Northpower safe, reliable, hassle free service.

Easements, Encumbrances & Agreements

The following Northpower legal documents are intended for use by solicitors when e-dealing.

Electricity and Telecommunications Easement
Easement Surrender
No Supply Encumbrance 
30 Day 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.

Northpowers attorney is Bruno Petersen, Chief Financial Officer. 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.

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 
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 (deposited plans 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.

The easement document may be amended to allow the construction of roads or driveways. This may only be done where the easement is over a right of way or access lot and any underground reticulation under the road or driveway is installed in a duct. The easement document can then be amended by deleting paragraph 5.1.2.

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 easeents 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 

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: The owner of the land is to make any prospective purchaser of the land aware that no electricity supply has been made available to the land.

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 owner of the land to meet the full costs of providing an electricity supply within one month of the date of settlement of a transfer of the land.

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 details of the property 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. A letter consenting to the discharge and quoting the encumbrance and property details will be required from Northpower.

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. A letter consenting to the discharge can be provided when required by Northpower.

Paper Transactions

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

 

Back to Top