Easement in Gross Acquired for Groundwater Monitoring Purposes—Burnside Road, Takapau, Central Hawke’s Bay District
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 Ian Ralph Ellis and MCI Trustees Limited described in the First Schedule to this notice for groundwater monitoring purposes upon the terms and conditions set out in the Third Schedule to this notice and shall vest in Central Hawke’s Bay District Council on the date of publication of this notice in the New Zealand Gazette.
Lot 3 DP 9943 and Lot 1 DP 26784, comprised in Record of Title HBW2/810
A right to install, operate and maintain groundwater bores easement in gross over Part Lot 3 DP 9943 marked “A” and “B” on DP 628040 (“Easement”).
1. The burdened land is in the near vicinity of Takapau Wastewater Treatment Plant and Oxidation pond near the Makaretu River on Burnside Road, Takapau. An existing wetland is located on the part of the burdened land which the grantee leases for use to discharge treated sewage from the Wastewater Treatment Plant, before discharge into the adjoining Makaretu River, in accordance with resource consents granted to the grantee for this purpose.
2. The grantee intends to install groundwater bores in the easement area to enable the grantee to monitor the environment and to identify any leaching as a result of the oxidation pond and wetland area.
3. The grantor has agreed to grant an easement in gross in favour of the grantee over the easement area for the right to install, operate and maintain groundwater bores to enable the grantee to monitor the environment.
1.1. In this notice, unless the context indicates otherwise:
burdened land means Lot 3 DP 9943 and Lot 1 DP 26784, contained in Record of Title HBW2/810.
easement area means that part of the burdened land shown marked A and B on DP 628040.
easement facility means the groundwater monitoring bores and other associated equipment including monitoring and measuring equipment and other equipment suitable for that purpose (whether above or below ground including the right to anchor such equipment on the easement area) and anything in replacement or substitution and including any fencing constructed around the easement area;
grantee means Central Hawke’s Bay District Council and its successors and assigns and includes the grantee’s agents, consultants, contractors, employees, engineers, invitees, licensees and surveyors;
grantor means the registered owner of the burdened land for the time being and includes the grantor’s agents, consultants, contractors, employees, engineers, invitees, licensees, surveyors, tenants, and workers.
The grantor grants to the grantee the following rights and powers as an easement in gross forever:
2.1. The right to:
2.2. The right without prior notice 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 from time to time at all times and for all purposes.
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.
2.4 The right to erect and maintain a permanent fence around the respective easement area to provide adequate security to the easement facility and the balance of the burdened land, particularly to the grantor’s livestock.
2.5. The grantee shall have the right to do all such acts and things as are reasonably necessary for the better enjoyment of the rights granted by this easement.
3.1. The grantee shall use reasonable endeavours to cause as little disturbance and disruption to the lawful use of the burdened land by the grantor or third parties although the grantor accepts that this provision shall not prevent, restrict or hinder the grantee from exercising its right in a manner consistent with the rights granted by this instrument.
3.2. The grantee shall at all times observe and comply with all statutory and regulatory requirements applicable to the grantee in the carrying out of any rights granted to the grantee under this easement and without limitation shall comply with the requirements of any applicable regional and district plans made by a local authority and obtain any statutory consents required from time to time and shall not use the burdened land for any purpose not contemplated by this instrument.
3.3. The grantee shall, at its cost:
3.3.1. repair, maintain and keep clear the easement facility in good order and prevent it from becoming a nuisance or annoyance to the grantor;
3.3.2. repair and make good any damage caused to any of the grantor’s improvements on the burdened land or the surface of the burdened land by the grantee accessing and utilising the easement area pursuant to this easement;
3.3.3. complete all works required pursuant to this clause 3.3 with reasonable expediency.
The grantor agrees:
4.1. To permit and allow the grantee without prior 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.
4.2. To use its best endeavours to ensure that the grantor does not do and does not allow anything to be done that damages, destroys or compromises the easement facility and otherwise to indemnify and make good any damage caused to property of the grantee as a consequence of persons under the control of the grantor directly or indirectly causing damage or loss.
4.3. Any damage or destruction of the easement facility that is attributable to an act or omission of the grantor, the grantor shall be liable for all reasonable costs incurred by the grantee in repairing or replacing the easement facility.
4.4. To comply and observe all statutory and regulatory requirements applicable to the grantor as they affect the grantor as the owner of the burdened land.
4.5. 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:
4.6. 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.
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.
6.1. The grantee:
6.1.1. May at any time give the grantor written notice of its intention to surrender any or all of the grantee’s rights; and
6.1.2. May at any time more than 1 month after giving the notice, at its own cost, surrender the right/s.
6.2. On the surrender, the grantor:
6.2.1. Releases and discharges the grantee from all its obligations and liabilities under this easement in respect of the right; and
6.2.2. Must, at the grantee’s cost, execute a surrender instrument or any similar document on request by the grantee.
6.3. Subclause 6.2.1 does not affect any rights or liabilities arising before the surrender.
The rights and powers implied by clauses 1 and 10–14 of Schedule 5 to the Land Transfer Regulations 2018 shall be deemed incorporated and form part of this instrument but where any conflict arises the terms of this instrument shall prevail.
Notwithstanding any other provision of this instrument, if either party shall fail to comply with or observe any provision of this easement and such failure is caused by an event which is outside the reasonable control of that party, that failure shall not itself give rise to any cause of action or liability based on breach of that provision of this easement. For the avoidance of doubt and without limitation it is acknowledged that any damage to the burdened land or otherwise suffered by the grantor by flood waters or inundation outside of the reasonable control of the grantee shall not give rise to any liability to the grantee through the operation of this instrument.
Dated at Christchurch this 21st day of May 2026.
SZI MING LEE, for the Minister for Land Information.
(LINZ CPC/2005/10882)