Orua Downs, Manawatu District
Pursuant to sections 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands,
R. J. Sutherland, 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 Police communications purposes and vested in the Crown;
(b) The easements described in the Second Schedule to this notice are acquired for Police communications purposes appurtenant to the land described in the First Schedule to this notice upon the terms and conditions described in the Third Schedule and shall vest in the Crown (called "the grantee");
on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District-Manawatu District
First Schedule
Land to be Acquired
Area
m2 Being
833 Part Lot 1, D.P. 54080; shown as "Section 1" on S.O. Plan 38308 (part C.T. 22D/358).
Second Schedule
Easements to be Acquired
(a) A right of way to pass at any time by vehicle or on foot over those parts of Lot 1, D.P. 54080 (part C.T. 22D/358); marked "A" and "D" on S.O. Plan 38308.
(b) The right to convey electricity by a line or lines over those parts of Lot 1, D.P. 54080 (part C.T. 22D/358) marked "C" and "D".
Third Schedule
Additional Rights and Powers
Right of Way
(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 grantee shall not be required or empowered to fence the boundary of the right of way.
(c) The grantor may fence across the right of way but in so doing shall erect within such fence a farm gate to allow passage of vehicles along the right of way.
(d) The grantee shall ensure that all farm gates along the right of way are closed and latched after each passage of vehicle belonging to the grantee or under the direction of the grantee.
(e) The grantee shall be entitled but not required to form and maintain any part of the right of way to a standard suitable to the grantee but will consult with the grantor before cutting down any trees which need to be removed and will replant suitable and agreed lower growing species on any land affected in order to protect the land from erosion.
(f) The grantor shall not grow or permit to be grown any trees, shrubs or bushes on the right of way.
(g) In the event of blockage to the right of way by fallen trees or tree limbs, the grantee shall be entitled to saw up and remove to the side of the track any such blockages and shall not be obliged to do more than provide a suitable clear passage for its purpose. The grantee will advise the grantor if any large tree is involved.
Right to Convey Electricity
(a) The full, free and unrestricted right for the grantee and his tenants, servants, agents, workmen, licensees and invitees 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.
(b) The poles on that part of the land marked "C" will be set well away from existing motorcycle tracks and if guy wires are necessary, these will also be erected well away from the tracks and clearly marked and enclosed by a white picket fence.
Additional rights applicable to both easements
The full right for the grantee, its servants, agents or workmen, licensees or invitees for the purposes of the easement concerned to lay, use, maintain, repair or upgrade:
(i) any overhead lines and supporting poles; and
(ii) that part of the right of way marked "A" on S.O. 38308;
and for such purposes to enter upon the land over which the easements are 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 of the aforesaid operation is repaired.
Dated at Auckland this 21st day of December 2001.
R. J. SUTHERLAND, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/2000/6594)