Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, 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, and pursuant to an agreement to that effect having been entered into, declares a right to use and inspect boreholes for testing land stability is acquired over the land described in the Second Schedule ("the easement land") to this notice and shall vest in
the Crown on the date of publication of this notice in the
New Zealand Gazette. 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 Description
108 Part Lot 2, DP 8296; shown as Section 2 onSO 320944. Part Computer Register 381/125.
Second Schedule
Easement Land
Area m2 Description
63 Part Lot 2, DP 8296; marked "A" on SO 334145. Part Computer Register 381/125.
Third Schedule
Rights and Powers
Definitions:
"servient land" means all the land in Computer Register OT381/125.
1. The Crown shall have the right to operate the boreholes ("the boreholes") on the easement land.
2. The full, free and uninterrupted right for the Crown, its servants, agents, workmen and invitees with any tools, implements, machinery or equipment of whatsoever nature necessary for the purpose, to enter upon and pass and repass by foot over the servient land and to remain there for any reasonable period of time for the purposes of inspecting, cleaning, repairing, maintaining and renewing the boreholes and to take recordings from piezometers and inclometers inserted into the boreholes for the purpose of monitoring land stability and permeability.
3. The owner shall not:
(i) Remove, damage, fill in or interfere with the boreholes in any way; or
(ii) except with the prior written consent of the Crown, grow or allow to be grown any trees, shrubs or bushes of any description which will interfere with the rights granted herein; or
(iii) except with the prior written consent of the Crown, erect or permit any improvements or fences on the easement land which will interfere with the rights granted herein; and
(iv) at any time do anything on the easement land whereby the full and free use and enjoyment by the Crown of the easement rights set out herein are interfered with or affected.
4. 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.
5. 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).
6. 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 Wellington this 22nd day of April 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2000/6092: WN64987)