Pursuant to sections 20 and 28 (a) 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, agreements to that effect
having been entered into, the land described in the First and Second Schedules hereto is hereby acquired for soil conservation and river control purposes and shall vest in
the Otago Regional Council, subject to right of way easements as described in the Third Schedule hereto over the land described in the Second Schedule hereto to be
held appurtenant to the land described in the Fourth Schedule hereto.
Otago Land District-Dunedin City
First Schedule
Area
m2 Being
4991 Part Lot 2, D.P. 648; as shown marked "B"
on plan.
6598 Part Lot 2, D.P. 648; as shown marked "D"
on plan.
6481 Part Lot 2, D.P. 648; as shown marked "F"
on plan.
As shown marked as above mentioned on S.O. Plan 23943, lodged in the office of Land Information New Zealand at Dunedin.
Second Schedule
Area
m2 Being
513 Part Lot 2, D.P. 648; as shown marked "C"
on plan.
248 Part Lot 2, D.P. 648; as shown marked "E"
on plan.
As shown marked as above mentioned on S.O. Plan 23943, lodged in the office of Land Information New Zealand at Dunedin.
Third Schedule
Description of Easements
The rights and powers implied in and attaching to a right of way as set out in the Seventh Schedule to the Land Transfer Act 1952, under the heading "Right of Way" and the rights and powers implied in the Ninth Schedule to the Property Law Act 1952, as if the same were fully set out herein and also on the following terms, conditions and covenants-
1. Maintenance:
(a) The right of way will be maintained, repaired and replaced as is necessary to keep the right of way in good order and condition.
(b) The cost of maintaining, repairing and replacing the right of way as specified in paragraph 1 (a) will be borne in accordance with the use of the right of way by the owners of the dominant tenement.
(c) Notwithstanding paragraph 1 (b), if any maintenance, repair or replacement of the right of way is necessary due to any act or omission, neglect or fault of
a particular registered proprietor or that registered proprietor's employees, contractors, agents, tenants, licensees or invitees, then the registered proprietor will promptly carry out such maintenance, repair
or replacement and will bear the loss of such maintenance, repair or replacement.
2. Arbitration:
An arbitrator, under the Arbitration Act 1996 or
any Act passed in substitution or amendment, shall determine all disputes and differences that may arise between the parties.
Fourth Schedule
All those pieces of land containing 54.1001 hectares, being part Lot 1 and part Lot 2, D.P. 648, balance of certificate of title OT8C/481.
Dated at Auckland this 27th day of February 2002.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/98/1558)