Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take an easement in gross to convey electricity, telecommunications and computer media (“the Easement Interest”) over the land described in the First Schedule to this notice.
The rights and powers attaching to the Easement Interest are set out in the Second Schedule to this notice.
The Easement Interest is required for the functioning indirectly of a road (State Highway 60 Appleby Transmission Line relocation).
The Easement Interest if taken will subsequently be set apart to vest in Network Tasman Limited, under section 186(4) of the Resource Management Act 1991.
The owners of the land and those persons with a registered interest in it have been served with notice of the Crown’s intention to take the Easement Interest and advised of their right to object.
Any person having the right to object may send a written objection to the Registrar, Environment Court, Tribunals Division, Department for Courts, PO Box 2069, Christchurch, within 20 working days after the date of publication of this notice.
If any objection is made in accordance with this notice, a public hearing will be held with the right of the objector to appear and be heard personally unless the objector otherwise requires, and each objector will be informed of the time and place of the hearing.
Any person requiring further information in respect of this advice should contact Chris Jones at The Property Group Limited, Unit B, Level 1, 387A Colombo Street (PO Box 7240), Sydenham, Christchurch, or telephone (03) 363 5902.
Nelson Land District—Tasman District
First Schedule
Area m2 Description
785 Part Section 111 District of Waimea East(part Computer Freehold Register NL10A/432); shown as Area A on SO 388248 (“the Easement Area”).
This land is located at Appleby, north-west of Richmond.
Second Schedule
Rights and Powers
1. The owner of the Works (together with its successors and assigns) has the right, liberty and privilege now, and at any time hereafter in perpetuity, by way of easement in gross to erect, use, replace, add to and maintain
the Works (as defined herein) on over or under the Easement Area and such other parts of the Land as
are reasonably required for any necessary supporting structures forming part of the Works, together with
the following:
(a) The full, free uninterrupted and unrestricted right, liberty and privilege for the owner of the Works (together with its servants, agents and workmen
with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary for the purposes) to enter upon such part of the Land and
by such route as is reasonably necessary in the circumstances, and to remain there for any reasonable time for the purpose of constructing, using, replacing, adding to and maintaining the Works, and to open up the soil of the Land to such extent as may be necessary or reasonable in that regard provided that as little disturbance as possible is caused to the surface of the Land and the surface is restored as nearly as possible to its original condition, and any other damage done by reason of such operations is repaired.
(b) The right to convey electricity telecommunications and computer media in an unimpeded flow through the Works.
2. The registered proprietor will not at any time hereafter (in perpetuity) place or erect or cause to be placed or erected on any parts of the Easement Area any buildings, paths, drives, walls, fences or other improvements, nor plant any such trees, shrubs or other vegetation to cause any interference with the Works.
3. All works on the Easement Area will at all times remain solely subject to the supervision and control of the owner of the Works and will at all times remain the property of the owner of the Works.
4. The owner of the Works may exercise and enjoy all rights, immunities from liability, powers and remedies to which it now or in the future may possess or be entitled to or have vested in it by virtue of any statute or at common law without being limited or restricted by anything in this notice.
5. In the event of any dispute or difference arising between the registered proprietor and the owner of the Works in any way out of or in connection with this easement, such dispute or difference will be referred at the request of either party to the arbitration of a single arbitrator on the following terms;
(a) The arbitrator is to be jointly agreed upon between the parties.
(b) If the parties fail to agree upon an arbitrator within seven (7) days of notice from one party to the other, either party may require the president of the Nelson District Law Society to nominate an arbitrator and that nomination will bind the parties.
(c) The reference is a reference to a single Arbitration under the Arbitration Act 1996.
(d) The arbitrator’s decision is final and binding and may include:
(i) an order for costs;
(ii) an order for enforcement; or
(iii) interest on moneys payable.
6. The expression “Works” used in this easement means any “electrical installation”, “associated equipment”, “existing works” and “works” all as defined in the Electricity Act 1992, and any installation, equipment, fittings and works of any nature in respect of the exercise by the owner of the Works of the rights created by clause 1.
7. The expression “owner of the Works” used in this easement includes all successors and assigns.
8. The expression “Land” used in this easement means
Part Section 111 District of Waimea East being all of
the land comprised in Computer Freehold Register NL10A/432, Nelson Land Registry.
9. The rights and powers granted by this easement are
in addition to (and not in substitution for) the rights
set out in Schedule 4 of the Land Transfer Regulations 2002, and such rights will be interpreted and applied mutatis mutandis.
Dated at Wellington this 3rd day of April 2008.
HON DAVID PARKER, Minister for Land Information.