastructure located on the Land.

Grantor’s Right and Obligations

3. The Grantee must not connect or allow the connection of any electricity in the Right of Way Easement Area without the prior written consent of the Grantor.
4. The Grantor covenants with the Grantee that it will not at any time do or permit to be done anything on the Right of Way Easement Area which may damage or obstruct the easement facility or which may interfere with or affect the full free use and enjoyment by the Grantee and the rights, powers and privileges granted under this Right of Way Easement.

Grantee’s Rights and Obligations

5. The Grantee will use reasonable endeavours to cause as little disturbance and disruption to the carrying on of the normal or reasonable operations of the Grantor or the lawful use of the burdened land by the Grantor, although the Grantor accepts that this provision will not prevent, restrict or hinder the Grantee from exercising its rights in a manner consistent with the terms and conditions set out under this Right of Way Easement.
6. The Grantee will have full, free and unrestricted right, liberty and privilege at any time to:
1. repair, inspect, maintain, replace, alter, upgrade, and operate the easement facility (and any associated equipment, structures and fixtures to facilitate safe access on the Right of Way Easement Area: and
2. lay, place, maintain and replace anchors and associated equipment in the Right of Way Easement Area for the purpose of securing any structures and fixtures to facilitate safe access on the Right of Way Easement Area; and
3. enter the Right of Way Easement Area with all required machinery and equipment upon the Right of Way Easement Area for the purposes of:
1. Maintaining, inspecting, repairing, renewing, altering, replacing and upgrading, the easement facility.
2. Excavate the Right of Way Easement Area for all or any of the purposes referred to above in clause 6(a).

Repair, Maintenance and Costs

7. Subject to clause 8, the Grantee is solely responsible for the maintenance and repair (and any action undertaken pursuant to clause 6) of the easement facility to ensure that the easement facility is kept in good order and to prevent it from becoming a danger or nuisance.
8. Any repair or maintenance of the easement facility that is attributable by legal proof to an act or omission by the Grantor must be promptly carried out by the Grantor at its sole cost, or the Grantee may at its sole discretion undertake such repair or maintenance and recover the costs as a debt from the Grantor.
9. Except in the case of an emergency, the Grantee must, to the extent that such works may interfere with or restrict the rights of the Grantor, provide the Grantor with reasonable notice setting out the timing of the works and take all reasonable steps to minimise any inconvenience to the Grantor.
10. The Grantee is responsible for the costs of any electricity used for the conveyance of water within the Right of Way Easement Area.

General

11. For the avoidance of doubt the rights and powers implied by the Fifth Schedule of the Property Law Act are negated, the Right of Way Easement not being a vehicular right of way.

Fifth Schedule

Easement in Gross Acquired for Water Supply Purposes

A right to convey water easement in gross over the area marked C on SO 504661 (“Easement”).

Sixth Schedule

Easement Rights and Powers

The Easement shall contain the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) except as varied by the terms set out in this Easement.

Interpretation:

1. In this Right to Convey Water Easement, unless the context requires otherwise:
   easement facility means a right to convey water, from any watercourse, open channel, telemetry, pipes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution.

Grantor’s Right and Obligations

2. The Grantor covenants with the Grantee that it will not at any time do or permit to be done anything on the Water Easement Area (except as provided for in any easements registered against the balance of the land held in Record of Title NL8C/1148) which may damage or obstruct the easement facility or which may interfere with or affect the full free use and enjoyment by the Grantee and the rights, powers and privileges granted under this Right to Convey Water Easement.

Grantee’s Rights and Obligations

3. The Grantee must not connect or allow the connection of any electricity in the Water Easement Area without the prior written consent of the Grantor.
4. The Grantee will use reasonable endeavours to cause as little disturbance and disruption to the carrying on of the normal or reasonable operations of the Grantor or the lawful use of the burdened land by the Grantor, although the Grantor accepts that this provision will not prevent, restrict or hinder the Grantee from exercising its rights in a manner consistent with the terms and conditions set out under this Right to Convey Water.
5. The Grantee will have full, free and unrestricted right, liberty and privilege to:
1. take and convey water from the point of entry through the easement facility and over the Water Easement Area.
2. do all things necessary to maintain the Water Easement Area including:
1. to prevent or regulate access to the Water Easement Area temporarily for the purpose of activities outlined in clauses 5(c) and (d); and
2. for operational reasons, to maintain, plant or remove any vegetation including grasses from the Water Easement Area.
3. enter the Water Easement Area with all required machinery and equipment for the purposes of:
1. maintaining, inspecting, repairing, renewing, altering, replacing and upgrading the easement facility.
4. use, upgrade, replace, maintain and repair an easement facility already situated in the Water Easement Area for the purpose of conveying water.

Repair, Maintenance and Costs

6. The Grantee is solely responsible for the maintenance and repair (and any action undertaken pursuant to clause 5) of the easement facility to ensure that the easement facility is kept in good order and to prevent it from becoming a danger or nuisance.
7. Any repair or maintenance of the easement facility that is attributable by legal proof to an act or omission by the Grantor must be promptly carried out by the Grantor at its sole cost, or the Grantee may at its sole discretion undertake such repair or maintenance and recover the costs as a debt from the Grantor.
8. Except in the case of an emergency, before carrying out any maintenance and/or repair pursuant to clause 5, the Grantee must, to the extent that such works may interfere with or restrict the rights of the Grantor, provide the Grantor with reasonable notice setting out the timing of the works and take all reasonable steps to minimise any inconvenience to the Grantor.
9. The Grantee is responsible for the costs of any electricity used for the conveyance of water within the Water Easement Area.

Dated at Wellington this 18th day of March 2026.

SZI MING LEE, for the Minister for Land Information.

(LINZ CPC/1998/1237)