Easement decision for Lorne Peak - Easement to convey electricity - A5511574

For this decision summary:

• LINZ received the application on or after 17 November 2022
• accordingly, the decision was made under the Land Act 1948 including the amendments taking effect on 17 November 2022.

Applicant

The Power Company Limited

Easement to convey electricity

In perpetuity

The Commissioner of Crown Lands has determined that the proposed activity is one which comes within the provisions of section 60(1) of the Land Act 1948 and that the terms and conditions specified in the Deed of Grant of Easement will minimise any potential adverse effects of the proposed activities. The applicant is unable to achieve a safe design within the legal road corridor and needs to utilise parts of the adjoining pastoral land in order to construct and maintain the proposed power infrastructure and the easement is therefore considered reasonably necessary. 

Consent is granted for an easement in gross for the right to convey electricity, subject to the following conditions:

1. The Power Company Limited surrender the right to convey electricity over Lorne Peak Station provided for in the Deed of Grant of easement dated 15 July 2022 when the replacement easement as provided for herein is executed.
2. Wherever possible remain on the constructed roads and tracks and when on those roads or tracks comply with all traffic laws and regulations as are applicable to public roads and with the Grantor's directions (if any). 
3. Immediately after passing through any gates, close such of them as were closed and lock such of them as were locked immediately before such passing through. 
4. Take all reasonable precautions for guarding against any danger (including, but without limitation, fire, physical damage or disease or the spread of contaminants), and in particular shall (but without limiting the general obligation to take full and proper precautions pursuant to this clause) comply with all conditions that may be imposed from time to time by the Grantor or any lawful Authority. 
5. Ensure as little damage or disturbance is caused to the surface of the Easement Land and/or the Grantor's Land and that the said surface is restored as nearly as possible to its former condition and any other damage done by reason of the activities permitted on the Easement Land by this Deed is similarly restored to the satisfaction of the Grantor. 
6. The Grantee shall only enter onto the Grantor's Land pursuant to the terms of this Deed and upon reasonable prior notice, Pursuant to clause 7 of this Deed. Such notice shall be given to both the Grantor and the Lessees (if any), EXCEPT in an emergency where the Grantee may enter without notice if necessary provided that subsequent notice is given as soon as practicable.
7. The Grantee shall, at its cost, maintain and repair to the satisfaction of the Grantor any part of the Easement Land, including the tracks, fences, gates, drains, buildings or other Structures.
8. The Grantee shall, at its cost, maintain and repair to the satisfaction of the Grantor any part of the Grantor's Land, including the tracks, fences, gates, drains, buildings or other Structures, which is damaged by the Grantee.
9. All machinery used in construction is to be thoroughly cleaned and free of weed seeds.
10. No soil disturbance is to occur within 5 metres of any permanent watercourse.
11. The Grantee shall compensate the Grantor or any Lessee for any loss suffered by the Grantor resulting directly from the actions of the Grantee.
12. The Grantee shall, at all times, in the exercise of the rights set out in this Deed will do so in a manner as to not obstruct or hamper the Grantor or any Lessee or any agents, employees and contractors of the Grantor or any Lessee in its or their normal or reasonable use of the Grantor's Land. 
13. The Grantee shall not at any time carry out any activity which is not included within clause 2 of this Deed on the Grantor's Land, or do any other thing which would affect the ability of the Grantor or any Lessee to use the Grantor's Land.
14. The Grantee shall comply at all times with all statutes, regulations ordinances, by-laws, codes of practice and resource or other consents and obtain all approvals, consents and authorisations as are necessary for the Grantee to lawfully conduct the activities permitted by this Deed.
15. The Grantee shall at all times use its best endeavours to keep the Easement Land clear of noxious weeds, pests, disease and contaminants.
16. The Grantee shall at all times keep the Easement Land clear of any Vegetation considered in the reasonable opinion of the Grantee and/or the Grantor to be a danger or hazard to the safety and operation of the Infrastructure.
17. The Grantee shall Maintain the Infrastructure the Grantee Constructed or placed on the Easement Land in good working order and condition and will prevent the Infrastructure from falling into disrepair or from becoming a danger or hazard. Furthermore, the Grantee shall not allow or permit the Infrastructure to become obsolete or redundant.

18. In accordance with section 34 of the Health and Safety at Work Act 2015 (HSW Act), the Grantee will, so far as is reasonably practicable, consult, cooperate with, and coordinate activities with: 

    1. the Grantor; and
    2. other persons conducting a business or undertaking (as defined in section 17 of the HSW Act) who are accessing any part of the Easement Land/Grantor's Land, in particular, but not limited to, the Lessee,

    in order to ensure that at all times, each of the parties referred to is complying with its duties under the HSW Act. 

19. The Grantee will comply with its duties under the HSW Act and ensure its own health and safety and that of its workers and any person who enters on any part of the Grantor's Land and/or the Easement Land at the request or under the authority of the Grantee.
20. The Grantee shall take all practicable steps (as far as legally permissible) to ensure that any obligations imposed on the Grantor under the HSW Act or any Act in substitution thereof, and any regulations thereunder, are complied with at all times and shall comply with any reasonable obligations imposed by the Grantor regarding the identification elimination or isolation of hazards and risks and the health and safety of persons on the Grantor's Land and/or the Easement Land.
21. The Grantee will comply with any reasonable instructions from the Grantor regarding the elimination or isolation of hazards and risks and/or the health and safety of persons on the Grantor's Land and/or the Easement Land.

Easements granted by the Commissioner of Crown Lands also incorporate (with minor variations) the terms set out in Appendix G of the Standard for purchase, alienation, and administration of Crown land - LINZS45002.