and Acquisition of Lessee's Interest for Telecommunication Purposes-at Glenorchy
Pursuant to the Public Works Act 1981, and to a delegation from the Minister of Lands, Stephen Robert Gilbert, Land Information New Zealand, declares:
(a) Pursuant to section 20 (1) and pursuant to an agreement to that effect having been entered into, a right of way easement on the terms described in the Third Schedule is acquired over the lessee's interest in that part of the easement land described in the First Schedule to be forever appurtenant to the land described in the Second Schedule. The easement shall vest in the Crown (as the grantee) on the date of publication in the New Zealand Gazette.
(b) Pursuant to section 52, the easement described in
the Third Schedule is set apart over the lessor's interest in the servient land for telecommunication purposes and held appurtenant to the land described in the Second Schedule.
Otago Land District-Queenstown Lakes District
First Schedule
Land Acquired for Right of Way
Area
m2 Being
2724 Marked "C" on S.O. Plan 22191 over part
Run 346, Block IV, Glenorchy Survey District.
Second Schedule
Land Set Apart
Area
m2 Being
3291 Section 1, S.O. 300115, situated on Crown Land, Block IV, Glenorchy Survey District.
Third Schedule
Terms and Conditions of Right of Way Easement
Definitions and Interpretation
"Easement land" is the land described in the First Schedule.
"Servient land" means part Runs 346 and 346D, Glenorchy and Skippers Creek Survey District, and being a pastoral lease under the Land Act 1948 over land administered for the Crown by Land Information New Zealand and incorporated in the Register as OT1C/1038.
"Grantors" means the Crown and the lessee of the
servient land and includes their respective successors
and assignees.
"Grantee" means the Crown for telecommunication purposes and includes its successors and assignees.
Right of Way Easement
The grantee together with its servants contractors, agents, tenants, workmen and licensees shall have full free, uninterrupted and unrestricted access without charge over and along the easement land in common with the grantor
and other persons authorised by the grantor without obstruction or restriction with or without vehicles for all purposes necessary or convenient to the exercise by the grantee of its rights granted herein, and 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, but those set out in the Ninth Schedule of the Property Law Act 1952 shall not apply.
Terms and Conditions
1. The grantee shall have the right to construct a five metre wide accessway sufficient to allow vehicular access over and along the easement land, such accessway to be constructed and maintained by the grantee at no cost to the grantor.
2. The grantee shall have the right to keep the easement land cleared of any vegetation encroaching on or overhanging the easement land which may impede the grantee's access over and along the easement land.
3. The grantee will repair and make good all damages to fences, gates and structures upon the easement land directly caused by the grantee undertaking any works in terms of the foregoing provisions.
4. The grantee shall not be required to fence any of the easement land unless it is required as a condition of the grantors' consent when granting any consent under this easement.
5. The grantors 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.
6. The grantee may take such measures as it reasonably thinks necessary for the safety of persons or property on the easement land including without limitation the right to erect fences, signs and notices warning of any danger.
7. The grantee may assign all or any part of its estate or interest granted by this easement to any person.
Dated this 8th day of January 2002.
S. R. GILBERT, for Minister of Lands by the Minister of Land Information.
(LINZ CPC/2000/6039)