Notice Type
Land Notices
Right of Way Easement Acquired for Police Purposes in Otorohanga District Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Regional Solicitor, Department of Survey and Land Information, Napier, declares that, an agreement to that effect having been entered into, the easement described in the Second Schedule hereto, is acquired as an easement in gross over those parts of the land described in the First Schedule as are specified in the Second Schedule and shall vest in the Crown (called the grantee) for police and public safety communication purposes on the date of publication in the New Zealand Gazette. Such easement may be surrendered at any time by notice published in the New Zealand Gazette. First Schedule South Auckland Land District Area ha Being 218.2747 Part Lot 1A, D.P. 7677, comprised in C.T. 29C/858. 64.1679 Part Lot 1, D.P. S. 16679, comprised in C.T. 18A/419. 217.8347 Part Section 1, Block IV, Pakaumanu Survey District, comprised in C.T. 1474/18. Second Schedule A right of way over the land coloured blue and yellow on D.P. S. 16679, held in the office of the Chief Surveyor at Hamilton. Terms and conditions included in the easement: 1. The easement rights shall apply for a fixed term of 15 years and unless surrendered beforehand shall expire on the fifteenth anniversary of the date of publication in the New Zealand Gazette. 2. If the grantee shall during the term of the easement comply with the terms and conditions of the easement and shall give notice in writing to the registered proprietor at lease 6 months before the termination of the easement of the grantee's desire to renew its easement rights then the registered proprietor shall agree at the cost and expense of the grantee to grant a new right of way easement over the land subject to the easement for a further period of 15 years from the date of expiry of the first 15 year term on the same terms and conditions as are set out in this easement except that there shall be no further right to a renewed easement on expiry of such second 15 year term and the consideration payable shall be such figure as may be mutually agreed between the registered proprietor and the grantee or failing such agreement such figure as may be determined by a registered public valuer appointed by the owner as the current market value for the easement. 3. The use of the right of way shall be subject to the prior approval of the registered proprietor for the time being of the land where such rights are not exercised by police or other emergency services personnel. 4. The grantee shall keep the owner indemnified against all claims, expenses and costs relating to loss or damage of stock or property arising out of the use of the right of way granted herein by vehicles or personnel under the direction of the grantee. 5. The grantee shall be entitled to enter into maintenance agreements with any other authorised users of the right of way however notwithstanding any such agreement the grantee agrees as between the registered proprietor and the grantee to ensure that the right of way is maintained to a good quality 4-wheel drive standard. In addition the grantee may at the grantee's option either along or in conjunction with other authorised users maintain the right of way to a higher standard. 6. The grantee shall ensure that all gates open for the purposes of access are closed following access. 7. The grantee shall take all reasonable steps to minimise the disturbance of stock on the owner's land when using or maintaining the right of way. 8. Except as modified herein the terms relating to rights of way set out in the Seventh Schedule of the Land Transfer Act 1952, shall apply. Dated at Napier this 27th day of November 1995. P. H. GRAHAM, Regional Solicitor. (DOSLI Na. D.O. 5350-C/2040-21)1CL
Publication Date
7 Dec 1995

Notice Number

1995-ln7972

Page Number

4711