Pursuant to section 48 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 right of way easement described in the Second Schedule to this notice is granted over the land described in the First Schedule to this notice upon the terms and conditions set out in the Fourth Schedule to this notice appurtenant to the land described in the Third Schedule
to this notice on the date of publication hereof in the
New Zealand Gazette.
Wellington Land District-Horowhenua District
First Schedule
The Grantor's Land
Section 6 SO 364451, being part of the land comprised in Computer Freehold Register 521303.
Second Schedule
Easement to be Created
A Right of Way over that Part Section 6 SO 364451; marked "A" on SO 429057 ("the Servient Land").
Third Schedule
The Grantee's Land
Part Application Plan 832 (Computer Freehold Register WND4/510).
Fourth Schedule
Terms and Conditions
Definitions
"The Grantor" means Her Majesty The Queen for a Stopped Government Road;
"The Grantee" means Langburn Holdings Limited.
Rights and powers
The Grantor grants to the Grantee the right for the Grantee, the Grantee's servants, tenants, agents, workmen, licensees and invitees (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 Ninth Schedule to the Property Law Act 1952;
1. The rights prescribed at section 12 of the Fourth Schedule to the Land Transfer Regulations 2002.
2. The rights prescribed at sections 13 and 14 of the Fourth Schedule to the Land Transfer Regulations 2002 shall apply to the terms of the easement in respect of any default or dispute other than a default or dispute to which sections 126C to 126F of the Property Law Act 1952 relates. Where a default or dispute is of a subject matter provided for at sections 126C to 126F of the Property Law Act 1952, the disputes resolution process in the Property Law Act 1952 shall apply.
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 rights of way over the servient land.
4. The implied statutory rights as at the date hereof
are express terms of easement and shall apply notwithstanding any subsequent amendment, substitution or repeal.
Dated at Christchurch this 31st day of May 2010.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2004/9991, CPC/2010/14974)