Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister of Lands, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into the easement described in the Third Schedule to this notice is acquired over the land owned
by the Crown ("the Grantor") described in the First Schedule upon the terms and conditions set out in the
Fourth Schedule to this notice appurtenant to the land
owned by the Crown ("the Grantee") describes in the Second Schedule on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District-Rangitikei District
First Schedule
The Servient Land
Part Section 34 SO 38361 being road to be stopped.
Second Schedule
The Appurtenant Land
Part Section 48 SO 38361 (part Gazette Notice 5314137.4).
Third Schedule
Easement to be Acquired
A right of way easement over part Section 34 SO 38361; marked "A" on SO 414773 ("the Servient Land").
Fourth Schedule
Terms and Conditions
The Grantor grants to the Grantee the right for the Grantee (in common with the Grantor and any other person lawfully entitled) at all times by day and by night to go, pass, and repass, with or without vehicles, machinery, and implements of any kind, over and along the land over which the easement is granted.
The following rights shall apply to the easement in addition to the implied rights prescribed by the Fifth Schedule to the Property Law Act 2007:
1. The rights prescribed as paragraphs 12, 13 and 14 Fourth Schedule to the Land Transfer Regulations 2002.
2. The reasonable contribution as between Grantor and Grantee to the cost of works for the establishment, maintenance, upkeep and repair of the driveway required pursuant to section 2(d) to the Fifth Schedule of the Property Law Act 2007 shall be determined with reference to the use and respective benefit derived from the easement and the works by each of the Grantor
and the Grantee, assuming full and reasonable use by each of them in terms of the easement.
3. The Grantee must not do and must not allow to be done on the servient land anything that may interfere with
or restrict the rights of any other party or interfere
with the efficient exercise of rights of way over the servient land. In particular the Grantee acknowledges and agrees that its right of way shall not let or hinder the use of the servient land for any purpose associated with agricultural, pastoral or forestry uses, or with forestry operations, management or logging.
4. The Grantee shall promptly support at the cost of the Grantor any applications made by the Grantor to authorities or third parties for the purpose of obtaining any statutory or legal approvals and consents to facilitate the grantor's use of the servient land for any purpose associated with agricultural, pastoral or forestry uses, or with forestry operations, management or logging, and shall assist the Grantor in the obtaining of any such statutory or legal approvals or consents required.
5. The meaning of any words in these special conditions shall be that given in paragraph 1 Fourth Schedule to the Land Transfer Regulations 2002 where applicable.
Dated at Wellington this 16th day of March 2009.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2006/11309)