Easement decision - Conveying and storing water - A5434536

For this decision summary:

• LINZ received the application before 17 November 2022
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 excluding the amendments taking effect on 17 November 2022.

Conveying and storing water

In perpetuity

The Commissioner of Crown Lands has determined that the proposed easement is required by the applicant and will not adversely affect inherent values or the use of the lease.

Consent is granted for an easement subject to the following conditions:

1.  The Grantee will, when exercising its rights under this Deed: 
   1. wherever possible remain on the formed 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; 
   2. 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;
   3. take all reasonable precautions for guarding against any danger (including but without limitation, fire, physical damage or transmission of disease or spread of contaminants), and in particular will (but without limiting the general obligation to take full and proper precautions pursuant to this clause 5.1(c)) comply with all reasonable conditions that may be imposed from time to time by the Grantor or any Authority;
   4. ensure that as little damage or disturbance is caused to the surface and riparian environment of the Easement Land and the Grantor’s Land and that the surface and riparian environment 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; 
   5. repair to the reasonable satisfaction of the Grantor and the Lessee, any part of the Easement Land and the Grantor’s Land, including the tracks, fences, gates, drains, buildings or other structures, which is damaged directly or indirectly by the Grantee. 
2. The Grantee covenants that when it exercises its rights under this Deed it will do so at all times in a manner so as not to obstruct or hamper the Grantor or the Lessee in its authorised use of the Easement Land.
3. The Grantee will not at any time carry out on the Easement Land any activity which is not provided for under clause 2 of this Deed, or do any other thing which would affect the ability of the Grantor or the Lessee to use the Easement Land.
4. The Grantee will comply at all times with all statutes and regulations, ordinances and by-laws, and codes of practice placing obligations on the Grantee and covenants to obtain all approvals, consents and authorisations as are necessary for the Grantee to lawfully conduct the activities permitted by this Deed.
5. The Grantee will at all times use its best endeavours to keep the Easement Land clear of noxious weeds, pests, disease and contaminants resulting from the Grantee’s exercise or attempted exercise of its rights under this Deed.
6. The Grantee will at all times keep the Easement Land clear of Vegetation considered in the reasonable opinion of the Grantee to be a danger or hazard to the safety or operation of the Structures. 
7. The Grantee shall Maintain the Structures the Grantee constructed or placed on the Easement Land in good working order and condition and will prevent the Structures from falling into disrepair or from becoming a danger or hazard. Furthermore, the Grantee shall not allow or permit the Structures to become obsolete or redundant.
8. In accordance with section 34 of the HSW Act, the Grantee will, so far as is reasonably practicable, consult, cooperate with, and coordinate activities with:
   1. the Grantor; and
   2. the Lessee; and
   3. 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, in order to ensure that at all times, each of the parties referred to is complying with its duties under the HSW Act.
9. 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.

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.