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 easements described
in the First Schedule to this notice are acquired for police, public safety and emergency services communications purposes (Marco Repeater) upon the terms and conditions described in the Second Schedule and shall vest in the Crown on the date of publication of this notice in the New Zealand Gazette.
Taranaki Land District-Stratford District
First Schedule
Easements to be Acquired
A right to convey telecommunications easement in gross,
a right to convey electricity easement in gross and a right
of way easement in gross over those parts of Computer Registers TNH4/436 and TNH4/437 as are specified in the Second Schedule to this notice.
Second Schedule
Easement Terms
Definitions
1.1 The telecommunication easement land means the part
or parts of the servient land marked "H" on S.O. Plan 323388 ("the easement plan").
1.2 The electricity easement land means the part or parts of the servient land marked "A", "B", "C", "D", "E" and "F" on the easement plan.
1.3 The right of way land means that part or parts of the servient land that the Crown may use from time to time for gaining access to the telecommunication easement land and the electricity easement land.
1.4 The servient land is all of Section 124, part Section 75, Section 126 and part Section 7, all in Block X, Pouatu Survey District, being all the land contained in Computer Registers TNH4/437 and TNH4/436 (Taranaki Registry).
Easement Terms
2.0 Easement to Convey Telecommunications
2.1 The easement to convey telecommunications will contain the right and powers implied into easements for a right to convey telecommunications and computer media as set out in the Fourth Schedule to the Land Transfer Regulations 2002, except as such rights and powers are expressly modified below.
3.0 Easement to Convey Electricity
3.1 The easement to convey electricity will contain the rights and powers implied into such easement by the Fourth Schedule to the Land Transfer Regulations 2002, except as such rights and powers are expressly modified below.
3.2 The electricity easement facility through that part of
the servient land shown as "A", "B" and "C" on the easement plan is restricted to lines under the ground.
4.0 Right of Way
4.1 The rights and powers implied into vehicular rights of way by the Ninth Schedule to the Property Law Act 1952 are expressly negatived.
4.2 The right of way shall contain the rights and powers implied into rights of way by the Fourth Schedule to the Land Transfer Regulations 2002, except as such rights and powers are expressly modified below.
4.3 The Crown shall be entitled to build, but shall not be obliged to maintain, an access track suitable for a 4 wheel drive farm utility bike over the servient land to gain access to the telecommunication easement land.
4.4 The location of the access track shall be mutually agreed between the parties, provided that no part of
the access track may be constructed over that part of the servient land that is used by the owner for an airstrip.
4.5 Clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002 (in so far as it relates to the right of way) is negatived.
4.6 The location from time to time of the access track shall be the stipulated area for the purposes of the Fourth Schedule of the Land Transfer Regulations 2002 and the Crown shall not be obliged to survey it.
5.0 In Respect to All Easements
5.1 Except in an emergency, reasonable notice should be given prior to the exercise of any right of entry. Where prior notice is not possible, the Crown shall advise the owner in writing retrospectively.
Dated at Wellington this 18th day of March 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2002/8333)