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 and vested
in the Manawatu Wanganui Regional Council, subject to
the reservation that if the land is found to contain coal, the owner for the time being shall pay to Her Majesty the Queen in respect of all coal raised or gotten out of the said
land, a royalty of six pence for every full ton of twenty hundredweight so raised or gotten and if the land shall be found to contain gold or silver, such land shall be subject in all respects to the provisions of the Mining Act 1908, but the value of the gold or silver in or on such land shall not be taken into account in ascertaining or allowing compensation to the owner for the time being of the same;
(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-Manawatu District
First Schedule
Land to be Acquired
Area
m2 Being
418 Part Lot 4, D.P. 10435; shown as "Section 1" on S.O. Plan 302612 (part C.T. 486/210).
Second Schedule
Easement to be Acquired
A right of way over that part of Lot 4, D.P. 10435 (part C.T. 486/210); marked "A" on S.O. Plan 302612 (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 grantee shall be entitled at its cost to form and from time to time upgrade and maintain the right of way area to such a standard as is suitable for the grantee's requirements provided that any work proposed for such
right of way area shall be first approved by the registered proprietor of the right of way area which approval shall not be unreasonably or arbitrarily withheld.
Dated at Christchurch this 8th day of January 2002.
S. R. GILBERT, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/1998/1553)