Land Act 1994

With the chief executive’s written approval, an easement may be created over land granted in trust or non-freehold land (including any lease of non-freehold land or sublease of a lease of non-freehold land), other than a road, by registering the document creating the easement in the appropriate register.

The document must state—

the nature of the easement and its terms; and

the land to be benefited, and the land to be burdened, by the easement.

However, it is not necessary to state the land benefited in a public utility easement that is not attached to, or used or enjoyed with, other land.

An easement may be limited wholly or partly in height or depth.

A public utility easement for water storage may be created only for water storage—

for a weir—on land upstream of the weir and within or outside the storage area at full supply level; or

for a dam—on land upstream of the barrier of the dam and outside the storage area at full supply level.

The document creating the easement must show the part of the land over which water may be stored.

In this section—full supply level, for a dam or weir, means the level of the dam’s or weir’s water surface when water storage is at maximum operating level without being affected by flood.