Electricity Purposes
Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information,
R. J. Sutherland, Land Information New Zealand, declares that, pursuant to an agreement having been entered into, the easements in gross described in the First Schedule shall vest in the Crown and its successors as grantee in perpetuity on the date of publication of this notice in the New Zealand Gazette, together with the rights and powers set forth in the First Schedule, subject to the terms and conditions set out in the Second Schedule.
Canterbury Land District-Timaru District Council
First Schedule
Nature of Easement Area
m2 Being Marked
1. Telecommunication 1301 Part Lot 2, D.P. 75410 (part C.T. 43B/1200). "B" on S.O. Plan 19582.
2. Right to convey electricity Part Lot 2, D.P. 75410 (part C.T. 43B/1200). "X-Y" on S.O. Plan 19582.
3. Telecommunication
Protection Corridor 4207 Part Lot 2, D.P. 71349 (part C.T. 41B/846). "A" on S.O. Plan 19582.
Definitions
"Line" means a "line" and "existing lines" as defined in the Telecommunications Act 1987.
"Telecommunication" has the meaning given to that word in the Telecommunications Act 1987.
"Works" means "works" and "existing works" as defined in the Telecommunications Act 1987.
Rights and Powers
The transferee shall have the full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, its employees, agents and contractors from time to time and at all times:
1. to erect, install, occupy, use, operate and maintain works and lines for the purposes of telecommunication on, under and over the land, over which the telecommunication easement is granted; and
2. to lay and maintain electricity cables under the land over which the easement of the right to convey electricity is granted and to use such electricity cables for the purposes of conveying electricity; and
3. to transmit and receive signs, signals, impulses, writing, images, sounds, instructions, information or intelligence of any nature over the land over which the telecommunication protection corridor easement is granted.
4. to enter upon the lands over which the easements for telecommunication and the right to convey electricity are granted, with or without vehicles and with materials, machinery and implements, and to remain there for the purposes of laying, maintaining, inspecting, repairing, renewing, replacing or altering any lines, works or electricity cables as the case may be and opening up the soil of that land to such an extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the land and that the surface is restored as nearly as possible to its original condition and any other damage done by reason of the aforesaid operations is required.
Second Schedule
Terms and Conditions of Easements
1. The telecommunication easement land may be fenced or left unfenced at the discretion of the grantee.
2. The registered proprietor of the land, subject to the telecommunication protection corridor easement, shall not grow or permit to be grown any trees, shrubs or bushes of any description on the easement land which will interfere with the rights granted.
3. The registered proprietor of the telecommunication protection corridor easement shall be permitted to graze the land but shall not in any way cause obstruction to or interfere with the transmission of signs, signals and impulses over the land.
4. The grantee may take such measures as it reasonably thinks necessary for the safety of persons or property on the telecommunication purposes easement land including without limitation the right to erect fences, signs and notices warning of any danger.
5. Nothing shall be construed to limit, remove, alter or restrict any rights, powers, remedies or actions which the grantee may have under the Telecommunications Act 1987 or any statutory amendment or re-enactment thereof.
6. Any dispute arising out of or in connection with these agreements shall be resolved by arbitration under the Arbitration Act 1996 and its amendments. The arbitrator shall decide the dispute according to the substantive law of New Zealand.
Dated at Auckland this 5th day of February 2002.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/00/5903/A)