Notice Type
Land Notices
Acquiring Easements in Gross over land at Horsely Downs for a High Frequency Radio Station Pursuant to section 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Christchurch, declares that agreements having been entered into, that the easements in gross described in the First Schedule, are hereby acquired over the land in the Second Schedule and the easements shall vest in the Crown, on the date of publication of this declaration in the New Zealand Gazette for the period of fifty (50) years from the 17th day of August 1978, with one right of renewal for a further term of fifty (50) years, subject to the terms and conditions set out in the Third Schedule. First Schedule Nature Marked On Right to transmit and receive telephonic communica- tions in gross A D.P. 66089 Right of Way in gross C, E and G D.P. 66089 Right of Way to Right to Convey electric power and telephonic communica- tions in gross B, D and F D.P. 66089 Right to Convey electric power and telephonic communications in gross H, I, J and K D.P. 66089 Second Schedule 193.5889 hectares being Section 20, Horsley Downs Settlement and being part of the land in certificate of title 29K/899 Canterbury District. Third Schedule 1. The Crown shall restore and make good any damage or injury caused to any part of the said land or to animals, trees or improvements thereon arising from the exercise of the rights hereby granted. 2. The full free right of the Crown to erect, operate, occupy and maintain for his exclusive use buildings to accommodate the shelter a telecommunications transmitter and masts with aerials and associated equipment and underground cables and for the Crown its invitees and servants to enter on or over the said land for the purpose of operating, servicing and repairing the transmitter provided that any damage to the surface of the land will be repaired by the Crown and the surface of the transmitter area will be restored as nearly as possible to the condition and state in which it was immediately prior to its disturbance by the Crown. 3. May erect barrier fences, gates and noticeboards on the proposed site for the purpose of protecting any building, mast, cable, track and associated equipment from damage by persons with or without vehicle or by animals and for the purpose of informing or advising people who may be on the land PROVIDED ALWAYS that this power shall not be exercised without the prior consent of the Registered Proprietor of the land in the Second Schedule. 4. The full right of the Crown to a right of way easement conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952, over the land described in the Second Schedule hereto, on the rights and conditions as hereinafter set forth. (a) The full, free, uninterrupted and restricted right, liberty and privilege for the Crown and its invitees, agents and servants to enter on or over the land described in the Second Schedule hereto, with or without vehicles, by day or by night, for the purpose of obtaining physical access to the land described in the First Schedule thereto, provided that. (b) The Crown shall construct and maintain the easement area to provide access for vehicles. The Registered Proprietor of the land in the Second Schedule shall also have the use of the said Right of Way should he so desire. 5. The full right of the Crown to convey electricity conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952, provided that the rights and powers attaching to the right to convey electricity shall be the same as applies to the right to convey water save that ``cables'' shall be substituted for ``pipes'' and ``electricity'' for ``water'' wherever the words appear in the Seventh Schedule of the Land Transfer Act 1952. 6. The full right of the Crown to convey telecommunications conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952, provided that the rights and powers attaching to the right to convey telecommunications shall be the same as applies to the rights to convey water save that ``cables'' shall be substituted for ``pipes'' and ``telecommunications'' for ``water'' wherever the words appear in the Seventh Schedule of the Land Transfer Act 1952. 7. At the expiration or sooner termination of the easements, the Crown shall be entitled to remove any instruments, markers or fences or other items placed on the land in accordance with the rights hereby granted and shall, if so required, remove the same within a reasonable time. Dated at Christchurch this 28th day of October 1994. R. J. MILNE, District Solicitor. (DOSLI (40-7-259)1CL
Publication Date
10 Nov 1994

Notice Number

1994-ln8075

Page Number

3506