Pursuant to sections 20 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 right of way easement in gross is acquired over the land owned by Peter Bernard Chapman (called “the owner”) described in the First Schedule to this notice, upon the terms described in the Second Schedule
to this notice, and is vested in the Crown for police communication purposes.
Marlborough Land District—Marlborough District
First Schedule
Servient Land
Section 32, Block IX, Cape Campbell Survey District, Computer Freehold Register MB5A/1250; marked “A” on SO 6530.
Second Schedule
Terms and Conditions
1. The Crown shall pay to the owner by way of rental for the easement land the sum of six hundred dollars ($600.00) per annum, plus G.S.T. Such rental shall be payable annually in advance on the 1st day of June in each year, the first such payment to take effect from 1 June 2004.
2. The owner acknowledges that the Crown will tender the annual rental by way of cheque drawn on the account of
the New Zealand Police.
3. G.S.T. will only be payable on production of a valid tax invoice prepared in accordance with section 24 of the Goods and Services Tax Act 1985.
4. The owner acknowledges that the easement land provides access to a radio communication station on land leased from Nicholas Webby and Carole Frances Webby, pursuant to a lease dated 16 November 2004 (“the lease”).
5. Save as otherwise provided herein, the easement shall include the rights and powers implied into such easement by the Fourth Schedule to the Land Transfer Regulations 2002.
6. The term of the easement shall commence on 1 June 2004 (“commencement date”) and shall continue for a period of 24 years or until the earlier termination of the lease.
7. Upon termination, both parties shall execute a surrender of the easement in registrable form.
8. The annual rental payable shall be reviewed at the end of each fourth anniversary throughout the term of the easement (each such anniversary called a “review date”) on the following bases:
(a) Within three months prior to each review date, the owner shall give notice to the Crown of the reviewed rental.
(b) The rental shall be increased in accordance with
the cumulative annual increase in the Consumer Price Index (all groups) published by Statistics
New Zealand (or another governmental agency) for each year from the commencement date in the case of the first rent review and for each year from the date of the immediately preceding rent review date in the case of subsequent rent reviews.
9. The Crown acknowledges that the use of the easement land may cause disturbance to the owner’s stock during lambing. The Crown agrees that it will use its best endeavours not to use the easement land in a manner that will unnecessarily disturb the owner’s stock and further agrees that it will not use the easement land during lambing (between mid July to the end of September) in any year, other than in an emergency.
Dated at Wellington this 15th day of March 2005.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2004/10147)