Resource Management (Forms, Fees, and Procedure) Regulations 2003

Form 32 Easement for access strip

Section 237B, Resource Management Act 1991

Background

[Full name, address, and occupation of land owner] (the Grantor) is registered as proprietor of the land described in Schedule A (the land).

[Name of local authority] (the Grantee) is a local authority (within the meaning of the Local Government Act 2002) in whose district the land is located.

Grant of easement for access strip
1

The Grantor grants to the Grantee an easement for an access strip.

2

The easement confers the right for any person, at any time, to pass and repass over and along the land, for the purpose of giving an access strip described in Schedule B (the strip) to [give full description of the existing reserve or strip, river, lake, or part of the coast on or adjoining the land to which the easement is allowing access] on the following terms.

Covenants
3

The Grantor and Grantee covenant as follows:

[state covenants].

4

The following acts are prohibited on the land:

(a)

wilfully endangering, disturbing, or annoying a lawful user of the strip (including the owner or occupier of the strip):

(b)

wilfully damaging or interfering with a structure adjoining or on the land (including a building, fence, gate, stile, marker, bridge, or notice):

(c)

wilfully interfering with or disturbing livestock lawfully permitted on the strip.

5

The prohibitions in clause 4(b) and (c) do not apply to the owner or occupier of the strip or to employees or agents authorised by the owner or occupier.

6

The following acts* are also prohibited on the land over which the strip has been created:

(a)

lighting a fire:

(b)

carrying a firearm:

(c)

discharging or shooting a firearm:

(d)

camping:

(e)

taking an animal on to, or having charge of an animal on, the land:

(f)

taking a vehicle on to, or driving or having charge or control of a vehicle on, the land (whether the vehicle is motorised or not):

(g)

wilfully damaging or removing a plant (unless acting in accordance with the Biosecurity Act 1993):

(h)

laying poison or setting a snare or trap (unless acting in accordance with the Biosecurity Act 1993).

*Acts may be deleted or modified (eg, there may be distinctions between users of the strip). If they are modified, insert them instead in clause 7.
*7

The following other restrictions apply to the strip:

[state any other restrictions agreed to, including any modifications of the acts described in clause 6].

*Delete if clause does not apply.
*8

The following fencing requirements apply to the strip:

[include gates and stiles and the repositioning or removal of existing fences].

*Delete if clause does not apply.
*9

The responsibilities for the fencing requirements (including the costs) are borne as follows:

[state whether borne equally by Grantor and Grantee or otherwise].

*Delete if clause does not apply.
*10

The strip may be closed to public access at the following times for the following purposes:

[give details].

*Delete if clause does not apply.
*11

Responsibility for notifying the public that the strip is closed to public access at those times is as follows (notification will be given by erecting signs at all entry points to the strip and by any of the following agreed means):

[give details].

*Delete if clause does not apply.

.
Signed by Grantor in the presence of—
[signature, occupation, and
address of witness]
Executed by Grantee by common
seal or by 2 officers, as provided
by the territorial authority’s rules

.
Date

Schedule A

[Give a full description of the land owned by the Grantor over which the strip applies, including the portion of the land affected by the easement, by reference to the plan defining it, the lot and deposited plan, record of title reference(s), and any encumbrances.]

Schedule B

[State the width in metres of the easement and refer to plan (if any) depicting the easement annexed to this instrument or deposited with the Registrar-General of Land.]

Schedule 1 form 32: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).