Easement decision - Right of way - A6253249

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.

Right of way

In perpetuity

The Commissioner of Crown Lands has determined that it would be appropriate to grant a right of way easement to DC, ZJ, CA and JD Crutchley (Crutchley Partnership) to provide secure access to their freehold land. The easement document has been updated to reflect the purpose of the easement and to comply with LINZS45002 and LINZLS01295.

1. The rights and powers conferred by the easement are granted subject to the following conditions and obligations:
   1. The Grantee shall when on the Easement Land: remain on the Easement Land; 
      1. not use or cause to be used either any tracked vehicle or any other class of vehicle which has been prohibited by the Grantor; 
      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 disease) on the Grantor's Land, and in particular shall (but without limiting the general obligation to take full and proper precautions pursuant to this clause iii) comply with all reasonable conditions that may be imposed from time to time by the Grantor or any lawful authority; 
      4. ensure that as little damage or disturbance as possible is caused to the surface of the Grantor's Land and that the 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 repaired promptly; 
   2. The Grantee shall, at its cost, maintain and repair to the reasonable satisfaction of the Grantor any part of the Grantors Land, including the tracks, fences, gates, drains, buildings or other structures, which is damaged by the Grantee PROVIDED THAT the obligation to maintain and repair shall only arise if damage is caused by the Grantee. 
2. The Grantee shall at all times in the exercise of the rights set out in this Deed, not obstruct or hamper the Grantor, or any agents, employees and contractors of the Grantor or the Lessee, in its or their normal or reasonable use of the Grantor's Land. 
3. The Grantee shall not at any time except with the prior written approval of the Grantor carry out any activity which is not included within clause 2 of the Deed on the Grantor's Land, or do any other thing which would affect the ability of the Grantor to use the Grantor's Land. 
4. The Grantee shall comply at all times with all statutes and regulations and obtain all approvals, consents and authorisations as are necessary for the Grantee to conduct the activities permitted by this Deed. 
5. The Grantee must take all reasonable care to avoid any archaeological values on the Easement Land. Should any historic artefacts or taonga be found during roading upgrades, all work must cease immediately, and the find be reported to Heritage New Zealand Pouhere Taonga. 

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.