Kapiti Coast District
Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Trevor Knowles, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the easements described in the First, Second and Third Schedules to this notice
(“the easements”) are acquired over the land of
the New Zealand Anglican Church Pension Board (“the grantor”) and shall vest in the Crown for police purposes (telecommunication) (“the grantee”) on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District—Kapiti Coast District
First Schedule
Right of Way Easement to be Acquired
A right of way easement over that part of Lot 6, DP 79752 (part Computer Freehold Register WN46A/788); marked “A” and “B” on SO 333637, that part of Lot 5, DP 79753 (part Computer Freehold Register WN46A/791); marked “C” on SO 333637 and that part of Lot 1, DP 79754 (part Computer Freehold Register WN46A/790); marked “D” on SO 333637 (“the access track”) appurtenant to the land described in the Fourth Schedule to this notice together with the rights and powers set out in the Fifth and Sixth Schedules to this notice and the terms, covenants, conditions and restrictions set out in the Ninth Schedule to this notice.
Second Schedule
Electricity Easement to be Acquired
An electricity easement over that part of Lot 6, DP 79752 (part Computer Freehold Register WN46A/788); marked “B” and “E” on SO 333637, that part of Lot 5, DP 79753 (part Computer Freehold Register WN46A/791); marked “C” on SO 333637 and that part of Lot 1, DP 79754 (part Computer Freehold Register WN46A/790); marked “D” and “F” on SO 333637 (“the cable track”) appurtenant to the land described in the Fourth Schedule to this notice together with the rights and powers set out in the Fifth and Seventh Schedules to this notice and the terms, covenants, conditions and restrictions set out in the Ninth Schedule to this notice.
Third Schedule
Telecommunications Easement to be Acquired
A telecommunications easement over that part of Lot 6, DP 79752 (part Computer Freehold Register WN46A/788); marked “B” and “E” on SO 333637, that part of Lot 5, DP 79753 (part Computer Freehold Register WN46A/791); marked “C” on SO 333637 and that part of Lot 1, DP 79754 (part Computer Freehold Register WN46A/790); marked “D” on SO 333637 (“the cable track”) appurtenant to the land described in the Fourth Schedule to this notice together with the rights and powers set out in the Fifth and Eighth Schedules to this notice and the terms, covenants, conditions and restrictions set out in the Ninth Schedule to this notice.
Fourth Schedule
Dominant Tenement
Area m2 Description
3237 Section 8, Block VI, Kaitawa Survey District, contained in Computer Freehold Register 245469 (“the grantee’s land”).
Fifth Schedule
Terms and Conditions
The grantee, its invitees, work persons and consultants may use the land subject to the easements for the purposes
of installing, servicing or operating police radio-communications and telecommunications apparatus on the grantee’s land and for no other purpose.
If the Crown shall at any time transfer lease or otherwise part with title to or possession of the grantee’s land this easement shall automatically be extinguished.
Sixth Schedule
Rights and Powers Included in the Right of Way Easement
All the rights and powers set out in the Fourth Schedule of the Land Transfer Regulations 2002.
Seventh Schedule
Rights and Powers Included in the Electricity Easement
The full, free, uninterrupted and unrestricted right for the grantee, its tenants and any other person lawfully entitled so do from time to time and at all times to take, convey and lead electricity in a free and unimpeded flow (except when such flow is halted for any reasonable period necessary for essential repairs) and in any quantity consistent with rights of other person having the same or similar rights following the stipulated course under or through the land over
which the easement is granted together with the additional rights incidental thereto as set out hereunder.
Eighth Schedule
Rights and Powers Included in the Telecommunications Easement
The full, free, uninterrupted and unrestricted right for the grantee, its tenants and any other person lawfully entitled so to do from time to time and at all times to take, convey and lead telecommunication signals in a free and unimpeded flow (except when such flow is halted for any reasonable period necessary for essential repairs) and in any quantity consistent with rights of other person having the same
or similar rights following the stipulated course under or through the land over which the easement is granted together with the additional rights incidental thereto as set out hereunder.
Additional Rights
The full right for the grantee, its servants, agents or workmen for the purposes of the easement concerned:
(a) to lay, install, use, maintain, repair replace or upgrade:
(i) any lines and/or cables on the cable track; and
(ii) the right of way on the access track.
(b) in order to lay, install, maintain, repair, replace or upgrade such line or cable and right of way the
right for the grantee, its servants, agents and workmen together with any tools implements machinery vehicles or equipment of whatsoever nature necessary for the purpose to enter upon the land over which the easement is granted or created and remain there for any reasonable time for the authorised purpose and to open up the soil of
the land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the land and that the surface of the land is restored as nearly as possible to its original condition and any other damage done by reason of the aforesaid operation is repaired.
