at Lake Tekapo
Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand:
(a) Pursuant to sections 20 and 50, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby set apart for water supply purposes and shall vest in the Mackenzie District Council on the date of publication hereof in the New Zealand Gazette.
(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, the land described in the Second Schedule to this notice is subject to a right of way easement in gross in perpetuity granted in favour of the Mackenzie District Council upon the terms and conditions as set out in the Fifth Schedule, and the land described in the Third Schedule to this notice is subject to a right to convey water easement in gross in perpetuity upon the terms and conditions as set out in the Sixth Schedule, and the land described in the Fourth Schedule to this notice is subject to a Profit A Prendre in favour of Computer Interest Register CB529/21, upon the terms and conditions set out in the Seventh Schedule on the date of publication hereof in the New Zealand Gazette.
Canterbury Land District-Mackenzie District
First Schedule
Area
ha Being
0.5675 Section 1, S.O. Plan 20211 (part CIR CB529/21).
63.2000 Section 2, S.O. Plan 302575 (part CIR CB529/21).
Second Schedule
Area
m Being
2753 Part Run 344, shown as "J" on S.O. Plan 20211 (part CIR CB529/21).
2795 Part Run 344, shown as "M" on S.O. Plan 302575 (part CIR CB529/21).
Third Schedule
Area
m Being
2915 Part Run 344, shown as "K" on S.O. Plan 302575 (part CIR CB529/21).
Fourth Schedule
Area
ha Being
2.0 Part Section 2, S.O. Plan 302575; shown as "E" on S.O. Plan 302575 (part CIR CB529/21).
Fifth Schedule
Terms and Conditions
Definitions
1. In this easement unless the context otherwise requires:
1.1 "Grantor" means part Run 344 and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.2 "Grantee" means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.3 "Right of Way" means a right of way with the rights and powers implied in the Ninth Schedule of the Property Law Act 1952 and the Seventh Schedule of the Land Transfer Act 1952, and its amendments or any enactment passed in substitution.
1.4 "Servient land" means land owned by the grantor contained in CIR CB529/21.
1.5 "Easement land" means that part of the servient land which is marked "J" on S.O. Plan 20211 and "M" on S.O. Plan 302575 and is described in the Second Schedule hereto.
Easement Terms
2. The grantee shall have the full free right, liberty and licence for all time hereafter for their engineers, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times over and along the easement land;
3. The grantor shall be liable solely, for all future costs in laying, maintaining, inspecting, repairing, replacing or altering the Right of Way over the easement land;
4. The grantee shall give to the grantor reasonable notice of the grantee's intention to enter the servient land (but at any time and without notice in the case of an emergency);
5. The grantee shall make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and
6. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land.
Disputes
7. Any dispute arising out of or in connection with
the rights created by this easement shall be resolved
by arbitration under the Arbitration Act 1996 and
its amendments or any enactment passed in substitution.
The arbitrator shall decide the dispute according to the substantive law of New Zealand.
Sixth Schedule
Terms and Conditions
Definitions
1. In this easement, unless the context otherwise requires:
1.1 "Grantor" means part Run 344 and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.2 "Grantee" means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.3 "Line", "lines", "works" means any pipe, line of pipes or works of any kind used or intended to be used to convey water and includes any other equipment or material used or intended to be used for line, lines or works both above and below ground levels and includes "existing lines" and "existing works".
1.4 "Servient land" means land owned by the grantor contained in CIR CB529/21.
1.5 "Easement land" means that part of the servient land which is marked "K" on S.O. Plan 302575 and is described in the Third Schedule hereto.
Easement Terms
2. The grantee shall have the full free right, liberty and licence for all time hereafter for their engineers, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times:
2.1 to lay and maintain a line, lines or works in and under the soil of the easement land or as the case may be erect, construct and maintain a line, lines or works on and over the easement land;
2.2 to enter and remain upon the servient land for
the purposes of laying, maintaining, inspecting, repairing, renewing, replacing or altering the line, lines or works as the case may be and opening up the soil of the easement land and making any cuttings, fillings, grades, batters or trenches, and reopen the same and generally to do and perform such acts or things upon the easement land as may be necessary to enable the grantee to receive the full free use and enjoyment of the rights and privileges granted herein;
2.3 to use the line, lines or works for the purpose to convey water without interruption or impediment.
3. In laying, maintaining, inspecting, repairing, replacing or altering a line, lines or works over or under the easement land, the grantee shall:
3.1 give to the grantor reasonable notice of the grantee's intention to enter the servient land (but at any time and without notice in the case of emergency);
3.2 make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and
3.3 at the sole expense of the grantee, restore the surface of the easement land as nearly as possible to its former condition and consolidated to its former level in a good workmanlike standard.
4. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land.
5. The ownership of a line, lines and works installed in, over or under the easement land from time to time by the grantee shall at all times remain vested in the grantee and no person shall have any interest in such line, lines or works by reason only of having an interest or an estate in the land.
Disputes
6. Any dispute arising out of or in connection with
the rights created by this easement shall be resolved
by arbitration under the Arbitration Act 1996 and
its amendments or any enactment passed in substitution.
The arbitrator shall decide the dispute according to the substantive law of New Zealand.
Seventh Schedule
Terms and Conditions
Definitions
1. In this Profit A Prendre unless the context otherwise requires:
1.1 "Grantor" means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.2 "Grantee" means part Run 344 contained in
CIR CB529/21 and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.
1.3 The "land" means that area of the servient land which is marked "E" on S.O. Plan 302575 and is described in the Fourth Schedule hereto.
Profit A Prendre Terms
2. The grantee's future use of the land shall be restricted for use as a gravel borrow area.
3. The grantee will only use the land for the purposes of taking gravel for roading requirements on CIR CB529/21.
4. Gravel will not be extracted to a depth of greater than 1.5 metres from the existing surface level or to a depth
of less than 0.5 metres above the water table at the time of extraction.
5. Extraction is to be by methods that eliminate any pond formation which would allow contaminants to enter the ground water system directly.
6. No fuel, oil or other contaminants are to be stored or left on the land at any time.
7. The grantee shall be entitled to extract up to 5 cubic metres of shingle from the land at any one time without notice to the grantor but the grantor is to be given a minimum of seven days' notice of an intention to extract gravel of any greater quantity from the site at any one time.
8. The grantee to be responsible for obtaining any resource or other consents required for gravel extraction.
9. Extraction methods are not to leave the site more susceptible to flooding by the river and must not result in flood waters being diverted away from existing natural water courses.
Dated at Wellington this 14th day of June 2002.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/99/3829)