Easement decision - Telecommunications infrastructure - A7382885

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 infrastructure

35 years

The Commissioner of Crown Lands has determined that it would be appropriate to grant an easement in gross to Rural Connectivity Group Limited, for the purposes of providing a telecommunications facility site and access to the site, as shown on the plans attached.  The primary purpose of the installation is to extend the network and improve public safety in the Hurunui Lakes area, a popular public recreation area.  It will also improve localised communications. The wider telecommunications infrastructure programme, which is being undertaken in partnership with the New Zealand Government, will deliver more mobile and wireless broadband coverage to rural New Zealand.

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

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 or the Lessee’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) comply with all conditions that may be imposed from time to time by the Grantor or the Lessee 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.
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. Furthermore, no indigenous vegetation is to be removed from the Easement Land and the Grantee shall immediately notify the Grantor if any indigenous vegetation is damaged during Construction.
6. The Grantee shall only enter onto the Grantor's Land pursuant to this Deed and upon reasonable prior notice by helicopter and/or pedestrian access. Such notice shall be given to both the Grantor and the Lessee (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.
7. The Grantee shall, at its cost, repair to the satisfaction of the Grantor any part of the Grantor's Land, including tracks, fences, gates, drains, buildings or other structures, which are damaged, directly or indirectly by the Grantee.
8. 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.
9. 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.
10. 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 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.
11. 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.
12. 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.  Furthermore all machinery, equipment (including hand and mechanical tools) and materials intended to be used in the Construction and maintenance of the Infrastructure must be cleaned of plant matter and soil and free of weeds or seeds prior to entering the Grantor’s Land/Easement Land to avoid the introduction of pest species.
13. 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.
14. 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.
15. 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.

16. 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.
17. 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.
18. In the event of the discovery of kōiwi (human skeletal remains), taoka or artefact material, work must cease immediately, and the Grantee must advise Heritage New Zealand, Te Ao Marama and Te Rūnanga o Ngāi Tahu. The Grantee shall, in conjunction with Ngāi Tahu, arrange a site inspection by the appropriate tangata whenua and their advisers, including statutory authorities, who will determine whether the discovery is likely to be extensive and whether a thorough site investigation is required. Materials discovered will be handled and removed by iwi responsible for the tikanga appropriate to their removal or preservation.
19. In the event of an accidental discovery of any archaeological sites, features or material that is likely to predate 1900, work must cease immediately, and the Grantee must advise Heritage New Zealand, and if required make an application for an archaeological authority pursuant to the Heritage New Zealand Pouhere Taonga Act 2014.

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.