Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Arthur Ross Marbeck, Land Information New Zealand:
(a) Declares that, pursuant to section 52, the land described in the First Schedule to this notice is to be set apart for railway purposes and to remain vested in the Crown on the date of publication hereof in the New Zealand Gazette; and
(b) Declares that, pursuant to section 48, the land described as Section 2, S.O. Plan 327309 in the First Schedule to this notice is subject to the following easements in gross in perpetuity shown on S.O. Plan 327309 as;
(i) right of way marked "A" and "B", right to convey electric power marked "C" and "D" and a right to convey water marked "L", all in favour of
New Zealand Railways Corporation;
(ii) a right to convey water marked "E" and "F" in favour of Ashburton District Council; and
(iii) a right to convey telecommunications marked "H", "A", "I", "C", "J", "E" and "K" in favour of Telecom New Zealand Limited,
All the easements contained in this Gazette notice are subject to the rights and powers implied under Schedule 4 of the Land Transfer Regulations 2002; and
(c) Declares that, pursuant to section 236, the land described as Section 3, S.O. Plan 327309 in the First Schedule to this notice is subject to a viewline restrictive covenant shown marked "G" on S.O. Plan 327309, upon the conditions set out in the Second Schedule to this notice on the date of publication hereof in the New Zealand Gazette.
Canterbury Land District-Ashburton District
First Schedule
Area ha
4.7696 Section 1, S.O. Plan 327309.
1.8044 Section 2, S.O. Plan 327309.
5.7922 Section 3, S.O. Plan 327309.
0.2844 Section 4, S.O. Plan 327309.
Second Schedule
Conditions
Not to do nor allow nor cause to be done on all the land shown marked "G" within Section 3, S.O. Plan 327309, anything that may obstruct or tend to obstruct the view of the railway from Gills Road which crosses the railway on the Main South Line at Hinds, nor plant or erect any trees, shrubs, buildings, structures or any other works of any description which might tend to obstruct the view or interfere with railway operations.
Disputes
Any dispute arising out of or in connection with the rights created by this restrictive covenant shall be resolved by arbitration under the Arbitration Act 1996 and its amendments or any enactment passed in substitution.
The arbitrator shall decide the dispute according to the substantive law of New Zealand.
Dated at Wellington this 15th day of March 2004.
A. R. MARBECK, for the Minister for Land Information.
(LINZ CON/50251/09/15488/A)