Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the right of way easement described in the Fourth Schedule to this notice is acquired over those parts of the land described in the First Schedule as are specified in the Second Schedule (called "the access track") to be forever appurtenant to the land described in the Third Schedule. The easement shall vest in the Crown for telecommunications purposes ("the grantee") on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District-Masterton District
First Schedule
Servient Tenement
Area ha Being
184.9979 Part Lot 1, D.P. 15572, contained in certificate of title 20D/463.
Second Schedule
Access Track
Area m2 Being
1258 Part Lot 1, D.P. 15572; marked "B" on S.O. Plan 37303 (part C.T. 20D/463).
531 Part Lot 1, D.P. 15572; marked "B" on S.O. Plan 37304 (part C.T. 20D/463).
2173 Part Lot 1, D.P. 15572; marked "D" on S.O. Plan 37305 (part C.T. 20D/463).
3516 Part Lot 1, D.P. 15572; marked "D" on S.O. Plan 37306 (part C.T. 20D/463).
987 Part Lot 1, D.P. 15572; marked "D" on S.O. Plan 37307 (part C.T. 20D/463).
Third Schedule
Dominant Tenement
Area m2 Being
6575 Section 1, on S.O. Plan 31724, contained in certificate of title 49B/70.
Fourth Schedule
Additional Rights and Conditions Included in the Easement
1. The grantee shall properly maintain and metal the access track and all culverts and water tables in a proper and serviceable condition and that in the construction
and maintenance of the access track, the grantee will use only suitable clean pit limestone and/or other metal.
2. In the event of the grantee by reason of the use or maintenance of the access track being responsible for the introduction of noxious weeds on to the access track or on to the remaining land of the owner of the land described in the First Schedule to the notice (called "the owner"), the grantee will forthwith take all reasonable steps to eradicate such noxious weeds and be responsible for payment of any damages which may result therefrom of an amount to be assessed pursuant to the provisions of clause 13 hereof.
3. If erosion occurs as the result of construction, maintenance or use of the access track or the discharge of water from any culvert under the access track, the grantee shall promptly take all reasonable measures to arrest such erosion and restore as far as practicable the land to its original condition.
4. The grantee shall not at any time fence the access track or any portion thereof without the prior consent in writing of the owner, provided however that the grantee will at the request of the owner erect a stock proof fence at the top of cuttings along the track where it is deemed necessary for the protection of stock.
5. The owner shall have the right at any time or times to fence along or across such parts of the access track as he may from time to time decide, provided however that if the owner should fence across the access track then the owner will erect at such crossing or crossings a suitable gate or gates or cattle stop or cattle stops to permit the use of the access track by the grantee.
6. The access track shall have a metal surface and shall not be sealed unless a further agreement is entered into with the owner.
7. At the points where the access track enters a road or any adjoining property or properties, the grantee shall provide, erect and maintain at the sole cost of the grantee proper boundary gates which shall be fitted with one padlock to which only the grantee will have keys and another padlock or padlocks to which the grantee shall not have keys and such padlocks to be arranged so that unlocking one padlock shall be sufficient to open the gate and the grantee shall at all times in passing through any gateways situated on any part of the property of the owner close and securely fasten any such gate opened in the course of transit but shall leave in its existing state any gate from time to time left open by the owner and the grantee shall not erect any cattle stops on the access track and in erecting or maintaining such gates the grantee shall not damage any existing fences and shall erect proper posts and strainers.
8. The grantee shall indemnify the owner from and against all loss, injury or damage whether to person, property
or stock suffered by the owner or any other person or persons caused by the grantee or its servants, agents
or contractors, invitees or licensees and resulting from
the construction, maintenance, use and enjoyment by the grantee of the rights hereby granted and will further indemnify the owner against all suits, claims and demands of whatsoever nature arising out of the grantee's construction, maintenance, use and enjoyment of the said rights provided however that the owner will give to the grantee notice of any claim or intended claim as soon as possible after the cause of action arises or the owner receives notice of same.
9. The grantee and its authorised agents, servants and employees shall proceed quietly at all times along the access track so far as the circumstances including
the type of plant and vehicle allow and shall cause as little disturbance to the owner and any stock on the servient land as is reasonably possible.
10. Notwithstanding anything herein contained, the right of access granted to the grantee shall be limited to use for the purposes of the construction, servicing, use and maintenance by or on behalf of the grantee of the microwave system and associated buildings administered by the grantee and if for any reason the use of the
right of access by the Crown is increased then the Crown
shall pay to the owner such additional sum by way of compensation as may be agreed upon or assessed from time to time under the Public Works Act 1928.
11. If at any time hereafter the said building shall cease to be used by the grantee for the present intended purposes then the grantee will at the request in writing and at the expense of the owner execute a surrender of the rights created by this grant but such discharge will not release the grantee from any liability that it may have incurred prior to the date of discharge and the grantee will not assign its rights under this grant.
12. The owner shall be entitled to use the access track for
all farming and domestic purposes and together with
his licensees, invitees, agents, contractors and others
the owner shall have the right to give or grant to the Wairarapa Electric Power Board or other government or local authority or any other person or persons the right to use the said access track on such terms as the owner shall from time to time think fit subject to the agreement of the Crown on maintenance if the granting or such right is such that the cost of maintenance of the access track will be increased.
13. If at any time any dispute or difference arises between the parties in relation to this grant then such dispute or difference shall be referred to and determined by a single arbitrator if the parties can agree on one but otherwise by two arbitrators (to be appointed in writing one by the grantee and the other by the owner) and their umpire to be appointed in writing by such two arbitrators before entering upon the business of reference and that every such reference shall be deemed to be a submission within the meaning of and have all the incidents and consequences of a reference to arbitration or the Arbitration Act 1908 or any then substituting amendment or modification thereof.
Dated at Wellington this 2nd day of December 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2002/7816)