Notice Type
Land Notices
Acquiring Easements Over Land at Puhi Peaks for Access and Electricity to a High Frequency Radio Station Pursuant to sections 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of lands, the Regional Solicitor, Department of Survey and Land Information, Christchurch, declares that, an agreement having been entered into, that the easements described in the First Schedule, are hereby acquired over the land in the Second and Third Schedules in favour of the land in the Fourth Schedule and the easements shall vest in the Crown in perpetuity on the date of publication of this declaration in the New Zealand Gazette, subject to the terms and conditions set out in the Fifth Schedule. First Schedule Marlborough Land District Marlborough District Nature Marked On Right of way in and right to convey electric power A S.O. 7205 Second Schedule Marlborough Land District Marlborough District 1262.3909 hectares, being part Small Grazing Run 105A and being all the land in renewable lease 48/264. Third Schedule Marlborough Land District Marlborough District 1262.3909 hectares, being Small Grazing Run 105A and being all the land in fee simple title 5A/1209. Fourth Schedule Marlborough Land District Marlborough District 2283 square metres, being part Small Grazing Run 105A and being all the land in fee simple certificate of title 4D/1383. Fifth Schedule 1. The Crown shall at its cost 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 and shall keep any gates across the track required for normal farming operations closed. 2. 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 and Third Schedules hereto, on the rights and conditions as hereinafter set forth. (a) The full, free, interrupted 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 constructing, operating, servicing, preparing or improving the microwave station and access to it. (b) The Crown shall at its cost construct, improve 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. (c) That the said road maintenance provision shall only inure while NZ Post Office or their successor has a requirement for use of the microwave radio site. (d) The Crown shall be responsible for noxious weed control on the line of the said easement. (e) The access track over the easement is to be used by the Crown solely for post office purpose and no person, other than the owner, his agents, workmen or contractors, shall have a right of access over the access track except personnel under post office authority or its successor in title. (f) The registered proprietor of the land in the Second Schedule agrees not to grant or assign rights of use of the access track over the easement to any third party without the consent of the Crown, such consent not to be unreasonably withheld provided however, that the owner, his workmen, or contractors may use the track for carrying out normal farming operations. (g) The registered proprietor of the land in the Second and Third Schedules shall not be responsible for any maintenance on the said track except for any damage caused by the use of the track by him, his agents, workmen or contractors. (h) The Crown shall not take dogs, livestock or firearms over the access track and that no hoardings or notice boards shall be erected on the access track without the permission of the registered proprietor of the land in the Second Schedule in writing provided however that such permission shall not be arbitrarily or unreasonably withheld. (i) The registered proprietor of the land in the Second Schedule shall have the right to graze, free of charge, all of the land described in the First Schedule except those areas fenced off immediately around the radio building and tower. 3. 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. (a) The Crown shall have the right to lay cables or carry electric power lines and to convey electricity through those cables or lines on or over the approximate line of the existing track to the said post office microwave station''. 4. That the Crown hereby convenants with the owner that it will at all times indemnify and keep indemnified the owner against all actions, suits, proceedings, claims and demands that may be made or brought against the owner for or on account on in any manner whatsoever in connection with post office or their successor's use of the land described in the Fourth Schedule and the easement to it. Dated at Christchurch this 11th day of March 1997. R. J. MILNE, Regional Solicitor. (LINZ Ch. 40/7/259)1CL
Publication Date
20 Mar 1997

Notice Number

1997-ln1642

Page Number

654