Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired for the purposes of a pedestrian right of way and a cycle path (for use by the general public) over the land of the Crown ("the Grantor") described in the First Schedule.
This easement is to be created upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Gisborne District Council ("the Grantee") on the date of publication hereof in the New Zealand Gazette.
Gisborne Land District-Gisborne District
First Schedule
The Grantor's Land
Part Waikanae Stream Bed, Part Lot 49 DP 2086, Part Waiohiharore C2D Block, Part Waiohiharore C2E Block, Part Waiohiharore D9 Block and Part Lot 1 DP 2609 (parts Gazette Notice 157568.1); Part Waiohiharore D8 Block (part Gazette Notice 155127.1); and Part Waiohiharore 1A Block (part Lot 1 DP 2609) (Part Gazette Notice 179665.1).
(The Grantor's land to be known as the "Servient Land".)
Second Schedule
Easement to be Acquired
Purpose
Shown on
(SO 474737) Servient Land Part
Gazette Notice
Pedestrian right of way and cycle path easement in gross A Part Waikanae Stream Bed 157568.1
B and C Part Lot 49 DP 2086 157568.1
D Part Waiohiharore C2D Block 157568.1
E Part Waiohiharore C2E Block 157568.1
F Part Waiohiharore D9 Block 157568.1
G and H Part Waiohiharore D8 Block 155127.1
J and K Part Waiohiharore 1A Block
(Part Lot 1 DP 2609) 179665.1
I Part Lot 1 DP 2609 157568.1
(the "Easement Land").
Third Schedule
Together with the additional rights and powers set out in this Schedule, the easement shall contain the rights and powers implied into such easements by the Fourth Schedule to the Land Transfer Regulations 2002.
Interpretation
In this Easement Instrument, unless the context requires otherwise:
Easement Facility means the concrete pathway constructed on the Easement Land for pedestrian and cycle access over the Easement Land.
Easement Land means that part of the Servient Land shown marked "A", "B" and "C", "D", "E", "F", "I", "G" and "H" and "J" and "K" on SO 474737.
Clause 1(c) Schedule 4 of the Land Transfer Regulations 2002 is deleted.
1. Grant of Right of Way (Pedestrian and Bicycle)
1.1 The Grantor grants to the Grantee, and the general public, the full, free, uninterrupted and unrestricted right at all times to go over and along the Easement Land subject to clause 1.2.
1.2 The right of the general public to go over and along the Easement Land:
1.2.1 is limited to the right of the general public to go over and along the Easement Land on foot and bicycles only.
1.2.2 includes the right to go over and along the Easement Land with or without any kind of domestic animal.
1.3 The right of way granted under clause 1.1 of this instrument includes:
1.3.1 the right for the Grantee to repair and maintain the Easement Facility, and (if necessary for any of those purposes) to alter the state of the Easement Land; and
1.3.2 the right for the Grantee to enter upon the Servient Land with or without vehicles and machinery, engineers, contractors and workers as is reasonably necessary for the purposes of laying, inspecting, replacing, enlarging, improving and maintaining the Easement Facility.
1.3.3 the right to have the Easement Land kept clear at all times of obstructions to the use and enjoyment of the Easement Facility.
1.4 Where the Grantee carries out works on the Easement Land, the Grantee will:
1.4.1 give reasonable notice to the Grantor before entering the Easement Land to carry out the works, except in the case of emergency where no notice is required; and
1.5 For so long as the Servient Land is used as a school site, comply with all health and safety procedures regarding contractors on school sites as advised by the Grantor to the Grantee from time to time.
1.6 The Grantee will comply with all statutory requirements while performing any duty or exercising any rights conferred under this instrument.
1.7 Clause 6(3)(a) Schedule 4 to the Land Transfer Regulations 2002 is deleted.
2. Repair, Maintenance and Costs
2.1 The Grantee is responsible for arranging the repair and maintenance of the Easement Facility, and for the associated costs, so as to keep the Easement Facility and any fences and improvements installed by the Grantee on the Easement Land in good order and to prevent it from becoming a danger or nuisance.
2.2 The Grantee will, at its cost, remove graffiti from the Easement Facility and all fences and other improvements on or immediately adjoining and facing the Easement Land. This clause 2.2 does not limit clause 2.1.
2.3 Clause 11(2) of Schedule 4 to the Land Transfer Regulations 2002 is deleted.
3. No Power to Terminate
3.1 There is no implied power in this instrument for the Grantor to terminate the easement rights due to the Grantee breaching any term of this instrument or for any other reason, it being the intention of the parties that the easement rights will continue forever unless surrendered in accordance with clause 4 of this instrument.
4. Grantee May Surrender
4.1 The Grantee:
4.1.1 may at any time give the Grantor written notice of its intention to surrender the Grantee's rights under this easement; and
4.1.2 may, at any time more than one month after giving the notice, at its own cost, surrender the Grantee's rights subject to clause 4.2.
4.2 On the surrender, the Grantor:
4.2.1 releases and discharges the Grantee from all its obligations and liabilities under this easement in respect of the right; and
4.2.2 must, at the Grantee's cost, execute a surrender instrument or any similar document on request by the Grantee.
4.3 Subclause 4.2 does not affect any rights or liabilities arising before the surrender.
5. Public Works Act 1981
5.1 For the avoidance of doubt, the parties agree that the right of termination on three months' notice without compensation is expressly excluded from the grant.
6. Conflict
6.1 In the event of any conflict between the implied rights prescribed by the Land Transfer Regulations 2002 and the rights and powers expressly stated herein, the rights and powers expressly stated herein shall prevail.
Dated at Wellington this 19th day of September 2014.
T. BUCKTHOUGHT, for the Minister for Land Information.
(LINZ CPC/2014/17622)