Pursuant to section 52 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, Stephen Robert Gilbert, Land Information New Zealand, declares:
(a) The land described in the First Schedule to this notice is set apart for telecommunication purposes and
to remain vested in the Crown.
(b) The easement described in the Third Schedule over the land described in the Second Schedule is set apart as an easement for the Crown for telecommunication purposes and to be held appurtenant to the land described in the First Schedule hereto.
Otago Land District-Queenstown Lakes District
First Schedule
Land Set Apart
Area
m2 Being
3291 Section 1, S.O. 300115, situated on Crown Land, Block IV, Glenorchy Survey District.
Second Schedule
Land Set Apart for Right of Way
Area
m2 Being
977 Marked "A" on S.O. Plan 300115, situated on Crown Land, Block IV, Glenorchy Survey District.
Third Schedule
Terms and Conditions of Right of Way
Definitions and Interpretation
"Easement land" is the land described in the Second Schedule.
"Servient land" means Crown Land held for conservation purposes under section 62 of the Conservation Act 1987, being described as Block IV, Glenorchy Survey District.
"Grantor" means the Crown for conservation purposes and includes its 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, 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 and maintain to its own standard on the easement land all roads, tracks, accessways, fences and gates to the extent deemed necessary by the grantee for the exercise of the grantee's rights provided that any roads, tracks, accessways, fences and gates constructed on the easement land are constructed and maintained in a proper workmanlike manner using materials of a quality suitable for their purpose.
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 grantor's consent when granting any consent under this easement.
5. 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.
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)