Ninth Schedule
Terms, Covenants, Conditions and Restrictions
The terms, covenants, conditions and restrictions attaching to the easements hereby granted are as follows:
1. The grantee will pay an annual maintenance fee
(“the fee”) to the grantor. The following provisions
shall apply:
(i) The fee for the period to 31 August 1996 shall be $2,500.00 plus G.S.T.
(ii) The fee for the year ending on 31 August 1997 shall be the same fee as for the year ended 31 August 1996 plus or minus a percentage equivalent to any percentage variation in All Groups New Zealand Consumer Price Index for the 12 month period ending 31 March 1994.
(iii) The fee for each subsequent year ending on
31 August until 31 August 1997 shall be the same fee as for the immediately preceding 12 month period plus or minus a percentage equivalent to any percentage variation in All Groups New Zealand Consumer Price Index for the 12 month period ending on the preceding 31 March.
(iv) The fee shall be paid in advance on the 1 May in each year.
(v) The grantee shall pay good and services tax on all fee payments.
(vi) If the grantee defaults in payment of the fee for
14 days then the grantee shall pay on demand interest at the rate of 5% above the BNZ base rate from time to time.
2. The grantor may at any time and from time to time use or allow any other person to use the access track and cable track and any other land owned by the grantor for logging or for any other reasonable purpose and shall
not be liable to the grantee for any delay or other consequences of such use so long as such delay or
other consequences are not unreasonable and do not subsist for an unreasonable length of time.
3. The grantor shall not be liable for any damage which may be caused to any property of the grantee other than through the grantor’s own wilful act or default.
4. The grantee shall:
(i) not trespass on any other land of the grantor;
(ii) not block or leave anything on the access track and cable track nor do or permit anything to be done upon it which may be or become a nuisance or annoyance to or cause damage or inconvenience to the grantor or any other person permitted by the grantor to use it;
(iii) ensure that no damage is caused to any of the trees on the grantor’s land and if any trees should encroach on the access track and cable track the grantee shall not damage the trees in any way but shall notify the grantor which will take such action as the grantor deems appropriate;
(iv) not damage any trees, fences, structures or other property of the grantor or its lessees or licensees which may be on the access track and cable track;
(v) not bring animals on to the access track and cable track (without the grantor’s consent) or pollute water on the land;
(vi) take all possible precautions against fire and in particular not:
(a) smoke;
(b) light fires; or
(c) use spark-emitting machinery or vehicles on the access track and cable track;
(vii) comply with the provisions of all statutes, ordinances, regulations and by-laws which apply to or arise out of the use of, or work done on, the access track and cable track by the grantee and also to comply with the provisions of all licences, requisitions and notices issued by any competent authority in respect of the land and applying to or arising out of its use, or work done on it, by the grantee;
(viii) keep the grantor indemnified against all liability, claims, expenses and costs in respect of any property of the grantor on the access track and
cable track and in respect of all damage caused to third parties by it and to maintain public liability insurance of $1,000,000.00 against such damage with an insurer to be approved in writing by
the grantor such approval not to be withheld unreasonably;
(ix) at its own expense, be responsible for arranging:
(a) the installation of the energy supply and telephone service cables at a depth of no less than 0.8 metres; and
(b) the repair and maintenance of the energy supply and telephone service cables so as to keep them in good order, repair and condition and to prevent them becoming a danger or nuisance.
5. The grantee may, at its own expense, carry out such maintenance work on the access track and cable track as it requires subject to:
(i) first having provided to the grantor full particulars in writing of the proposed work;
(ii) having received the grantor’s written consent, based on those particulars, to the work;
(iii) having obtained all necessary governmental and local authority consents in relation to the proposed work and supplied copies of them to the grantor; and
(iv) the grantee carrying out the work at a time to which the grantor has stipulated, at its own discretion in writing.
6. No waiver or failure to act by the grantor in respect of any breach by the grantee shall operate as a waiver
of another breach.
7. Any dispute arising between the parties concerning this grant or its interpretation shall be referred to the award of a single arbitrator if the parties can agree upon one.
If not, the dispute shall be referred to the award of two arbitrators, one to be appointed by each party, and their umpire. In either case the dispute shall be determined in accordance with the provisions of the Arbitration Act 1908 or any Act for the time being in force amending or in substitution for the same.
8. The Grantor’s Address for Service of Notice is: The General Manager, New Zealand Anglican Church Pension Board, Anglican House, 32 Mulgrave Street (P.O. Box 12-287), Wellington.
9. The Grantee’s Address for Service of Notice is: The Property Manager, New Zealand Police, Police National Headquarters, New Zealand Police College (Private Bag 50-040), Porirua. Facsimile: (04) 237 2809.
Dated at Wellington this 28th day of September 2005.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10695)