Notice Type
Land Notices
Easement Acquired for Police, Public Safety and Emergency Services Purposes Umukuri, Gisborne District Pursuant to section 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Kerry John Twydle, Land Information New Zealand, declares that, 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) for a fixed term of 20 years from the 25th day of July 1999 (called ``the commencement date'') for the sum of $500.00 per annum (plus G.S.T. if any), is acquired over the land owned by the proprietors of Tokomaru K5B Block (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 B1 Block (part C.T. 5C/236), marked ``E'' on S.O. Plan 8562. Second Schedule Terms and Conditions (1) Access to the land in terms of the easement shall be given to the Crown from the 26th July 1999 (called ``settlement date'') (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 or transmitter site. (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 the 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 the 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 of the Land Transfer Act 1952 shall apply to the easement granted herein. Rent Review (10) The rental shall be reviewed on a 4-yearly basis from the commencement date as defined in the recital to this gazette notice (each fourth anniversary of the commencement date being referred to as ``the review date'') and shall be adjusted by the same percentage change as with any increase or decrease in the aggregate consumer price index (all groups 25 centres) as published by the Department of Statistics for the period from the 31st day of December immediately preceding the date of the last review date or the commencement date of the easement (as the case may be) to the 31st day of December immediately preceding the review date under consideration. Any rental reviewed shall in no case be below that payable from the commencement date of this agreement. Dated at Wellington this 27th day of September 1999. K. J. TWYDLE, For Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control. (LINZ CPC 99/3751/A)1CL
Publication Date
30 Sep 1999

Notice Number

1999-ln7188

Page Number

3314