Notice Type
Land Notices
Easement Acquired for Police, Public Safety and Emergency Services Purposes Umukuri, Gisborne District Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right of way easement in gross (in common with the owner and any other lawful users) in perpetuity from the 17th day of July 1999 (called ``the commencement date'') for the sum of $2,000.00 plus G.S.T., is acquired over the land owned by William Stavers Busby (called ``the owner'') described in the First Schedule to this notice upon the terms described in the Second Schedule to this notice and is vested in the Crown (called ``the Crown'') for communications for police, public safety and emergency services purposes. Gisborne Land District Gisborne District Council First Schedule Servient Tenement Part Tokomaru B2 Block (part C.T. 4D/1454); marked ``A'' on S.O. Plan 8562. Part Lot 1, D.P. 1380 (part C.T. 1D/913); marked ``B'' on S.O. Plan 8562. Part Tokomaru B4A Block (part C.T. 6B/798); marked ``C'' and ``D'' on S.O. Plan 8562. Second Schedule Terms and Conditions 1. Settlement shall be not later than 1 month from the date of execution of this agreement by both parties, on which date access to the land in terms of the easement shall be given to the Crown. 2. The Crown shall acquire title to the easement by a declaration under the Public Works Act 1981 but pending the issue of the declaration may register a compensation certificate against the titles to the land. 3. The Crown shall keep the owner indemnified against all claims, expenses and costs relating to loss or damage to stock or property arising out of the use of the right of way granted herein. 4. The Crown shall not be required or empowered to fence the boundaries of the right of way. 5. The owner may fence across the right of way but in doing so shall erect within each such fence a farm gate which will permit the exercise of the rights hereby acquired. 6. The owner shall not be responsible for the maintenance of the right of way. The Crown undertakes responsibility for maintenance of the right of way, in conjunction with any other authorised users of the track, to a standard sufficient for the purpose of exercising the rights contained in this agreement. 7. The Crown shall close all gates opened for the purpose of access and when using or maintaining the right of way take all reasonable steps to minimise the disturbance of stock on the owner's land. 8. The easement may be surrendered by Crown at any time prior to its expiry by notice published in the New Zealand Gazette. 9. Except as modified herein the terms relating to rights of way set out in the Seventh Schedule Land Transfer Act 1952 shall apply to the easement granted herein. Dated at Wellington this 23rd day of September 1999. R. A. JOLLY, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control. (LINZ CPC/98/2251/A)1CL
Publication Date
30 Sep 1999

Notice Number

1999-ln7116

Page Number

3313