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:
(a) The land described in the First Schedule to this notice is acquired for police, law enforcement, public safety and emergency services, radio communications, broadcasting and telecommunications purposes.
(b) The easement described in the Third Schedule to this notice is acquired as an easement in gross over those parts of the land described in the Second Schedule as are specified
in the Third Schedule. The easement shall vest in the
Crown for New Zealand Police for police, law enforcement, public safety and emergency services, radio communications, broadcasting and telecommunications and access purposes ("the grantee") on the date of publication of this notice
in the New Zealand Gazette and may be surrendered by a further notice in the New Zealand Gazette.
Otago Land District-Waitaki District
First Schedule
Land to be Acquired
Area m2 Description
673 Part Run 201A; shown as Section 1 on SO 308219 (part Computer Interest Register OT338/47).
430 Part Run 201A; shown as Section 2 on SO 308219 (part Computer Interest Register OT338/47).
Second Schedule
Servient Tenement
Area ha Description
12350.4940 Run 201A, Section 4, SO 23073 and Section 2, Block XVI, Longslip Survey District (Computer Interest Register OT338/47).
Third Schedule
Right of Way Easement
A right of way over those pieces of land in the Second Schedule described as follows:
Part Run 201A; marked "A" on SO 308219.
Additional Rights and Conditions Included in the Easement
Definitions and Interpretation
"Easement Land" is the land shown as "A" on SO 308219.
"Grantee" means the Crown for the purposes of police, law enforcement, public safety and emergency services, radio broadcasting and telecommunications.
"Grantor" means the lessee of the servient land and includes their respective successors and assignees.
"Lessee" means the owner of a lease of the servient land and includes their respective successors and assignees.
"Repeater Station" means part of the land known as Part Run 201A and more particularly shown as Sections 1 and 2 on SO 308219.
"Servient Land" means Part Run 201A, Waitaki District and incorporated in the Register as OT338/47.
Rights, Powers, Terms and Conditions of Right of
Way Easement
1. The rights and powers implied in easements of right of way shall be as set out in the Fourth Schedule of the Land Transfer Regulations 2002 insofar as such terms are not inconsistent with any conditions as contained in this agreement, in which case the conditions of this agreement shall prevail.
2. The grantor shall keep the easement land cleared of any vegetation encroaching on or overhanging the easement land which may impede the grantee's access over and along the easement land which shall further be maintained by the grantor at no cost to the grantee.
3. The grantor shall at all times keep and maintain in good condition suitable for use by 4WD vehicles the access track on the easement land to the satisfaction of the grantee.
4. The grantor will not grow or permit to be grown any trees, shrubs or bushes of any description on the easement land, which will interfere with the rights granted by this easement.
5. (a) If in the reasonable opinion of the grantee, the grantor has breached the provisions of clauses 1 to 4 of this Schedule because of any act or omission, and the breach is causing or is likely to cause damage to
or restrict the grantee's access to the repeater
station, the grantee shall notify the grantor of the nature of the breach.
(b) If the grantor receives notice under clause 4, it shall within a reasonable time do anything necessary
to remedy the breach of its covenants under clauses 1 to 4.
(c) If the grantor has not remedied the breach of its covenants under clauses 1 to 4 within a reasonable time of receiving notice, the grantee may, in addition to the rights set out in clause 10 at the grantor's
cost, do anything necessary to remedy the breach, including but not limited to partially or fully removing, relocating, or demolishing that part of
any building or vegetation that in the grantee's reasonable opinion is likely to cause damage to, or restrict the grantee's access to, the repeater station.
6. The grantor shall not, without the prior permission of
the grantee (which will not be unreasonably withheld):
(a) Grant any further rights in respect of the land which result in interference with the rights granted to the grantee under the easement; or
(b) Do or permit or suffer to be done any act which may in the reasonable opinion of the grantee, interfere with or prejudice the rights hereby granted to the grantee.
7. The grantee shall provide the grantor with prior notice
of not less than five working days of its intention to
enter upon the easement land. However, access to the easement land without notice to the grantor may occur under circumstances of emergency.
8. The grantee shall ensure that all gates are kept secure and closed at all times following exit and entry to the easement land to the satisfaction of the grantor.
9. The grantee shall not be required to fence any of the easement land.
10. The grantee may transfer or assign all or any part of its estate or interest granted by this easement to any person or corporation subject to its obtaining the written consent of the grantor which shall not be unreasonably or arbitrarily withheld.
11. (a) In the event of any dispute arising between the grantee and the grantor ("the parties") in respect of or in connection with this transfer and without prejudice to any other right or entitlement they may have under this transfer or otherwise the parties
shall explore whether the dispute can be resolved by use of alternative dispute resolution technique or mediation.
(b) 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).
(c) 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 28th day of September 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2001/6962)