An easement gives us the right to put our equipment on someone else’s land.
The equipment remains our property and we’re responsible for maintaining it. An easement also gives us the right to access property when we need to inspect or maintain the equipment. You’re responsible for staying clear of the equipment, and if you damage it you’ll need to pay to repair or replace it.
An easement is registered on the land title, so it stays in place even if the land is sold. (If you already have Powerco assets on your property you can learn more here.)
An overview of our easement terms
We will
- Have the right to install, operate, inspect, maintain and upgrade our equipment
- Give notice before accessing your property, except in emergencies
- Cause as little disturbance as possible
- Repair any damage we cause
- Access the equipment by agreed routes
You will
- not allow trees or vegetation (other than grass) to grow in the easement area
- not build new structures (such as buildings, sheds, fences) within the easement area
- not disturb the soil beneath the easement area
- not do anything to damage our equipment or reduce the minimum clearances for the equipment Learn more about building near lines
- not restrict access to our equipment
- pay to repair or replace our equipment if you damage it
You’ll find an example of an ownership notice and an easement agreement at the top of this page. Along with these, we’ll provide you with an easement plan which indicates where the assets will go on your property (indicative because once the assets are installed, their actual location will be surveyed).
Supporting documents
The easement process explained
Here’s what you can expect when we need an easement on your land (and how you in turn work with your neighbours if they’re affected).
You’ll need to engage a lawyer and a surveyor as part of the easement process. You’ll also be responsible for working with your affected neighbours and paying their legal and surveyance costs.
View our process below, or click here for a PDF.
Before works starts
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Step 1
You’ll get an ownership notice about Powerco assets on your land and an easement form.
You need to:
- Keep the ownership notice for your records.
- Fill in the easement form.
- Return the easement form to easements@powerco.co.nz
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Step 2
If our assets will be on neighbouring land, you’ll also get an ownership notice and easement form for your neighbour(s).
You need to:
- Tell your neighbour(s) about the electrical works you have planned.
- Give the ownership notice and easement form to your neighbour(s). Ask them to fill in the easement form.
- Return the easement form completed by your neighbour(s) to easements@powerco.co.nz
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Step 3
Once your Powerco-approved contractor tells us you’ve accepted their quote for the electrical works, we’ll prepare the easement agreement(s).
You need to:
- Wait to get the easement agreement(s) from us. It usually takes us 10 working days from when you accept your contractor’s quote.
- Once you get the easement agreement for your land, ask your lawyer to review it if you want to.
- If you get an easement agreement for your neighbour’s land, give it to them. Tell them they can ask their lawyer to review it if they want to.
- It’s up to you to pay your own legal fees as well as your neighbour’s legal fees.
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Step 4
It’s time to get the easement agreement(s) signed and returned.
You need to:
- Sign the easement agreement for your land.
- If you got an easement agreement for your neighbour’s land, get your neighbour(s) to sign it.
- Send the signed easement agreement(s) to easements@powerco.co.nz
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Step 5
Works start
Talk to your chosen Powerco-approved contractor if you have any questions about the electrical works e.g., start date, completion date, payment terms.
Once works are completed
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Step 1
Once the works are finished, all areas of land with our assets on them need to be surveyed.
You need to:
Get your surveyor to survey our assets on your land.
If your neighbour(s) signed an easement agreement, get your surveyor to survey our assets on your neighbour’s land too.
Pay your surveyor’s fees for all the survey work.
Get your surveyor to send the survey plan to us. -
Step 2
We’ll check the survey plan and ask your surveyor to confirm that all our assets are covered.
Talk to your surveyor if you have any questions about this part of the process.
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Step 3
A caveat will be put on your land title. If your neighbour(s) signed an easement agreement, a caveat will be put on their land title too.
If you want to you can tell your neighbour(s) about the caveat and let them know it’ll be removed when the easement is registered. -
Step 4
Completion certificate issued
Registering the easement
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Step 1
It’s time to get the documents ready to put the easement on your land title.
You need to:
- Get your lawyer to send us the easement form and LINZ authority and instruction form.
- Pay your own legal fees and easement registration costs.
- Pay your neighbour’s legal fees and easement registration costs if an easement is going to be put on their land title.
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Step 2
The easement will be registered on the land title(s) and at the same time the caveat(s) will be removed
Talk to your lawyer if you have any questions about this part of the process. -
Step 3
Caveat removed and easement registered
It’s so important to be safe around our assets on your land. Check out the health and safety info here.
Easements
If a Powerco-approved contractor is going to install our equipment on (or near) your property, you’ll get an ownership notice. The ownership notice:
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tells you about the type of electrical works being arranged
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lists the Powerco equipment that will be installed on or near your land
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may have a list of electrical equipment on your land that we don’t own
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sets out your responsibilities for the Powerco equipment on your land. For instance, you’ll need to make sure equipment is accessible to us at all times so we can maintain it and make sure equipment is not removed, damaged or interfered with.
If your neighbour is asking you to give us an easement it’s usually because we need Powerco equipment to cross your property so we can supply your neighbour’s house with electricity.
An easement is a legal right for one person to use another person’s property.
It gives us the right to install, operate, inspect, maintain and upgrade our equipment on property we don’t own. Easements are registered on the land title so we have the same rights even if the property is sold.
Often our equipment will cross more than one person’s property – that’s how we get electricity from A to B. When this happens, there’ll be more than one landowner who we need an easement from.
If there’s an easement for the Powerco equipment, it’s likely you can’t move or remove the equipment unless we agree.
If there’s no easement because the Powerco equipment was constructed before 1 January 1993, the Electricity Act applies. It allows owners and occupiers of private property to have works removed or relocated as long as they pay all costs.
There are a few things to consider before any removal or relocations can go ahead:
- You’ll need to pay all removal and relocation costs.
- The removal or relocation has to be done by a Powerco-approved contractor.
- Is there another suitable location for the equipment to go?
- Will the removal or relocation affect the supply of electricity to any other customers?
- Will an easement be required for the new location?
You can find out more about relocating existing assets here.
Yes. There will either be an easement on your land, or the equipment is allowed to be there under the Electricity Act.
We use easements when we’re putting equipment (such as poles or transformers) on property we don’t own. Easements are registered on land titles, so they remain in place when ownership of land changes hands.
Some older Powerco equipment (constructed before 1 January 1993) won’t have an easement. That’s because they’re ‘existing works’ under the Electricity Act. Powerco can access and maintain ‘existing works’ under the Electricity Act.