Pursuant to the Public Works Act 1981 ("the Act"), and to a delegation from the Minister of Lands, Kerry John Twydle, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into:
(a) The land described in the First Schedule is hereby acquired for public transport purposes and is vested in the Wellington City Council ("the council"), under section 20 (1) of the Act, from the date of publication of this notice in the New Zealand Gazette. This is subject to section 27B of the State-Owned Enterprises Act 1986, section 3 of the Petroleum Act 1937, section 8 of the Atomic Energy Act 1945, section 3 of the Geothermal Energy Act 1953, sections 6 and 8 of the Mining Act 1971, sections 5 and 261 of the Coal Mines Act 1979 and part IVA of the Conservation Act 1987.
(b) The easements described in the Second Schedule are hereby acquired by and are vested in the council, under sections 20 and 28 of the Act, from the date of publication of this notice in the New Zealand Gazette, in respect of the land described in the Third Schedule.
Wellington Land District-Wellington City
First Schedule
Land for Vesting in the Council
Area
m2 Being
749 Section 1, S.O. Plan 38218, being part certificate of title 38B/501.
Second Schedule
Easement Terms and Conditions
1. Easements acquired in gross are listed below:
1.1 a right of way restricted to pedestrians only
1.2 the right to convey water and gas
1.3 the right to drain water and sewage
1.4 the right to transmit and convey electricity
1.5 the right to transmit telecommunications
2. An easement appurtenant to the land in the First Schedule is acquired to clean and maintain walls for a bus shelter.
Rights and Powers
Pedestrian Right of Way
3. The council ("the grantee") will have a right of way (restricted to pedestrian use only) for itself, its employees, tenants, agents, licensees, and invitees in common with Victoria University of Wellington and Seabar Holdings (No. 16) Limited as the registered proprietor of the land described in the Third Schedule ("the servient land") (together with their successors in title called "the grantor") in common with the grantor's tenants and any person lawfully entitled so to do to pass and repass at all times, through the servient land. A pedestrian subway is erected through the servient land ("the subway").
4. The subway and all improvements associated with the subway will remain in the ownership of the grantee and will be at the risk of the grantee at all times.
5. The grantee will use its best endeavours to keep the right of way clean and tidy and in a continued state of substantial repair at all times.
Easement Rights for Services
6. The grantee will have the right in common with the grantor and its employees, tenants, contractors and invitees, to convey water and gas and to drain storm water and sewage through pipes laid or to be laid through the servient land.
6.1 For the purposes of clause 6:
? "storm water" means water generated by storm, or spring, or seepage water;
? "sewage" means sewage and other waste water and material;
? "pipes" means 1 or more pipes laid or to be laid under the service of the servient land for the purposes of this notice.
7. The grantee will have the right in common with the grantor and its employees, tenants, contractors and invitees, to transmit electricity and telecommunications through lines or cables laid or to be laid through the servient land.
Rights and Obligations Applying to the Easement Rights
8. The above easement rights are, together with the following rights:
8.1 The grantee may enter the land by the most practicable route to do the following work:
? repair, maintain and replace (if necessary) the subway;
? construct and lay pipes, lines or cables;
? inspect, maintain, alter or replace pipes, lines or cables;
? excavate the servient land to carry out the above work.
8.2 The grantee may do anything for the full exercise of the rights granted by this document. This includes the right to continue to have installed any fixtures or fittings currently sited in the servient land which are necessary to exercise the rights granted herein and to include any such items as may be necessary to exercise those rights in the future. The grantee may exercise its right herein with or without agents, contractors and employees and with or without tools, plant, equipment and vehicles.
9. The grantee, when exercising its water and gas conveyance, water and sewage drainage, and electricity and telecommunications transmission rights, will keep the services associated with those rights in good and substantial repair.
10. The grantee, when exercising the easement rights described in the previous clause, will do all of the following:
? give reasonable notice to the grantor before exercising its rights. However, such notice will not be necessary if the grantor will not be inconvenienced by the exercise of those rights. Also, no such notice will be required in an emergency;
? cause as little damage and inconvenience as possible to the servient land;
? after the rights are exercised, restore the servient land as nearly as reasonably possible to its previous condition;
? comply with all relevant legislation and other laws.
11. The grantor will not do anything to:
? prevent or interfere with the free passage of water, gas, storm water or sewage through the pipes or interfere with the transmission of electricity or telecommunications through the lines or cables;
? interfere with the full use and enjoyment by the grantee of the rights created by this document.
11.1 The grantor will not erect buildings or other structures over any part of the servient land without the prior written permission of the grantee.
Right to Clean and Maintain Walls For a Bus Shelter
12. The grantee is to erect a bus shelter on the boundary of the land of which the grantee is the registered proprietor described in the First Schedule ("the dominant land").
12.1 The grantee will have the right as appurtenant to the dominant land with its employees and contractors to access the land above the servient land by vehicle or on foot, with or without machines and equipment, to clean the glass walls of the said bus shelter, and to carry out repair and maintenance work to the said glass wall.
12.2 The grantee will comply with clause 11 in carrying out its rights under clause 12.1.
12.3 Notwithstanding the foregoing provisions of clause 12, the grantor has the right at any time to build over the area above the servient land as part of a planned extension to the building erected on the land, and also the right to support the foundations of any such extension on the structure comprising the subway. In the event that the grantor exercises such rights, then:
? if the grantor proves to the reasonable satisfaction of the grantee that the wall of the grantor's planned building extension will be sufficient to support the bus shelter to be erected by the grantee, then the grantee will remove the glass wall of the bus shelter as soon as the grantor has received all necessary statutory or regulatory approvals for the construction of the building extension;
? the parties will enter into and register a party wall easement in respect of the wall of the grantor's building extension.
? the rights granted pursuant to clause 12.1 shall cease to have effect.
13. The grantee indemnifies the grantor from all actions or claims brought against the grantor as a result of the grantee exercising its rights under the easements described above.
Third Schedule
Servient Land for Easements to be Vested in the Council
Area
m2 Being
196 Area "A", S.O. Plan 38218, being part certificate of title 38B/501.
Dated at Wellington this 25th day of July 2000.
KERRY JOHN TWYDLE, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/1998/1579)