Easement decision - Right of way (pedestrian and cycling) - A7107581

This decision was made under the Crown Pastoral Land Act 1998 and section 60 of the Land Act 1948.

Right of way (pedestrian and cycling)

In perpetuity

The Commissioner of Crown Lands has determined that it would be appropriate to grant a right of way easement to facilitate the completion of the Roxburgh Gorge pedestrian and cycle trail. The easement document has been updated to reflect the purpose of the easement and to comply with LINZS45002.

Obligations of the Grantee:

1. During construction and maintenance of the trail, the Grantee must at all times adhere to the following conditions: 
2. The Grantee must consult with Heritage New Zealand prior to commencing construction and if any archaeological features are likely to be disturbed obtain the required Authority in accordance with Part 3 of the Heritage New Zealand Pouhere Taonga Act 2014; 
3. In the event of an accidental discovery of any archaeological sites, work shall stop, and Heritage New Zealand shall be advised of the discovery; 
4. Any culverts must be constructed using best methods to ensure continued fish passage; 
5. At sites where clearance of native vegetation is unavoidable, where appropriate, a similar number of individual plants (utilising locally sourced nursery seedlings only) shall be established at a suitable self-sustaining site nearby. Native vegetation includes, but is not limited to, kanuka, kowhai, matagouri, Olearia lineata, Carmichaelia Petrie, Carmichaelia compacta, and porcupine shrub; 
6. All construction and maintenance equipment must be clean prior to entering the site to prevent the introduction and/or spread of weeds and must be re-cleaned after it has operated in previous sections of the trail where weed infestations are present; 
7. All surfacing material must be sourced from locations that are weed free, including but not limited to, briar, thyme, gorse, broom, wilding pine, and lupin; 
8. The track alignment shall be on existing, or remnants of existing, tracks wherever possible; 
9. Batters shall be trimmed, shaped and additional topsoil applied where needed to ensure stability and encourage vegetative cover; 
10. Exposed spill shall be avoided where possible; and 
11. All exposed trail cuts and batters shall be re-seeded with low fertility grass species such as brown top, sweet vernal and hard or silver tussock. 

The rights and powers conferred under ‘Grant of Rights’ of this Deed are granted subject to the following conditions and obligations on the Grantee: 

