Easement decision - Gorge Burn Shelter - Around the Mountain Cycle Trail - A5960534

For this decision summary: 

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

Gorge Burn Shelter - Around the Mountain Cycle Trail

35 years

The Commissioner of Crown Lands has determined that it would be appropriate to grant an easement in gross to the Southland District Council for this public facility. The amount of consideration payable represents a fair financial return to the Crown for the granting of this easement over the lease concerned as required by the Crown Pastoral Land Act.
 

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

The Grantee shall when on the Grantor's Land:

1. 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.
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), and in particular shall comply with all conditions that may be imposed from time to time by the Grantor or any lawful authority.
4. Ensure that the surface of the Grantor's Land 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. The Grantee shall only enter onto the Grantor's Land pursuant to this Deed and upon reasonable prior notice. Such notice shall be given to both the Grantor and the Lessees (if any).
6. 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, which is damaged by the Grantee and will regularly maintain the Structures so as to avoid the Structures becoming a nuisance.
7. Should any historic artefacts or taonga be found during installation of the facility, all work must cease immediately and the find be reported to Heritage New Zealand Pouhere Taonga.
8. The site must be maintained in tidy condition and the Grantee shall remove all litter and waste from the site at regular intervals.
9. The Grantee shall compensate the Grantor or any Lessee for any loss suffered by the Grantor resulting directly from the actions of the Grantee.
10. 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 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.
11. 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 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.
12. 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.
13. The Grantee shall at all times use its best endeavours to keep the Easement Land clear of noxious weeds and pests.

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.