Notice Type
Land Notices
Acquiring an Electricity Supply Easement and Cable Over Land in Waitakere City Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, declares that, an agreement to that effect having been entered into, an electricity cable easement over the land described in the First Schedule, containing the rights and powers set forth in the first and fifth paragraphs of the Seventh Schedule of the Land Transfer Act 1952 except that all references therein to ``water'' shall be read as ``electricity'' and all references therein to ``pipes'' to ``cable or cables'', and modified by the additional terms and conditions described in the Second Schedule, is acquired for defence purposes and shall vest in the Crown on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District 26 square metres, being part Lot 46, D.P. 8224; shown marked ``I'' on S.O. Plan 63747, lodged in the office of the Chief Surveyor at Auckland (hereinafter called ``the easement''). Second Schedule North Auckland Land District Additional Terms and Conditions 1. Anthony Charles Forrester, technician of Auckland and Ann Beatrice Forrester, his wife (hereinafter, together with their executors, administrators and assigns referred as ``the owners''), being the registered proprietors of an estate in fee simple of the land described as Lot 46, D.P. 8224, all certificate of title 385/156, North Auckland Land Registry, are the grantors and Her Majesty the Queen (hereinafter, together with her heirs, successors, officers and assigns, called ``the Crown'') is the grantee of the easement herein acquired for defence purposes. 2. That the owners shall not disturb the soil of the easement below a depth of 0.3 metres without the written consent of the Crown. Such consent shall not be unreasonably withheld, but may be given subject to reasonable conditions including the power to revoke such consent without compensation. 3. That the owners shall not place any buildings, structures or permanent improvements of any nature on or over the said easement and will not at any time do, permit or suffer any act whereby the powers, rights, licences and liberties hereby granted to the Crown may be interfered with or affected or damaged in any way. 4. That the boundaries of the easement shall not be fenced. 5. That the Crown shall have the right to erect and maintain on the easement such fixtures as may be necessary to indicate the location of the said cable. 6. That the Crown may grant any licence or right in respect of any estate or interest acquired by these presents which are not inconsistent with the terms hereof and may assign any such estate or interest. 7. That the Crown will at all times repair and maintain the said cable and associated works as may be constructed or laid through, along or under the said easement in pursuance of these presents in a good and efficient state of repair for the purposes for which the same are designed and will prevent the same from becoming a nuisance. 8. That nothing herein contained or implied shall be deemed to compel the Crown to utilise the said cable and the Crown may from time to time or at any time discontinue the use of the same at will. 9. These presents shall be subject to the rights, powers and obligations in respect of registered easements in Part IX of the Property Law Act 1952. 10. The Crown may at its sole discretion fully or partially surrender these presents by memorandum of transfer or by notice published in the New Zealand Gazette pursuant to section 42 (4) of the Public Works Act 1981, except that the option to publish a notice in the New Zealand Gazette shall not enure for any grantee from time to time or assignee of the Crown, other than the Crown. Dated at Auckland this 8th day of August 1995. G. A. DAWSON, Manager, Lands and Property. (DOSLI Ak. R.O. 8/79/0/7)1CL
Publication Date
17 Aug 1995

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