12. Wherever possible remain on formed roads and tracks, and when on those roads or tracks comply with all traffic laws and regulations as are applicable to public roads or in accordance with the Grantor’s directions; 
13. 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; 
14. 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) comply with all reasonable conditions that may be imposed from time to time by the Grantor or any lawful authority; 
15. Ensure that as little damage or disturbance as possible is caused to the surface of the Grantor's Land, including every attempt made to avoid rocky outcrops, and that the surface is restored as nearly as possible to its former condition prior to the Grantee’s use pursuant to this Easement and any other damage done by reason of the activities permitted on the Easement Land by this Deed, is repaired promptly; 
16. The Grantee shall, at its cost, Maintain and repair to the reasonable satisfaction of the Grantor any part of the Easement Land and/or the Grantors Land, including tracks, fences, gates, drains, buildings or other Structures, on the Easement Land; 
17. 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; 
18. 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 ‘Grant of Rights’ and ‘Obligations of the Grantee’ of this Deed on the Grantor's Land, or do any other thing which would affect the ability of the Grantor to use the Easement Land; 
19. The Grantee shall comply at all times with all statutes and regulations, ordinances and by-laws, and covenants to obtain all approvals, consents and authorisations at its own cost as are necessary for the Grantee to lawfully conduct the activities permitted by this Deed, including compliance by the Grantee’s servants, employees and invitees entering upon the Easement Land from time to time; 
20. The Grantee shall at all times keep the Easement Land clear of noxious weeds, pest plants, and/or Vegetation considered in the reasonable opinion of the Grantee to be a danger or hazard to the safety or operation of the Structures and the use of the Easement Land by the Grantee and its invitees. For the avoidance of doubt, noxious weed control within the Easement Land is the responsibility of the Grantee and must be undertaken, at a minimum, annually; 
    1. From time-to-time or at all times, the Lessee may access with vehicles or dogs, and as this does not restrict access to easement users, it will therefore not require 5 days notice; 
    2. From time-to-time use of the Easement Land may be restricted for the Lessee’s farming purposes acting reasonably, including but not limited to, lambing, irrigation, stock movements, vehicle and machinery movements, noxious weeds / pest plant control, pest predator control. Unless otherwise agreed between Grantee and Lessee, the Grantee must be given a minimum of 5 days prior notice by the Lessee and can be for a maximum of three hours; 
    3. Restrictions under clause a. of up to one week in duration are permitted should the Grantee receive notification of an intention by the Lessee to close access six months in advance. This must be followed by a minimum notification period of 5 days closer to the event; 
    4. In emergency circumstances the Lessee may restrict access to the Grantee with immediate effect; 
    5. The Grantee shall not use or cause to be used either any vehicle, class of vehicle, cycle, or power assisted cycle, which may be prohibited by the Grantor. 
21. The Grantee shall hold at all times during the term of this Deed, a public liability insurance policy, with a reputable insurance company, for an appropriate sum, which shall indemnify the Grantor against any costs or claims the Grantor may incur or suffer arising directly or indirectly from this Deed or as a result of the exercise of rights by the Grantee or any breach by the Grantee of its obligations, undertakings or warranties contained or implied in this Deed or from the use of the Easement Land by the Grantee or its invitees. In addition, the aforementioned policy must include to the effect that any principal who is party to a contract shall be covered as an interested party, and provide a copy of the relevant insurance certificate if requested by the Grantor; 
22. The Grantee shall meet all obligations under the Fire and Emergency New Zealand (FENZ) Act 2017, including ensuring that FENZ is notified if a fire is getting out of control or spreading, and taking reasonable steps to reduce the likelihood of harm or damage if you discover a burning or smoldering substance or an ensuing fire; 
23. The Grantee shall prevent the Works and Structures the Grantee places on the Easement Land from becoming a danger or a nuisance and shall maintain the Easement Land to prevent any part of the Easement Land from becoming a hazard or a danger or hazard to the safety or operation of the Structures, and the use of the Easement Land by the Grantee and its invitees. For the avoidance of doubt, the installation of services by the Grantor and/or Lessee is not restricted through the Easement Land; 
24. The Grantee shall keep the Easement Land clear of any obstructions (whether caused by deposits of material or other unreasonable impediment) other than during any period of maintenance of the Easement Land; 
25. The Grantee will comply with all obligations imposed on the Grantee at law as a person conducting a business or undertaking in terms of the Health and Safety at Work Act 2015 and will be responsible for the health and safety of any person who enters onto any part of the Easement Land and/or the Grantor’s Land in exercise of the rights granted by this Deed; 
26. The Grantee shall take all practicable steps (as far as is legally possible) to ensure that any obligations imposed on the Grantor under the Health and Safety in Employment at Work Act 2015 are complied with at all times and shall comply with any reasonable obligations imposed by the Grantor regarding the mitigation of hazards and the health and safety of persons on the Grantor’s Land and/or the Easement Land; 
27. The Grantee shall not permit any person (other than the Grantor or person as consented to by the Grantor) who uses the Easement Land bringing onto or being in possession of, on the Easement Land, any form of firearm (including those powered by air or gas) or animal (domestic or otherwise); 
28. The Grantee for itself and its servants, agents, workmen and contractors further covenants that it shall comply with clause 16; 
29. The Grantee shall use its reasonable endeavours to ensure that members of the public, using the Easement Land, likewise so comply with clause 16. The Grantee’s obligations hereunder shall generally be fulfilled by it complying with clause 19; 
30. The Grantee shall erect signage as necessary at appropriate points on the Easement Land (it being acknowledged that the non-vehicular Right of Way hereby created forms part of a continuous non-vehicular Right of Way between Alexandra and Roxburgh) detailing the complete ban on firearms and animals (as set out in clause 16); 
31. The Grantee shall be aware that the Easement Land is subject to Part 4A Conservation Act 1987. Therefore, marginal strips may be present, which are administered by the Department of Conservation and are excluded from this Easement. 

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.