Easement decision - Cycling right of way - A6847873

For this decision summary:

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

Cycling right of way

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 attached Deed of Grant of Easement will minimise any potential adverse effects of the proposed activities. 

Consent is granted for an easement (cycling right of way), subject to the following conditions:

1. The Grantee shall 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.
   2. Immediately passing through any gates, close such of them as they were closed immediately before passing through them.
   3. Take all reasonable precautions for guarding against any danger (including, but without limitation, fire, physical damage or disease), 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.
   4. Ensure that;
      • As little disturbance as reasonably possible is caused to the surface of the Grantor’s Land; and
      • The surface of the Grantor’s Land is promptly restored as nearly as possible to its former condition; and
      • Any other consequential damage done by reason of the activities permitted on the Easement Land/ the Grantor’s Land is similarly restored. 
        PROVIDED 
        That the Trails on the Easement Land that are Constructed and Maintained in accordance with the requirements and obligations under this Deed and to the satisfaction of the Grantor, shall not be deemed to be damage or disturbance within the Easement Land SUBJECT to clause 7.2.
   5. The Grantee shall only enter onto the Grantor’s Land pursuant to the terms of this Deed and upon reasonable prior notice. 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.
   6. 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.
2. The Grantee shall compensate the Grantor for any direct loss suffered by the Grantor resulting directly from the actions of the Grantee provided that the Construction of the Trails on the Grantor’s Land shall not be deemed a direct loss suffered by the Grantor SUBJECT to clause 7.2 and 7.3 of this Deed.
3. The Grantee shall, at all times, in the exercise of the rights set out in this Deed 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.
4. 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 to use the Grantor’s Land.
5. 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. Furthermore, the Grantee acknowledges and agrees that the failure to comply with the obligations under this condition and in particular, any condition in a resource consent, archaeological authority or any other required consent or approval shall be deemed to be a material breach of the Grantee’s obligations under this Deed.
6. The Grantee shall be responsible for using its best endeavours, to prevent the Trials from becoming a danger or a nuisance.
7. The Grantee shall, at all times, use its best endeavours to keep the Easement Land clear of noxious weeds, pests, disease and contaminants.
8. 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.
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.
10. 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.
11. 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.