NEW ZEALAND GAZETTE, No. 36

3 APRIL 2014

5. The right of way includes:

(a) The right to establish and maintain access by vehicle and by foot and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted including, clearing by the grantee, by any means, vegetation that impedes access by the grantee; and

(b) The right to have the easement facility kept clear at all times of obstructions including any obstruction caused by bush and/or vegetation, that impedes access by the grantee.

6. Nothing in this right of way easement requires the grantor to contribute to the cost of the establishment and maintenance of access over and along the easement facility.

7. No dedication or vesting of any land in the grantee for road or otherwise is to be implied in the easement or by the exercise of access by the public at large.

8. The following provisions of the Fourth Schedule of the Land Transfer Regulations 2002 are deleted:

(a) Clause 6; and

(b) Clauses 11(1) and 11(2).

9. The meaning of any words in this Schedule shall be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.

10. Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.

11. For the avoidance of doubt, the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated.

Grantor’s Covenants

12. The grantor covenants with the grantee that it will not at any time do or permit to be done anything on the easement land which may damage or obstruct the easement land or which may interfere with or affect the full free use and enjoyment by the grantee and members of the public of the rights, powers and privileges granted under this easement.

Repair and Maintenance

13. The grantee is responsible for arranging the repair and maintenance of the easement facility, and for its associated costs, so as to keep the easement facility in good order and to prevent it from becoming a danger or nuisance.

Grantee’s Covenants

14. The grantee hereby covenants with the grantor that the grantee will:

(a) Maintain the easement facility, and keep it in good order and condition;

(b) At all times use reasonable care and skill when exercising the rights powers set out in this instrument.

(c) Avoid causing any unnecessary interference with the grantor’s use or enjoyment of the easement land or the servient land.

15. For the purpose of performing any duty or in the exercise of any rights conferred by this instrument, the grantee may:

(a) Enter upon the servient land by a reasonable route with or without vehicles and machinery, engineers, contractors and workers and with all necessary tools and equipment for the purposes of laying, inspecting, replacing and maintaining the easement facility.

(b) Remain on the servient land for a reasonable time for the sole purpose of completing any necessary work in respect of the laying, formation and maintenance of the easement facility.

(c) Leave any vehicle or equipment on the servient land for a reasonable time if work pursuant to clause 15(a) is proceeding.

16. The grantor shall not be liable for any damages which may be caused to any equipment placed by the grantee on any part of the servient land otherwise than through the wilful act or default of the grantor or the grantor’s employees, contractors and other invitees.

Fifth Schedule

Easement to be Acquired

That part of Allotment 111 and Part Allotment 113 Karioi Parish; marked “B” on SO 466366 (part Computer Freehold Register SA20C/800).

Sixth Schedule

Easements Rights and Powers

The easement shall contain the rights and powers implied by the Fourth Schedule to the Land Transfer Regulations 2002 varied as set out below:

Interpretation
In this easement instrument, unless the context requires otherwise:

easement facility means the right of way established for pedestrian access over the easement land.

easement land means that part of the grantor’s land described in the Fifth Schedule herein.

grantee means the Waikato District Council and where applicable includes its successors and its agents, employees, contractors, tenants, licensees and invitees.

grantor means Caroline Mary Swann, being the registered proprietor of the land described in the Fifth Schedule herein and where applicable includes her successors in title and her agents, employees, contractors, tenants, licensees and invitees.

servient land means that parcel of land described in the Fifth Schedule herein over which this easement instrument is registered.

Grant of Right of Way

1. The grantor grants to the grantee for a term of 1000 years the right of the grantee in common with the grantor at all times, to go over and along the easement facility for use as a public pedestrian walkway, and to grant rights of access to the general public as invitees of the grantee including the right to enter upon the easement land with or without vehicles, machinery, engineers, contractors and workers for the purposes of laying, forming, inspecting, replacing and maintaining the easement land.

Right of Way

2. The right to go over and along the easement facility includes the right to go over and along the easement facility on foot only.

3. The right to go over and along the easement facility does not include the right to go over and along the easement facility with:

(a) Any type of powered motor vehicle including but not limited to cars, trucks, vans and motorbikes;

(b) any firearm.

4. The pedestrian right of way shall be for the use of the general public and:

(a) The grantee is entitled, in relation to the easement facility or its use to enforce any bylaws made by the