Western Bay of Plenty
Pursuant to the Public Works Act 1981, and to a delegation from the Minister of Lands, Stephen Robert Gilbert, Land Information New Zealand, declares that, an agreement to that effect having been entered into:
(a) Pursuant to section 20 (1), the land described in the First Schedule to this notice is acquired for broadcasting, telecommunications, radio communications and ancillary and associated purposes, and shall vest in Broadcast Communications Limited under its powers as an acquiring authority, pursuant to section 167 of the Resource Management Act 1991.
(b) Pursuant to Section 28, a right of way easement in gross is acquired over the land described in the Second Schedule, subject to the rights and powers contained in paragraph 1 of the Seventh Schedule of the Land Transfer Act 1952, and as modified by the terms and conditions contained in the Third Schedule to this notice.
South Auckland Land District-Western Bay of Plenty
First Schedule
Land to be Acquired
Area
m2 Being
5003 Section 1, S.O. Plan 61265 (formerly part Section 19, Block XVI, Otanewainuku Survey District).
Second Schedule
Easement to be Acquired
Area
ha Being
1.7140 Part Section 19, Block XVI, Otanewainuku Survey District; shown marked "A" on S.O. Plan 61265.
Third Schedule
Additional Terms and Conditions Relating to the Easement
1. Broadcast Communications Limited ("BCL") shall form and maintain the right of way, and shall bear all costs associated therewith.
2. The right of way shall include the right to lay and maintain and use utility pipes and cables (whether by aerial or underground cable) to the land in the First Schedule herein.
3. Neither party shall at any time in exercising the rights herein expressed or implied do or suffer any act or thing in such a way as to constitute or cause an annoyance or nuisance to the other or to any other person.
4. Any right of action or remedy which shall at any time accrue because of any breach or non-observance of any covenant expressed or implied and on the part of the grantors to be observed shall be enforced only against the registered proprietor(s), for the time being of the land contained in certificate of title 55A/955 (the servient land) at the time of such breach or non-observance.
5. The right of way shall be used only as often as may be necessary for matters reasonably incidental to the use of
the land in the First Schedule herein as a broadcasting and telecommunications site.
6. If Broadcast Communications Limited ("BCL") intends to dispose of its interests in the land in the First Schedule, the registered proprietors of the land contained in certificate of title 55A/955 (the servient land) shall be given the first option of purchasing same at current market valuation. Such option shall be exercised within 6 weeks of Broadcast Communications Limited ("BCL") advising the registered proprietors of its intention to dispose of its interest, and if the option is not exercised in that time, Broadcast Communications Limited ("BCL") may then dispose of it as it sees fit, BUT if any other proposed disposal of the land in the First Schedule, is for consideration less than the current market valuation, the proprietors of the land in certificate of title 55A/955 (the servient land) shall again be given a reasonable opportunity to acquire the land for similar consideration.
7. Broadcast Communications Limited ("BCL") acknowledges that it is a condition of the grant of easement herein conferred that Telecom Corporation of New Zealand and its subsidiary companies and successors shall not be permitted to use or otherwise have the benefit thereof.
8. Broadcast Communications Limited ("BCL") shall at its own cost establish a gate at the start of the right of way contiguous to the public road. The said gate shall be kept locked at all times (except during passage) and keys provided to permitted and identified users. Keys shall also be provided to the registered proprietors of the land in certificate of title 55A/955 (the servient land) for their own use at no cost to themselves.
Dated at Christchurch this 1st day of May 2000.
S. R. GILBERT, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/2000/5719)