Easement Terms and Conditions




NEW ZEALAND GAZETTE, No. 98 — 10 SEPTEMBER 2015

  1. The rights and powers set out in paragraph 3 of Schedule 4 of the Land Transfer Regulations 2002.

  2. The rights and powers implied in these easements by the Land Transfer Regulations 2002 are varied and added to as follows:

    a. The Grantee’s right to convey water includes the right for the Grantee to take and convey water in free and unimpeded flow from the dominant land through the easement facility and over the servient land to any point of exit.

    b. The Grantee will determine where, when and how the easement facility is to be constructed along or in the stipulated course.

    c. No breach of the terms of this easement by the Grantee shall entitle the Grantor to cancel or revoke this easement.

    d. The Grantee is not compelled to convey water along or within the stipulated course.

    e. Any rights or immunity from liability or powers or remedies which the Grantee may have by statute or at common law are not affected by this grant and the Grantee shall have those rights or immunities and may exercise those powers or remedies independently of this Grant.

    f. The exercise of any rights or powers conferred on the Grantee by this instrument shall not entitle the Grantor to payment of compensation under the provisions of any enactment or at law, but nothing in this subclause 2(f) shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any provision of this instrument.

    g. The Grantor will not place any structure along or over the stipulated course of the easement, nor will it permit any vegetation to grow in or around the stipulated course of the easement where such vegetation is capable of damaging, interfering with or obstructing the easement facility. The Grantee has the right to remove such vegetation from the stipulated course if it, acting reasonably, believes such vegetation will cause damage to or obstruct the easement facility.

    h. For the purposes of this easement, the Grantee means the owner of the Dominant Tenement or any successor of the Grantee and includes the agents, employees, contractors, tenants, licensees and other invitees of the Grantee or any successor of the Grantee.

Part 3: Right to convey electricity

  1. The rights and powers set out in paragraph 7 of Schedule 4 of the Land Transfer Regulations 2002.

  2. The rights and powers implied in these easements by the Land Transfer Regulations 2002 are varied and added to as follows:

    a. The Grantee will determine where, when and how the easement facility is to be constructed along or in the stipulated course.

    b. No breach of the terms of this easement by the Grantee shall entitle the Grantor to cancel or revoke this easement.

    c. Any rights or immunity from liability or powers or remedies which the Grantee may have by statute or at common law are not affected by this grant and the Grantee shall have those rights or immunities and may exercise those powers or remedies independently of this grant.

    d. The exercise of any rights or powers conferred on the Grantee by this instrument shall not entitle the Grantor to payment of compensation under the provisions of any enactment or at law, but nothing in this subclause 2(d) shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any provision of this instrument.

    e. The Grantor will not place any structure along or over the stipulated course of the easement, nor will it permit any vegetation to grow in or around the stipulated course of the easement where such vegetation is capable of damaging, interfering with or obstructing the easement facility. The Grantee has the right to remove such vegetation from the stipulated course if it, acting reasonably, believes such vegetation will cause damage to or obstruct the easement facility.

    f. For the purposes of this easement, the Grantee means the owner of the Dominant Tenement or any



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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2015, No 98





✨ LLM interpretation of page content

🗺️ Terms and Conditions Applicable to the Easements in the Second Schedule (continued from previous page)

🗺️ Lands, Settlement & Survey
Easement Terms, Right of Way, Land Transfer Regulations, Property Law Act