Horowhenua District
Pursuant to sections 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Stephen Robert Gilbert, 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 to this notice is acquired for the Makerua Drainage Scheme together with the water and incidental rights created by transfer 299623 and subject to section 16 (6) of the Land Laws Amendment Act 1944, Part XIII of the Land Act 1924, and to the same restrictions as are imposed in the case of leases by section 206 of the Land Act 1924, and vested in the Manawatu Wanganui Regional Council;
(b) The easement described in the Second Schedule to this notice is acquired for the Makerua Drainage Scheme upon the terms and conditions described in the Third Schedule and shall vest in the Manawatu Wanganui Regional Council (called "the grantee");
on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District-Horowhenua District
First Schedule
Land to be Acquired
Area
m2 Being
1635 Part Lot 2, D.P. 13451; shown as "Section 1" on S.O. 302610 (part C.T. 540/36).
Second Schedule
Easement to be Acquired
A right of way over those parts of Lots 2 and 3, D.P. 13451 (part C.T. 540/36); marked "A" and "B" on S.O. Plan 302610 (called "the right of way area").
Third Schedule
Rights and Powers
(a) The right of way shall contain all the rights and powers set out in the Seventh Schedule to the Land Transfer Act 1952.
(b) The Registered Proprietor of the right of way
area (called "the owner") shall be responsible for the maintenance of the right of way area to a standard suitable for both the owner's and the grantee's requirements. The grantee agrees to contribute to the cost of the maintenance of the right of way area, such contribution to be proportionate to the grantee's use of the track as agreed between the parties.
(c) If any dispute arises between the parties concerning the terms of this easement, the parties shall enter into negotiations in good faith to resolve their dispute. If the dispute is not resolved within one month of the date on which the parties begin their negotiations, then the dispute shall be settled by arbitration. The parties shall submit to the arbitration of an independent arbitrator appointed by
the parties or, if one cannot be agreed upon, to two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to their arbitration), such arbitration to be carried out in accordance with the Arbitration Act 1996.
Dated at Christchurch this 21st day of December 2001.
S. R. GILBERT, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/1998/1553)