State Highway No. 6A, Frankton,
Queenstown Lakes District
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 114, declares the land described in the First Schedule to this notice to be road which, pursuant to section 88 (2) of the Transit New Zealand Act 1989, becomes road, limited access road and State highway and shall vest in the Crown 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 to that effect having been entered into, a right to drain and discharge stormwater easement in gross is acquired over the land described in the Second Schedule ("the easement land") to this notice and shall vest in the Crown. The easement shall be subject to the rights and powers set out in the Third Schedule.
Otago Land District-Queenstown Lakes District
First Schedule
Land Declared Limited Access Road
Area
m2 Being
232 Part Lot 1, D.P. 8296; shown as "Section 1" on S.O. Plan 320944 (part C.T. 381/199).
Second Schedule
Easement Land
Being part Lot 1, D.P. 8296; marked "A" on S.O. Plan 320944 (part C.T. 381/199).
Third Schedule
Rights and Powers
Definitions:
"Servient land" means all the land in certificate of title OT381/199.
1. The Crown shall have the full, free, uninterrupted and unrestricted right, liberty and privilege together with its servants and agents from time to time and at all times to:
(i) Drain water (whether rain, tempest, spring, soakage or seepage water) in any quantities under the easement land, and to discharge the same beyond the easement land to such place or by such means as the Crown shall from time to time decide.
(ii) Where no line of pipes exists, to lay, place and maintain, or to have laid, placed and maintained, a line of pipes of a sufficient internal diameter and of suitable material for the purpose under the surface of the easement land and along the line defined for the purpose where such a line has been so defined.
(iii) In order to construct or maintain the efficiency of any such line of pipes or pipe line, the full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, its tenants, servants, agents and workmen, with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary for the purpose, to enter upon the servient land and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining and renewing the line or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the servient land and that the surface is restored as nearly as possible to its original condition and any other damage done by reason of the aforesaid operations is repaired.
2. The owner will not do anything on the easement land that will interfere with or affect the full and free use and enjoyment by the Crown of the rights and privileges granted under this easement.
3. The owner indemnifies the Crown against all loss, costs, claims, expenses and obligations whatsoever which the Crown, may suffer as a result of any negligent act or omission of the owner or of the owner's employees, independent contractors, agents, invitees, suppliers, labourers or other representatives.
4. (i) The Crown will repair and make good all damages to fences, gates and structures upon the easement land directly caused by the Crown undertaking any works in terms of the foregoing provisions.
(ii) The owner shall not be liable for any damages which may be caused to any of the pipes or line
of pipes otherwise than through the wilful act or default of the owner or the owner's employees, contractors and other invitees.
(iii) All equipment (including the pipes or line of pipes) placed by the Crown on any part of the easement land will remain the property of the Crown and no part of it will become a fixture on the easement land.
(iv) The Crown may take 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.
(v) Except with the prior written consent of the Crown and then only in accordance with such terms and conditions as it may impose in respect of such consent, the owner shall not nor will plant or cause or allow to be planted any medium or large trees
on the easement land nor will erect nor place
thereon nor cause nor allow to be erected or
placed thereon any buildings or other erections
or fences (other than a boundary fence) nor at any times hereafter to permit or suffer any act whereby the rights, powers, licences and liberties hereby granted to the Crown may be interfered with or affected.
5. In the event of any dispute arising between the Crown and the owner ("the parties") in respect of or in connection with this grant of easement and without prejudice to any other right or entitlement they may have under this grant of easement or otherwise, the parties shall explore whether the dispute can be resolved by use of alternative dispute resolution technique or mediation.
6. The rules governing such technique shall be agreed between the parties or as recommended by the
New Zealand Law Society or as selected by
the Chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution).
7. In the event the dispute is not resolved within 28 days of written notice by one party to the other of the dispute, either party may refer the dispute to arbitration under
the provisions of the Arbitration Act 1996 or any amendment or re-enactment of it.
Dated at Auckland this 19th day of August 2003.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/00/6091)