NEW ZEALAND GAZETTE, No. 29

13 MARCH 2014

0.1732 Adjoining or passing through Allotment 320 Waioeka Parish; shown as section 5 on SO 461791.

0.1063 Adjoining or passing through Allotment 320 Waioeka Parish; shown as section 6 on SO 461791.

0.0537 Adjoining or passing through Allotment 320 Waioeka Parish; shown as section 7 on SO 461791.

Fourth Schedule

Description of Land Acquired for Pedestrian and Cycleway Easement in Gross

Part Allotment 348 Waioeka Parish; marked "A" on SO 461791 (Part Computer Freehold Register GS2D/787).

Fifth Schedule

Terms of Easement Over the Easement Land

1. The Grantee and its invitees, contractors, employees and anyone else (including the public generally) will have the full, free and unrestricted right, liberty and privilege to go, pass and to re-pass over and along that part of the servient tenement set out in the Fourth Schedule ("the Easement Land") at any time, by bicycle, on foot or any other form of human powered transportation and any electric powered vehicles used by disabled or infirm people. The rights created by this instrument will continue unless surrendered by the Grantee.

2. The Grantee and its invitees, contractors and employees will have the full, free, and unrestricted right, liberty and privilege at any time to:
   (a) establish, form, construct, repair, inspect, maintain, replace, upgrade and operate a cycleway (and any associated equipment, structure and fixtures) on the Easement Land; and
   (b) enter onto the Easement Land and the adjoining land of the Grantor ("Land") with or without vehicles, plant, equipment and implements for the purposes of:
   (i) undertaking the matters set out in clause 2(a);
   (ii) providing medical or other assistance to any person using the Easement Land; or
   (iii) removing any trees required to be removed for construction of the cycleway.
   (c) subject to the Grantee providing a minimum of two weeks’ notice to the Grantor prior to entry to construct the footpath/cycleway, or the underpass as required by clause 16 or the fences as required in clause 17.

3. The Grantee may dig up the Easement Land for all or any of the purposes referred to above and if necessary may deposit soil, aggregate, and/or any other material upon the Grantor’s land adjoining the Easement Land provided that all work will be carried out expeditiously, and on completion, the surface of any land adjacent to the Easement Land that is affected will immediately be restored as nearly as possible to its former state and condition at the Grantee’s sole cost.

4. In exercising any rights under this instrument, the Grantee will not unduly interfere with the farming operations or any other lawful use of the Grantor’s land and will, except in case of emergency, give reasonable notice to the Grantor of the Grantee’s intention to carry out any works or enter the Grantor’s land.

5. The Grantee will be liable for any damage arising from or out of any use of the Easement Land by any person.

6. The Grantor will not do nor suffer nor permit to be done any act, matter or thing whereby the Grantee’s rights hereunder may be interfered with or affected and in particular (but not to restrict the generality of this clause) the Grantor will not construct, erect or place (or suffer or permit the same) on the Easement Land any building or structure, or do anything else which may reduce the soil and general stability of the Easement Land.

7. The Grantor will not grant any rights or interest in the Easement Land to any other person which conflict with the rights granted by this instrument.

8. For the purposes of undertaking the matters set out in clause 2(b), the Grantee may access the Easement Land over such tracks, roads, accessways or other routes over the Grantor’s land as may be reasonable in the circumstances provided that the Grantor may impose reasonable conditions on such access (except in an emergency) but may not unreasonably restrict access to the Easement Land.

9. The Grantee will use reasonable efforts to keep the Easement Land free of litter and obstructions.

10. The parties agree that this is an easement in gross in favour of Council and that it will be registered as such and that the Grantee is the controlling entity of the Easement Land for the purposes of the Local Government Act 2002 and any other legislation or rules pertaining to the use of the Land or the Easement Land.

11. The Grantee may establish, and use reasonable endeavours to ensure compliance with, rules relating to the use of the Easement Land. The rules may include restrictions in relation to deviating from the Easement Land, littering, animals, camping, the use of motor vehicles, carrying dangerous goods or firearms and lighting fires.

12. If the Cycle Trail or any part of it is destroyed or damaged by land slip, erosion or natural disaster, the Grantor and the Grantee will consider whether it is reasonable to reconstruct and reposition the Cycle Trail, or that part of it which is destroyed or damaged, along the closest reasonably practicable route. If the parties agree, then the Grantor will do all things necessary and the Grantee will provide such assistance as is necessary to register a replacement easement instrument against the title to the Land to record the repositioned Cycle Trail. The Grantee will pay the cost of reconstructing the Cycle Trail and registering the necessary instruments.

13. The Grantor will take reasonable steps to ensure that the Easement Land is free from hazards which may pose a risk to users of the Easement Land or to the Easement Land itself including taking reasonable steps to prevent spray drift, tree felling, dangerous animals, motor bikes or other vehicles, firearms or other equipment or hazards which may pose such a risk on or near the Easement Land.

14. The Grantor or Grantee will have the reasonable right to restrict access to the Easement Land with not less than 48 hours’ public notice, subject to the prior approval of the Chief Executive of the Opotiki District Council, except that in an emergency situation the Grantor or Grantee may restrict access to the Easement Land immediately, but must notify the other party of that restriction as soon as possible in the circumstances.

15. Where there is any dispute or default in relation to the terms of this easement, then the appropriate dispute or default provisions of the Land Transfer Regulations 2002, or any Regulations issued in substitution, shall apply.

16. The Grantee acknowledges that a stock underpass will be constructed by the Grantee at its cost, in a convenient position, to allow stock to pass across the Easement Land. This underpass shall be suitable for and used for