2046 NEW ZEALAND GAZETTE No. 84

Rights and Powers

Pedestrian Right of Way

3. The council ("the grantee") will have a right of way (restricted to pedestrian use only) for itself, its employees, tenants, agents, licensees, and invitees in common with Victoria University of Wellington and Seabar Holdings (No. 16) Limited as the registered proprietor of the land described in the Third Schedule ("the servient land") (together with their successors in title called "the grantor") in common with the grantor’s tenants and any person lawfully entitled so to do to pass and repass at all times, through the servient land. A pedestrian subway is erected through the servient land ("the subway").

4. The subway and all improvements associated with the subway will remain in the ownership of the grantee and will be at the risk of the grantee at all times.

5. The grantee will use its best endeavours to keep the right of way clean and tidy and in a continued state of substantial repair at all times.

Easement Rights for Services

6. The grantee will have the right in common with the grantor and its employees, tenants, contractors and invitees, to convey water and gas and to drain storm water and sewage through pipes laid or to be laid through the servient land.

6.1 For the purposes of clause 6:

• "storm water" means water generated by storm, or spring, or seepage water;
• "sewage" means sewage and other waste water and material;
• "pipes" means 1 or more pipes laid or to be laid under the surface of the servient land for the purposes of this notice.

7. The grantee will have the right in common with the grantor and its employees, tenants, contractors and invitees, to transmit electricity and telecommunications through lines or cables laid or to be laid through the servient land.

Rights and Obligations Applying to the Easement Rights

8. The above easement rights are, together with the following rights:

8.1 The grantee may enter the land by the most practicable route to do the following work:

• repair, maintain and replace (if necessary) the subway;
• construct and lay pipes, lines or cables;
• inspect, maintain, alter or replace pipes, lines or cables;
• excavate the servient land to carry out the above work.

8.2 The grantee may do anything for the full exercise of the rights granted by this document. This includes the right to continue to have installed any fixtures or fittings currently sited in the servient land which are necessary to exercise the rights granted herein and to include any such items as may be necessary to exercise those rights in the future. The grantee may exercise its right herein with or without agents, contractors and employees and with or without tools, plant, equipment and vehicles.

9. The grantee, when exercising its water and gas conveyance, water and sewage drainage, and electricity and telecommunications transmission rights, will keep the services associated with those rights in good and substantial repair.

10. The grantee, when exercising the easement rights described in the previous clause, will do all of the following:

• give reasonable notice to the grantor before exercising its rights. However, such notice will not be necessary if the grantor will not be inconvenienced by the exercise of those rights. Also, no such notice will be required in an emergency;
• cause as little damage and inconvenience as possible to the servient land;
• after the rights are exercised, restore the servient land as nearly as reasonably possible to its previous condition;
• comply with all relevant legislation and other laws.

11. The grantor will not do anything to:

• prevent or interfere with the free passage of water, gas, storm water or sewage through the pipes or interfere with the transmission of electricity or telecommunications through the lines or cables;
• interfere with the full use and enjoyment by the grantee of the rights created by this document.

11.1 The grantor will not erect buildings or other structures over any part of the servient land without the prior written permission of the grantee.

Right to Clean and Maintain Walls For a Bus Shelter

12. The grantee is to erect a bus shelter on the boundary of the land of which the grantee is the registered proprietor described in the First Schedule ("the dominant land").

12.1 The grantee will have the right as appurtenant to the dominant land with its employees and contractors to access the land above the servient land by vehicle or on foot, with or without machines and equipment, to clean the glass walls of the said bus shelter, and to carry out repair and maintenance work to the said glass wall.

12.2 The grantee will comply with clause 11 in carrying out its rights under clause 12.1.

12.3 Notwithstanding the foregoing provisions of clause 12, the grantor has the right at any time to build over the area above the servient land as part of a planned extension to the building erected on the land, and also the right to support the foundations of any such extension on the structure comprising the subway. In the event that the grantor exercises such rights, then:

• if the grantor proves to the reasonable satisfaction of the grantee that the wall of the grantor’s planned building extension will be sufficient to support the bus shelter to be erected by the grantee, then the grantee will remove the glass wall of the bus shelter as soon as the grantor has received all necessary statutory or regulatory approvals for the construction of the building extension;
• the parties will enter into and register a party wall easement in respect of the wall of the grantor’s building extension.
• the rights granted pursuant to clause 12.1 shall cease to have effect.

13. The grantee indemnifies the grantor from all actions or claims brought against the grantor as a result of the grantee exercising its rights under the easements described above.