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Easements, Encumbrances & Agreements

General

Attached for use by solicitors are Northpowers legal documents intended for E-dealing.

Northpower Electricity and Telecommunications Easement
Northpower and WLFC Electricity and Telecommunications Easement
Northpower Easement Surrender
Northpower No Supply Encumbrance
Northpower 30 Day Encumbrance
Northpower Discharge of Encumbrance

The documents are generally prepared by the client’s solicitor.

A private corporate client authority and instruction for an electronic transaction (A & I)
form is to be signed by Northpower’s attorney with signatory identification.

Northpower’s and WLFC’s attorney is Bruno Petersen. A certificate of non revocation of power of attorney will be provided when A & I form is signed.

Please refer to our 2J file no (if unknown use surveyors reference) and/or the address of the property in any correspondence with this office.

Please provide a copy of the Deposited Plan with the legal documents.

Easements

Electricity and Telecommunications Easements in Gross in favour of Northpower are required for network owned reticulation in private property.

Easements within the Whangarei City fibre coverage area should be in favour of Northpower and Whangarei Local Fibre Company (WLFC).

Northpower and WLFC Electricity and Telecommunications Easement

Easements outside the Whangarei City fibre coverage area should be in favour of Northpower only.

Northpower Electricity and Telecommunications Easement

Refer to the fibre coverage area map http://northpowerfibre.co.nz/coverage

The easement documents for easements in gross include the following:

A private corporate client authority and instruction for an electronic transaction (A & I)
An easement instrument form
Northpowers annexure schedule

The A & I and instrument forms are to be completed with the required details including details of the easement in schedule A. “Shown” should detail the easement references and DP number it is shown on. The “servient tenement” should detail the lot and DP numbers of the property on which the easement is to be registered.

After registration of the Easements please provide copies of the appropriate Certificates of Title for our records (scanned or faxed copies are satisfactory and deposited plans are not required).

Please note that following the Electricity Amendment Act 2001 all Electricity Easements for new Northpower owned reticulation are to be made in gross.

Northpower easement documents include provision for telecommunications.
This is required to secure telecommunications signals (ripple control) which are currently transmitted over the electricity reticulation to control water heating during peak load times, night rate supply and streetlights. It is also intended to secure fibre optic telecommunications which is being installed in some areas by Northpower.

Easements shown on the deposited plan as a Memorandum are mandatory on registration of a subdivision. Any easements shown as proposed are not mandatory and an undertaking to register from the client’s solicitor will be required to enable a resource consent clearance to be provided for the subdivision.

Easements for privately owned reticulation should be made in favour of the owner. The standard rights and powers provided in Schedule 4 of the Land Transfer Regulations 2002 will be satisfactory and Northpower's annexure schedule will not be required.

Easements including Buildings

A separate document is available when required for easements that include areas within buildings for transformers and other equipment.

Easement Surrender

Easements may be surrendered when they are no longer required.

The easement surrender documents for easements in gross include the following:

A private corporate client authority and instruction for an electronic transaction (A & I)
An easement instrument to surrender easement

Northpower Easement Surrender

The A & I and instrument forms are to be completed with the required details including details of the easement in schedule A

An easement in favour of a property (rather than in gross) will require an A & I with an easement instrument to surrender easement signed by the landowners and also a letter from Northpower, quoting details of the easement, consenting to the surrender.

Encumbrances

Northpower has two forms of Encumbrance that are to be used when an electricity supply has not been provided to a lot in a subdivision.

No Supply Encumbrance: This is intended to make any prospective purchaser of the land aware that an adequate electricity supply is not currently available by the boundary.

Northpower No Supply Encumbrance

Note that the no supply encumbrance is intended for rural lots where there are no current requirements for an electricity supply. An electricity supply can be provided when required at the purchasers cost.

30 Day Encumbrance:  The land owner (subdivider) is required to provide an electricity supply within one month of the date of settlement of a transfer of the land.

Northpower 30 Day Encumbrance

Note that a 30 day encumbrance is intended for lots where an electricity supply will be required but due to financial constraints it is desirable to delay the installation till after the lot is sold. This enables the owner to use the proceeds of the sale to pay for the installation of the electricity reticulation.

When an encumbrance is required for a subdivision please provide an undertaking to register the encumbrance (quoting lot and DP no's) to enable a resource consent clearance to be provided.

The encumbrance documents include the following:

A private corporate client authority and instruction for an electronic transaction (A & I)
Northpowers memorandum of encumbrance (30 day or no supply)

The A & I form is to be completed with the required details.

The memorandum of encumbrance is to include the name of the landowner and details of the property (lot, DP and CT numbers) in the schedule.

The 30 day encumbrance will also require an estimate of the cost of providing an electricity supply to be included in paragraph 2. An estimate can obtained from our contracting division.

The encumbrance may be completed as an instrument if required. The A & I form should then be used in conjunction with an encumbrance instrument with the encumbrance document as an annexure schedule.

Encumbrance Discharge

The encumbrance may be discharged once satisfactory arrangements have been made to provide an electricity supply.

For an encumbrance completed by e-dealing a letter consenting to the discharge quoting the encumbrance and property details will be required from Northpower.

For an encumbrance completed by manual dealing an A & I form for a discharge of encumbrance quoting the encumbrance and property details will be required.

Northpower Discharge of Encumbrance

Consents

Consent will be required if an additional document is to be registered or an existing document is to be changed, on a title subject to an encumbrance. A letter consenting to the registration can be provided when required by Northpower.

Electricity Agreements

Electricity agreements are no longer required and may be discharged.

To discharge an electricity agreement an A & I form for a discharge of electricity agreement quoting the agreement and property details is required. This is the same format as the discharge of encumbrance which can be amended to suit.

Paper Transactions

Northpower has legal documents available suitable for manual or paper transactions if required.

Northpower’s Service Area

Northpowers service area covers approximately the Whangarei District Council and Kaipara District Council areas. The area extends from Mangawhai and Topuni in the south to Waipoua, Pipiwai, Hukerenui and Ngaiotonga in the north.

Northpower Contact Details

Should you have any queries or require legal documents to be signed please contact Robert Meyst or Martina Seifarth at our Whangarei Office.

Network Planning Phone Contact

Robert Meyst: 09 430 1819
Martina Seifarth: 09 430 1784

 

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