Pursuant to sections 24 and 30 of the New Zealand Railways Corporation Act 1981 and section 52 of the Public Works Act 1981, the Chief Executive of the New Zealand Railways Corporation hereby declares an easement described in the Second Schedule hereto be set apart in perpetuity over
the land described in the First Schedule hereto upon the terms and conditions set out in the Third Schedule hereto and vested in the Crown for railway purposes (infrastructure maintenance) ("the Grantee").
Wellington Land District-Ruapehu District Council
First Schedule
Land Subject to Easement ("The Servient Land")
Area
ha Description
2.2963
Part Raetihi 4B Block; shown as Section 22 on SO 393634.
m2 Description
8639
Part Section 17 Block IV Makotuku Survey District part Raetihi 4B Block; shown as Section 23 on SO 393634.
Second Schedule
Description of easement
A right to dispose of material on the servient land in gross.
Third Schedule
Terms and Conditions
(1) The full free right liberty and authority in perpetuity
for the Grantee and its engineers, contractors, officers, agents and workmen to do and carry out the following on the servient land:
(a) To enter on to the servient land and to pass and repass with or without machinery or vehicles over and along the servient land at any time and from time to time.
(b) To deposit and leave in place on the servient land at any time and from time to time earth, spoil, gravel, rocks, organic and inorganic debris as may be deemed necessary by the Grantee to ensure the safe and efficient running of the North Island Main Trunk Railway, to protect the railway infrastructure, and to maintain a tidy and hazard free rail corridor.
(2) Any dispute as to the terms or the interpretation of this instrument or the liability of the parties will be determined by an arbiter 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 Wellington this 7th day of April 2009.
F. R. TWEEDIE, for Chief Executive, New Zealand Railways Corporation.
(NZRC LO 31114/27)