Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, 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 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;
(b) The land described in the Second Schedule to this notice is acquired for railway purposes and vested in the Crown;
(c) The easement described in the Third Schedule to this notice is acquired over the land of Mt. Freeth Farm Limited (“the grantor”) upon the terms and conditions described in the Fourth Schedule and shall vest in the Crown for railway purposes (“the grantee”)
on the date of publication of this notice in the New Zealand Gazette.
Marlborough Land District—Marlborough District
First Schedule
Land Acquired for Road
Area m2 Description
5338 Part Section 1, SO 7291; shown as Section 1 on SO 357228 (part Computer Freehold Register MB6B/787).
119 Part DP 467; shown as Section 2 on SO 357228 (part Computer Freehold Register MB24/62).
Second Schedule
Land Acquired for Rail Purposes
Area m2 Description
684 Part DP 467; shown as Section 5 on SO 357228 (part Computer Freehold Register MB24/62).
Third Schedule
Easement Acquired for Rail Purposes
A right of way easement in gross over that part of Section 1, SO 7291 (part Computer Freehold Register MB6B/787); marked “A” on SO 357228 (“the easement land”).
Fourth Schedule
Terms and Conditions – Right of Way
1. The grantor will not grow or permit to be grown any trees, shrubs or bushes of any description nor erect or permit to be erected any improvements or fences on the easement land which will interfere with the rights granted by this instrument and will not at any time hereafter do permit or suffer any act whereby the rights and privileges granted to the grantee are interfered with or affected.
2. The grantee will at all times repair and make good all damage to any fences, gates or erections which may exist on the land of the grantor adjoining the easement land arising from the grantee exercising any or all of its rights under this instrument and will cause as little damage as possible to the surface of the said easement land.
3. The reasonable costs of maintenance of the easement land shall be apportioned in relation to use between the grantor and the grantee.
4. Any dispute as to the terms or the interpretation of this instrument or the liability of the parties will be determined by an arbitrator under the Arbitration Act 1996 or any Act passed in substitution or amendment and this clause shall be deemed to be a “submission” within the meaning of that Act.
Dated at Christchurch this 16th day of August 2006.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2000/6297)