Notice Type
Land Notices
Acquiring Easements in Gross Over Land at Heywards Road, Clarkville for an Instrument Landing System Marker 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, Land Information New Zealand, Christchurch, declares that, agreements to that effect having been entered into, the easement being a right to transmit telecommunications in gross in perpetuity described in the First Schedule hereto, is hereby acquired over the land described in the Second Schedule hereto, a right of way easement in gross in perpetuity and a right to convey electric power and telephonic communications in gross in perpetuity described in the Third Schedule is acquired over the land described in the Fourth Schedule hereto, together with the restrictive covenants contained in the Fifth Schedule hereto, attaching to the land described in the Sixth Schedule hereto and the benefit of which applies to all the land contained in certificate of title 35B/852 and that such easements shall vest in the Crown on the date of publication of this declaration in the New Zealand Gazette. First Schedule Canterbury Land District Waimakariri District Description of Easement 1. The full right of the Crown to erect and transmit telecommunications for an instrument landing system marker on the land described in the Second Schedule hereto 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 instrument landing system marker provided that any damage to the surface of the land will be repaired by the Crown and the surface of the instrument landing system marker 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. 2. Provided that the Crown has the right to fence the instrument landing system marker area with a stockproof fence. Second Schedule Canterbury Land District Waimakariri District All that parcel of land being Lot 8, Deposited Plan 26976; shown marked ``K'' on Deposited Plan 73424. Third Schedule Canterbury Land District Waimakariri District Description of Easement 1. 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 Fourth Schedule hereto on the rights and conditions as herein after set forth: The full, free, uninterrupted and unrestricted right, liberty and privilege for the Crown and its invitees, agents and servants to enter on or over the land described in the Fourth Schedule hereto, with or without vehicles by day or by night for the purpose of obtaining physical access to the land described in the Second Schedule thereto, Provided That the Crown will maintain and improve the said easement area from time to time so as to provide access for motor vehicles, however the Crown shall not be obliged to do so for the owner's use of the easement area. 2. The full right of the Crown to convey electric power 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 electric power shall be the same as applies to the right to convey water save that ``cables'' shall be substituted for ``pipes'' and ``electric power'' for ``water'' wherever the words appear in the Seventh Schedule of the Land Transfer Act 1952. 3. The full right of the Crown to convey telephonic communications 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 telephonic communications shall be the same as applies to the rights to convey water save that ``cables'' shall be substituted for ``pipes'' and ``telephonic communications'' for ``water'' wherever the words appear in the Seventh Schedule of the Land Transfer Act 1952. Fourth Schedule Canterbury Land District Waimakariri District 1. All those parcels of land being part Lot 3, Deposited Plan 26976; shown marked ``B'' and ``D'' on Deposited Plan 73424; and 2. All those parcels of land being part Lot 4, Deposited Plan 26976; shown marked ``A'' and ``C'' on Deposited Plan 73424. Fifth Schedule Canterbury Land District Waimakariri District The proprietors of the land described in the Sixth Schedule hereto have agreed not to erect any building, pole, mast or other structure or to plant any tree within a radius of 18.29 metres of the centre of the said instrument landing system marker area described in the Second Schedule hereto without the prior consent of the Crown. The proprietors of the land described in the Sixth Schedule hereto have agreed that the Crown may remove any existing trees if such trees prove detrimental to the operation of the said instrument landing system marker within a radius of 18.29 metres of the centre of the said instrument landing system marker area described in the Second Schedule hereto. Sixth Schedule Canterbury Land District Waimakariri District All that parcel of land being part Lot 2, Deposited Plan 26976; shown marked ``J'' on Deposited Plan 73424. All those parcels of land being part Lot 3, Deposited Plan 26976; shown marked ``D'', ``H'', ``I'' and ``L'' on Deposited Plan 73424. All those parcels of land being part Lot 4, Deposited Plan 26976; shown marked ``C'', ``F'' and ``G'' on Deposited Plan 73424. All that parcel of land being part Lot 5, Deposited Plan 26976; shown marked ``E'' on Deposited Plan 73424. All that parcel of land being part Lot 8, Deposited Plan 26976; shown marked ``K'' on Deposited Plan 73424. Dated at Christchurch this 20th day of May 1997. R. J. MILNE, Regional Solicitor. (LINZ Ch. 8225-11)1CL
Publication Date
29 May 1997

Notice Number

1997-ln3375

Page Number

1272