Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand:
(a) Pursuant to section 20, declares that, pursuant to an agreement to that effect having been entered into, the lessee's interests described in the First Schedule to this notice is acquired for telecommunications purposes, subject to easement A. 307362.5, and shall be vested in the Crown for telecommunication purposes on the date of publication of this notice in the New Zealand Gazette.
(b) Pursuant to sections 20 and 28, declares that, pursuant to an agreement having being entered into, easements are hereby acquired forever over the lessee's estate in the land described in the Second Schedule and shall be held appurtenant to the land described in the First Schedule, and shall vest in the Crown for telecommunication purposes and its successors as grantee in perpetuity on the date of publication of this notice in the New Zealand Gazette, subject to the terms and conditions set out
in the Third Schedule.
(c) Pursuant to sections 20 and 28, declares that, pursuant to an agreement having being entered into, easements are hereby acquired forever from over the lessor's estate in the land described in the Second Schedule and shall be held appurtenant to the land described in the First Schedule, and shall vest in the Crown for telecommunication purposes and its successors as grantee in perpetuity on the date of publication of this notice in the New Zealand Gazette, subject to the terms and conditions set out in the Third Schedule.
Canterbury Land District-Waimate District Council
First Schedule
Area
m2 Being Marked
4552 Part Run 284, situated in Block VIII, Waihao Survey District. "A" on S.O. Plan 19578 (part certificate of title 11K/1308).
Second Schedule
Nature of Easement Being Marked
Right of way Parts Runs 284 and 3347, situated in Block VIII, Waihao Survey District and Block V, Waimate Survey District (C.T. 11K/1308). "B", "C", "D", "E", "F" and "G" on S.O. Plan 19578.
Right to convey electric power Part Run 284, situated in Block VIII, Waihao Survey District (C.T. 11K/1308). 3 metre wide strip of land centred on the lines marked "H-I" and
"J-K" on S.O. Plan 19578.
Third Schedule
Definitions
"Grantor" means the Crown and the lessee of the servient land and includes their respective successors and assignees.
"Grantee" means the Crown for telecommunications purposes and includes its successors and assignees.
Right of Way Easement
Terms and Conditions
The grantee shall have the full, free right, liberty, licence and authority in perpetuity to construct and use a right of way for its servants, agents, workmen, licensees and invitees, from time to time and at all times hereafter, to go, pass, and repass with
or without horses or other animals or vehicles over the said land and to maintain, repair, and keep open the said right of way for the purpose to enter upon and for the purpose of providing access to the land described the First Schedule.
The grantee shall have the rights and powers implied in easements of right of way as set out in the Seventh Schedule of the Land Transfer Act 1952 and in the Ninth Schedule of the Property Law Act 1952, except as modified by the following conditions:
1. The grantee will from time to time repair and make good all damage to fences, gates and erections upon the servient land directly caused by the grantee carrying out any of the works or activities in terms of the right of way.
2. The grantor or the lessee shall not be liable for any damage which may be caused to any of the telecommunication facilities by stock or which may be caused otherwise than that through the wilful act, default or negligence of the grantor or the lessee or their servants, agents, workmen, licensees and invitees.
3. The grantee shall be entitled to enter into a maintenance agreement with any other authorised user of the right of way. Notwithstanding any such agreement, the grantee agrees between the grantor and the grantee to ensure that the right
of way is maintained to a good quality four wheel drive standard at the grantee's expense. In addition, the grantee shall at its option, either alone or in conjunction with other authorised users, maintain the easement land to a higher standard.
It is specifically agreed that the grantor shall have no liability for the maintenance of the easement land to a higher standard in the absence of a written agreement to that effect from time to time.
4. The grantor as lessee of the pastoral lease shall have the right to use the right of way for his or her own purpose, but shall not grant or assign rights to use the right of way to any third party without the consent of the grantee.
5. The grantor as the Crown shall be responsible for fencing costs.
Electricity Easement
To lay and maintain electricity cables under or over the land over which the right to convey electricity is granted and to use such electricity cables for the purposes of conveying electricity.
Terms and Conditions
The grantee shall have the rights and powers implied in easements (mutatis mutandis) as set out in the Seventh Schedule of the Land Transfer Act 1952.
The grantor will not grow or permit to be grown any trees, shrubs or bushes of any description on the easement land which will interfere with the rights granted by this easement.
Dated at Auckland this 26th day of August 2002.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/01/7263)