Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information
New Zealand, declares that, pursuant to agreements having been entered into, the easements described in the First, Second and Third Schedules, being forever appurtenant to the land described in the Fourth Schedule, shall vest in the Crown, the grantee, in perpetuity on the date of publication of this notice in the New Zealand Gazette, subject to the terms and conditions set out in the Fifth, Sixth and Seventh Schedules.
Canterbury Land District-Waimate District
First Schedule
Telecommunication Easements
Area
m2 Being
53 Part Rural Section 28446, part C.T. 8K/1157; shown marked "A" on S.O. Plan 301594.
18 Part Rural Section 28446, part C.T. 8K/1157; shown marked "B" on S.O. Plan 301594.
Second Schedule
Rights of Way
Area
m2 Being
255 Part Rural Section 31241, part C.T. 8K/1157; shown marked "C" on S.O. Plan 301594.
29 Part Rural Section 31441, part C.T. 23K/736; shown marked "D" on S.O. Plan 301594.
Third Schedule
Electricity Easements
Area
m2 Being
255 Part Rural Section 31241, part C.T. 8K/1157; shown marked "C" on S.O. Plan 301594.
29 Part Rural Section 31441, part C.T. 23K/736; shown marked "D" on S.O. Plan 301594.
Fourth Schedule
Appurtenant Land
Area
m2 Being
982 Section 1, S.O. 19224 and Section 1, S.O. 301594, being all of C.T. 16944.
Fifth Schedule
Terms and Conditions Relating to the
Telecommunication Easements
1. The full and free right for the grantee and its servants, agents, contractors and workmen with any tools, implements, machinery, vehicles or equipment of whatsoever nature to enter and re-enter the land for the purpose of maintaining, inspecting, repairing, upgrading, replacing, altering and erecting a microwave repeater
station and to use that station for the purposes of telecommunication as defined in the Telecommunications Act 2001.
Sixth Schedule
Terms and Conditions Relating to the Electricity Easements
1. The full and free right for the grantee and its servants, agents, contractors and workmen from time to time and at all times to take, convey and lead electricity in a free and unimpeded flow (except where such flow is halted for
any reasonable period necessary for essential repairs) and in any quantity consistent with the rights of other persons having the same or similar rights following the stipulated course by way of poles and overhead cables installed in accordance with all statutory and local authority requirements.
2. The full right for the grantee and its servants, agents, contractors and workmen for the purposes of the easement concerned to construct, use, maintain, repair or upgrade any overhead electricity lines and supporting poles and for such purposes to enter upon the land over which the easement
has been granted together with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary for the purpose and to remain there for any reasonable time for the authorised purpose and to open up the soil of the land to such 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 of the land is restored as nearly
as possible to its original condition and any other damage done by reason aforesaid operation is repaired.
Seventh Schedule
Terms and Conditions Relating to the Rights of Way, Telecommunication Easements and
Electricity Easements
1. There is no obligation on the grantee to pay maintenance for the fencing of the land subject to these easements.
2. The grantee shall have full free, uninterrupted, unrestricted access without charge over and along the rights of way in common with the owner without obstruction or restriction with or without vehicles for all purposes necessary or convenient to the exercise by the grantee of its rights granted under this notice, and the grantee shall have the rights and powers implied in easements of rights of way as set out in the Seventh Schedule of the Land Transfer Act 1952 but those set out in the Ninth Schedule of the Property Law Act 1952 shall not apply.
3. The grantee may maintain and improve the rights of way but shall not be obliged to carry out such work for the benefit of the owner.
4. The grantee shall have the right to keep the rights of way cleared of any vegetation encroaching on or overhanging the rights of way which may impede the grantee's access over and along the rights of way.
5. In the event of any dispute arising between the grantee and the owner ("the parties") in respect of or in connection with the easements hereby granted and without prejudice to any other right or entitlement they may have under this notice or otherwise, the parties shall explore whether the dispute can be resolved by use of alternative dispute resolution technique or mediation.
The rules governing such technique shall be agreed between the parties or as recommended by the New Zealand Law Society or as selected by the Chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution).
In the event the dispute is not resolved within 28 days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration under the provisions of the Arbitration Act 1996 or any amendment or re-enactment of it.
The arbitrator shall be agreed between the parties within
10 days of written notice of the referral by the referring party to the other or failing agreement appointed by the President of the New Zealand Law Society and in either case the arbitrator shall not be a person who has participated in any formal dispute resolution procedure in respect of the dispute.
Dated at Christchurch this 5th day of April 2002.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/01/6956)