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, an agreement to that effect having been entered into, the land described in the First and Second Schedules to this notice is subject to a right to convey water in gross in perpetuity, granted in favour of the Mackenzie District Council upon the terms and conditions as set out in the Third and Fourth Schedules respectively on the date of publication hereof in the New Zealand Gazette.
Canterbury Land District-Mackenzie District
First Schedule
Area
ha Over
0.9085 Section 2, S.O. Plan 18830, contained in document G.N. A. 275203/1 (CIR 3549) (Christchurch Registry); shown marked "A"
on S.O. Plan 20211.
4.3520 Section 1, S.O. Plan 18830, contained in document G.N. A. 275203/1 (CIR 3549) (Christchurch Registry); shown marked "B"
on S.O. Plan 20211.
0.1405 Section 6, S.O. Plan 18830, contained in document G.N. A. 275203/1 (CIR 3549) (Christchurch Registry); shown marked "D"
on S.O. Plan 20211.
0.0224 Section 2, S.O. Plan 18830, contained in document G.N. A. 275203/1 (CIR 3549) (Christchurch Registry); shown marked "G"
on S.O. Plan 20211.
0.3478 Section 2, S.O. Plan 18830, contained in document G.N. A. 275203/1 (CIR 3549) (Christchurch Registry); shown marked "F"
on S.O. Plan 20211.
Above mentioned S.O. Plan 20211 lodged in the office of the Chief Surveyor at Christchurch.
Second Schedule
Area
ha Over
0.0261 R.S. 40838, contained in certificate of title 21F/229 (Christchurch Registry); shown marked "H" on S.O. Plan 20211, lodged in the office of the Chief Surveyor at Christchurch.
Third Schedule
Terms and Conditions
Definitions
1. In this easement unless the context otherwise requires:
1.1 "Grantor" means New Zealand Defence Force as owner of Sections 1, 2 and 6, S.O. Plan 18830 and where not repugnant to the context, successors and assigns, and servants and agents thereto.
1.2 "Grantee" means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.3 "Line", "lines", "works" means any pipe, line of pipes or works of any kind used or intended to be used to convey water and includes any other equipment or material used or intended to be used for line, lines or works both above and below ground levels and includes existing lines and existing works.
1.4 "Servient land" means land owned by the grantor contained in document G.N. A. 275203/1 (CIR 3549).
1.5 "Easement land" means that part of the servient land which is marked "A", "B", "D", "G" and "F" on S.O. Plan 20211 and is described in the First Schedule hereto.
Easement Terms
2. The grantee shall have the full free right, liberty and licence for all time hereafter for their engineers, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times:
2.1 to lay and maintain a line, lines or works in and under the soil of the easement land or as the case may be erect, construct and maintain a line, lines or works on and over the easement land;
2.2 to enter and remain upon the servient land for
the purposes of laying, maintaining, inspecting, repairing, renewing, replacing or altering the line, lines or works as the case may be and opening up the soil of the easement land and making any cuttings, fillings, grades, batters or trenches, and reopen the same and generally to do and perform such acts or things upon the easement land as may be necessary to enable the grantee to receive the full free use and enjoyment of the rights and privileges granted herein;
2.3 to use the line, lines or works for the purpose to convey water without interruption or impediment.
3. In laying, maintaining, inspecting, repairing, replacing or altering a line, lines or works over or under the easement land the grantee shall:
3.1 give to the grantor reasonable notice of the grantee's intention to enter the servient land (but at any time and without notice in the case of emergency);
3.2 make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and
3.3 at the sole expense of the grantee restore the surface of the easement land as nearly as possible to its former condition and consolidated to its former level in a good workmanlike standard.
4. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land.
5. The ownership of a line, lines and works installed in, over or under the easement land from time to time by the grantee shall at all times remain vested in the grantee and no person shall have any interest in such line, lines or works by reason only of having an interest or an estate in the land.
Disputes
6. Any dispute arising out of or in connection with
the rights created by this easement shall be resolved
by arbitration under the Arbitration Act 1996 and
its amendments or any enactment passed in substitution.
The arbitrator shall decide the dispute according to the substantive law of New Zealand.
Fourth Schedule
Terms and Conditions
Definitions
1. In this easement unless the context otherwise requires:
1.1 "Grantor" means Alpine Energy Limited as owner of R.S. 40838 and where not repugnant to the context, successors and assigns, and servants and agents thereto.