Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Deepal Chand, Land Information New Zealand, and pursuant to an agreement to that effect having been entered into, the easements in gross described in the Second Schedule to this notice are acquired for water supply purposes over the land of Evan Miles Frew, Maureen Doris Frew and AH Trustees (Avoca) Limited 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 the Selwyn District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Canterbury Land District—Selwyn District

First Schedule

The Grantor’s Land

Rural Section 27367 and part Rural Section 27366 (part Record of Title CB31A/136) and Lot 2 DP 74116 (Record of Title CB42D/509)

Second Schedule

Easements in Gross Acquired

Right of way easement in gross marked A and B on DP 587115.

Third Schedule

Easement Rights and Powers

Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2018 and/or Schedule 5 of the Property Law Act 2007. The implied rights and powers are hereby added to by the provisions set out below:

15. The parties acknowledge and agree that Hartleys Road gate to the easement area will be secured by way of separated linked locks for use by each of the grantee and the grantor. The grantor will provide the chains and each party will be responsible for their own locks and keys to such gate. The grantee and grantor will immediately after passing through any gate on the burdened land close such gate and lock upon leaving the easement area.

16. In exercising its rights under this easement, the grantee will indemnify the grantor against all actions, proceedings, claims, demands, losses, damages (physical or monetary), costs, expenses or liabilities of any kind suffered or incurred by any third person as a result of the grantee failing to comply with the obligations set out in clause 15.

17. The Grantor will immediately give notice to the Grantee of any damage, accident or defect in relation to the burdened land, any event required to be notified to the health and safety regulator, and any circumstances likely to cause damage, illness or injury caused by or in relation to the burdened land.

18. The Grantee will:

1. comply with all relevant legislation, regulations and bylaws affecting the burdened land and the Grantee’s use of it (including the Health and Safety at Work Act 2015);
2. work with the Grantor to consult, co-operate and co-ordinate activities in order to meet each party’s respective health and safety obligations under applicable legislation, regulations and this easement instrument;
3. not cause or allow any act that would cause nuisance or annoyance to the Grantor or any neighbours, or cause contamination of the burdened land; and
4. at its cost, obtain and comply with any required resource consents, permits, and other planning approvals required for its use of the burdened land.

19. The parties shall use reasonable endeavours to resolve any dispute or difference arising out of or in connection with this easement instrument in good faith by negotiation. Failing resolution by negotiation the parties may agree to an alternative method to resolve the dispute or difference. However, nothing in this clause will prevent either party from taking immediate steps to seek relief before an appropriate court at any time.

20. In the event of conflict between the Fifth Schedule to the Land Transfer Regulations 2018 and Schedule 5 of the Property Law Act 2007, the Property Law Act 2007 will prevail.

21. In the event of conflict between the Fifth Schedule to the Land Transfer Regulations 2018, Schedule 5 of the Property Law Act 2007 and the provisions of this easement instrument, the provisions of this easement instrument will prevail.

Dated at Wellington this 17th day of October 2023.

D. CHAND, for the Minister for Land Information.

(LINZ CPC/2006/11295)