Orua Downs, Manawatu District
Pursuant to sections 20 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, the easements in gross described in the Second Schedule to this notice are acquired over the land described in the First Schedule and shall vest in the Crown (called the grantee) for Police communications purposes on the date of publication in the New Zealand Gazette.
Wellington Land District-Manawatu District
First Schedule
An estate in fee simple in 30.6701 hectares, being Lot 3 on D.P. 19871, being all the land contained in certificate of title 818/17.
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 the land in the First Schedule marked "F" on S.O. Plan 38308.
(b) The right to convey electricity by a line or lines over those parts of the land described in the First Schedule marked "F" on S.O. Plan 38308.
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 grantor 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 be entitled but not required to form and maintain 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 as will replant suitable and agreed lower growing species on any land affected in order to protect the land from erosion.
(e) The grantor shall not grow or permit to be grown any trees, shrubs or bushes on the right of way.
(f) 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.
(g) The grantee shall pay a one-quarter share of the aggregate cost of maintaining the part of the right of way marked "D", "E" and "F" on S.O. 38308, provided however that the grantee shall not be responsible for the costs of maintenance of any part thereof that the grantee does not use.
(h) The full, free and unrestricted right for the grantee and its 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 lines installed in accordance with all statutory and local authority requirements.
(i) All lines installed by the grantee on the land over which the easement has been granted remain the property of the grantee. If the grantee's rights cease or are surrendered, the grantee will consult with all users of the power supply prior to disposal or removal of the lines by the grantee.
(j) The grantee shall be entitled at any time and at all times to permit other users to connect to the line or may deliver power to other users at the grantee's absolute discretion.
(k) The full right for the grantee, its servants, agents or workmen, licensees or invitees 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 of the aforesaid operation is repaired.
Definitions
"Line" or "lines" mean a wire or wires, a cable or conductor of any kind used or intended to be used for the transmission of electricity and includes any pole, tower, mast, insulated casing, transformer fixture (major or minor), tunnel or other equipment or material used or intended to be used for supporting, enclosing, surrounding or protecting any such wire, wires, conductor or cable and also includes any part of a line and includes existing lines.
Dated at Auckland this 21st day of December 2001.
R. J. SUTHERLAND, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/2000/6596)