Easement decision - Telecommunications easement - A7288606

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.

Telecommunications easement

35 years

The Commissioner of Crown Lands has determined that it would be appropriate to grant an easement in gross to Rural Connectivity Group for the installation and ongoing maintenance of a communication facility in the Lindis Valley. The conditions relating to the works are necessary to protect inherent natural and historic values. 

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 access track, constructed roads and tracks and when on those roads or tracks comply with all traffic laws and regulations as are applicable to public roads and in accordance with the Grantor's directions (if any).
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, disease or the spread of contaminants), and in particular shall (but without limiting the general obligation to take full and proper precautions pursuant to this clause 3) comply with all conditions that may be imposed from time to time by the Grantor acting reasonably or any lawful authority.
4. Ensure that no soil is removed from the Easement Land and 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 forthwith. Soil is not to be disposed of in gullies or waterways.
5. 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 which shall include, but not be limited to: backfilling all trenches with locally excavated material and cover the same with adequate soil and reseeding in order to restore the natural vegetation over the Easement Land to the satisfaction of the Grantor. The removal or damage to vegetation should be kept to a minimum.
6. Indigenous vegetation removed during construction is to be stored and used in revegetation of disturbed areas.
7. 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), EXCEPT in an emergency where the Grantee may enter without notice if necessary, provided that subsequent notice is given as soon as practicable.
8. The Grantee shall, at its cost, repair to the satisfaction of the Grantor any part of the Grantor's Land, including the access track, or any other tracks, fences, gates, drains, buildings or other structures, which is damaged, directly or indirectly by the Grantee.
9. The Grantee shall compensate the Grantor for any loss suffered by the Grantor or the Lessee resulting directly or indirectly 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 the Lessee, 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.
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/Easement Land, or do any other thing which would affect the ability of the Grantor or the Lessee to use the Grantor's Land.
12. The Grantee shall comply at all times with all statutes, regulations, by-laws, codes of practice placing all obligations on the Grantee and the Grantee covenants to 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, pests, disease and contaminants resulting from the Grantee's exercise or attempted exercise of its rights under this Deed.
14. The Grantee will at all times keep the Easement Land clear of vegetation considered in the reasonable opinion of the Grantee and/or the Grantor to be a danger or hazard to the safety and operation of the Infrastructure.
15. The Grantee shall Maintain the Infrastructure the Grantee Constructed or placed on the Easement Land in good working order and condition and will prevent the Infrastructure from falling into disrepair or from becoming a danger or hazard. Furthermore, the Grantee shall not allow or permit the Infrastructure to become obsolete or redundant.
16. 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 the following in order to ensure that at all times, each of the parties referred to is complying with its duties under the HSW Act:
    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.
17. 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.
18. 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.
19. The proposed structures should be a recessive colour which blends in with the surrounding environment to reduce the visibility of the tower and its associated equipment when viewed from SH8.
20. All machinery used during construction and maintenance is to be thoroughly cleaned and free of weeds before coming on site.
21. All equipment is to be constructed to design specifications to protect the New Zealand falcon from being electrocuted.
22. 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.  

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.