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 easement in gross in the First Schedule to convey electricity is acquired and is to be held by the Crown for police, public safety and emergency services communication purposes for the terms set out in the Second Schedule 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.
Taranaki Land District-New Plymouth District
First Schedule
Right to Convey Electricity
Lot 2, DP 5188; marked "D" on SO 333721.
Second Schedule
Definitions and Interpretation
"the electricity easement land" means the area shown marked "D" on SO 333721.
"the owner" means the registered proprietor for the time being of the easement land.
Easement Terms
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.
2. 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.
3. The Crown may, at its own cost, clear from the electricity easement land by any means the Crown thinks necessary any trees or other vegetation, or trim any trees or vegetation overhanging or encroaching the electricity easement land, where the Crown considers that such trees or vegetation:
3.1 Impede access by the Crown on, over or along the electricity easement land;
3.2 Breach any statutory requirement, code of practice, or generally accepted standard as to the minimum clearance of lines above and below ground;
3.3 Are likely to be a danger or hazard to the safety or operation of any line on, over or under the electricity easement land used to convey electricity.
4. The owner accepts no responsibility for subsequent damage to the power line by trees (or by any other event), which originates from trees or vegetation lying outside the electricity easement land and particularly from those trees which the Crown could reasonably have foreseen might cause power line damage.
Dated at Wellington this 4th day of February 2005.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2002/8636)