17 JULY 2014

NEW ZEALAND GAZETTE, No. 75

Wellington Land District—Kapiti Coast District

First Schedule

Second Schedule

Easement in favour of the Crown for the functioning indirectly of a road (stormwater easement); shown as “A” on SO 470914.

Third Schedule

Fourth Schedule

Interpretation

1. The provisions of clauses 1, 2, and 10–14 of the Fourth Schedule of the Land Transfer Regulations 2002 are implied into this easement instrument except to the extent expressly provided for the contrary in this easement instrument.

2. In this easement instrument:
   Easement Facility means the Stormwater manholes and Stormwater culvert.
   Servient Land means Section 4 on SO 470914; (Computer Freehold Register WN40D/130).
   Stipulated Area means that part of the Servient Land shown marked “A” on SO 470914.
   Stormwater culvert means the underground pipeline to be constructed by the grantee within the Stipulated Area.
   Stormwater manholes means the circular underground concrete structures to be constructed by the grantee within the Stipulated Area. Each such manhole will be fitted with a solid cover and collects stormwater runoff and routes it through underground pipes. It is an access point for underground pipes maintenance.

3. The NZ Transport Agency may exercise any of the rights and powers of the grantee under this easement instrument.

Purpose

4. The purpose of the Easement Facility is to drain the stormwater runoff from the road (Wellington Northern Corridor Mackays to Peka Peka Expressway), following works carried out by the grantee, in the immediate vicinity of the Servient Land.

5. The grantee needs to ensure the unimpeded performance of the Easement Facility in perpetuity, and therefore needs to reserve certain rights in relation to the Easement Facility and impose certain obligations on the grantor in relation to the Servient Land.

6. The stormwater corridor, the Stormwater manholes and the Stormwater culvert are integral parts of the Easement Facility.

Grantor’s Obligations

7. The grantor may have access to and over the Stipulated Area subject to:
   (a) compliance with this easement instrument; and
   (b) any direction to the contrary from the grantee.

8. The grantor must not (nor allow any other person to do so):
   (a) modify the shape or height of the stormwater corridor;
   (b) dig, cut, excavate or undermine the stormwater corridor;
   (c) fill in the Stormwater manhole and Stormwater culvert or otherwise hinder, obstruct or impede the flow of water in the Stormwater culvert;
   (d) construct, lay or erect anything on, through, under or over the Stipulated Area;
   (e) discharge any liquid into the Stormwater culvert or do anything (including, without limitation, new drainage from existing buildings, new impermeable areas, developments and subdivision on the Servient Land) which might create any new source of drainage which might discharge into the Stormwater culvert;
   (f) plant any vegetation on the Stipulated Area;
   (g) any other thing which in the grantee’s reasonable opinion impedes, frustrates or hinders the Stormwater manhole and Stormwater culvert achieving the purpose in clause 4, or the grantee exercising any rights under this easement instrument.

9. The grantor acknowledges that the Stormwater manhole(s) and Stormwater culvert are permanent improvements to the Servient Land, and that the grantor has received full and final compensation for the grant of this easement instrument and the impact of this easement instrument on the use and enjoyment of the Servient Land.

Fifth Schedule

Purpose for Which Leasehold Estate is Required
The lease is required to allow the Crown to occupy the lease land during the construction of the project. The lease land will be used for access to the interchange bridge, construction of swale and sediment pond, access to construction sites and such other purpose or purposes reasonably required for construction of the project.

Terms of the Leasehold Estate

1. For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.

2. The lease shall commence on the 14th day after publication of a proclamation taking the land and the lease in the New Zealand Gazette, and terminate on that date two years thereafter (“term”).

3. The registered proprietor shall be entitled to receive a current market rent for the term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the lease.

4. The Crown may, on the giving of written notice to the registered proprietor, extend the term for two further periods of one year should the project not be completed by the expiry of the original term. The current market rent shall be reviewed at the time the registered proprietor is given notice of any such extension.

5. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.

6. The Crown shall have the right to occupy the lease land for the term and for the avoidance of doubt such right shall include the right to enter and re-enter the lease land.