Notice Title

Easement in Gross Acquired—North Terrace, Gore District

Publication Date
23 Apr 2026

Tags

Public Works Act Other Districts Gore

Notice Number

2026-ln2197
Title
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File Type and Size
PDF (33 KB)

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Szi Ming Lee, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice is acquired over the land of James Galbraith Weir, Glenys Margaret Weir and Michael Julian Wallace (“Grantor”) described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in Gore District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Southland Land District—Gore District

First Schedule

Grantor’s Land

Lot 2–3 DP 390587, comprised in Record of Title 363394.

Second Schedule

Easement in Gross Acquired

A right to convey water easement in gross over Part Lot 2 DP 390587 marked “A” on DP 625005 (“Easement”).

Third Schedule

Rights and Powers of Required Easement

Terms and Conditions of Easement

1. Definitions

  1. Grantee includes successors and assigns of the Grantee and the Grantee’s agents, consultants, contractors, employees, engineers, invitees, licensees, and workers.
  2. Regulations means Schedule 5 of the Land Transfer Regulations 2018.

The easement shall contain the rights and powers implied into rights to convey water, and into all classes of easements by Schedule 5 to the Land Transfer Regulations 2018 (“Regulations”) with the following modifications and additions:

2. Grantee’s Rights

The grantor grants to the grantee the following rights and powers as an easement in gross forever:

Right to Operate Easement Facility

2.1 The right to install, construct, operate, maintain, repair, replace, upgrade, inspect and monitor the easement facility within the easement area (including the right to excavate land for the purpose of that installation and construction).

Unfettered Access

2.2 The right upon no less than three working days prior notice (other than in the case of an emergency) to enter upon and re-enter and remain upon the easement area and such other parts of the burdened land reasonably necessary or convenient to the exercise by the grantee of its rights and interests herein granted without obstruction or any restriction whatsoever, with or without implements, tools, equipment and materials of any kind and with or without vehicles including heavy machinery if required during the hours of 9.00am to 5.00pm, Monday to Friday.

Right to Inspect, Maintain, Replace and Improve

2.3 The right to inspect, maintain, remove, renew, replace, enlarge or improve all or any part of the easement facility including the rights to keep clear, remove from the easement facility all vegetation, sediment, silt, debris or other obstruction.

3. Grantor’s Obligations

The grantor agrees:

Allows Unfettered Access

3.1 To permit and allow the grantee upon reasonable notice to enter upon and re-enter and remain upon the easement area and such parts of the burdened land reasonably necessary or convenient for the purpose of gaining access to and from the easement area and for accessing any part of the easement facility.

Not Interfere With the Easement Facility

3.2 The grantor must not do and must not allow to be done on the burdened land anything that may interfere with, obstruct, restrict, or interfere with the efficient operation of the easement facility, including the following:

  1. placing, planting or growing, or allowing to be placed, planted or grown any plants, trees, shrubs or vegetation on the easement area that may interfere with the easement facility and the grantee’s ability to access it;
  2. erecting or placing any structure, building, hoarding, sign or other erections on the burdened land that would interfere with the easement facility and the grantee’s ability to access it.

3.3 The grantor shall not grant any further easement rights over the easement area or any part of the easement area without the written approval of the grantee who may withhold such approval where it believes on reasonable grounds that such additional grant will compromise the easement facility.

4. Ownership of Improvements

The grantor acknowledges that the easement facility remains the property of the grantee and that the grantee may at any time remove from the burdened land any part or parts of the easement facility (where appropriate) and remedy any damage caused by the removal.

5. General

5.1 The meaning of any words in this instrument shall be that given in clause 1 of Schedule 5 of the Regulations where applicable.

5.2 Where the terms of this instrument are in conflict with the Regulations the terms of this instrument shall prevail.

Dated at Wellington this 22nd day of April 2026.

SZI MING LEE, for the Minister for Land Information.

(CPC/2005/10748)