Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take the land and easements described in the First Schedule hereto ("the land").
The land firstly described in the First Schedule to this notice is required for road, namely for construction of the State Highway 1 Christchurch Western Corridor Four Laning (Memorial Avenue-Yaldhurst Road) Project.
The project is required to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 1 and the local road network.
The easements secondly and thirdly described in the First Schedule are required as an indirect requirement of the public work to enable relocation of transmission towers.
The owner of the land and those persons with a registered interest in it have been served with notice of the Crown’s intention to take their land and notified of their right to object.
Any other person having the right to object may send
a written objection to the Registrar, Environment Court,
89 Armagh Street, Christchurch, or by post to PO Box 2069, Christchurch 8140, 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 Andrew Calnon, The Property Group Limited, Unit B, Level 1, 387A Colombo Street, Sydenham, Christchurch. Postal Address: PO Box 7240, Christchurch 8240. Telephone: (03) 363 5901.
Canterbury Land Registry-Christchurch City
First Schedule
(a) 0.0012 hectares, being part of Lot 1 DP 51890
(part Computer Freehold Register CB35A/619); shown as Section 1 on SO 429287.
(b) An easement in gross to convey electricity and telecommunications over part Lot 1 DP 51890 comprised in Computer Freehold Register CB35A/619; marked "A", "B", "C" and "D" on SO 429287 and containing the rights and powers set out in the Second Schedule to this notice.
(c) An easement in gross to convey electricity and telecommunications over part Lot 1 DP 51890 comprised in Computer Freehold Register CB35A/619; marked "A", "C", "D", "E", "F" and "G" on SO 429287 and containing the rights and powers set out in the Second Schedule to this notice.
The land is located at the corner of Ryans Road and Russley Road, Christchurch.
Second Schedule
Rights and Powers
1. Definitions
(a) "the Servient Owner" shall have the same meaning as "the Grantor" as defined in the Land Transfer Regulations 2002;
(b) "the Dominant Owner" shall have the same meaning as "the Grantee" as defined in the Land Transfer Regulations 2002;
(c) "Equipment" includes cables, lines, wires, cranes, drilling rigs, Vehicles, plant, tools and machinery and all material and items required for the purpose of exercising any of the rights under this easement;
(d) "Land" means the servient tenement which is the land in Computer Freehold Register CB35A/619;
(e) "Vehicles" includes four-wheel drives, motorbikes, cars and trucks, tractors, trailers, graders, pile drivers, drilling rigs, cranes, helicopters, aircraft, excavation and earthmoving equipment, whether wheeled or tracked;
(f) "Working Day" means any day of the week excluding Saturday, Sunday, national statutory holidays and the anniversary days commonly observed in the locality in which the Land is situated; and
(g) "Works" means electrical and telecommunications works and includes all or any part of any cables (including fibre optic cable) either above ground or underground, wires, earthwires, conductors, other apparatus used or intended to be used for the transmission of electricity and telecommunications signals and includes pylons, towers, poles, insulators, foundations, tunnels and other structures, fixtures, electrical substations, and Equipment
which the Dominant Owner considers necessary or expedient for the support or protection of the Works or to assist in the efficient and proper use of the Works and shall extend to include all or any roads, access tracks and gates if required and permitted under this easement in order to give full effect
to the Dominant Owner’s rights arising under this easement.
2. The Dominant Owner shall have the following rights and powers:
(a) To build, construct, install, lay, remove, inspect, use, operate, repair, maintain, renew, alter, replace, upgrade, add to and modify the Works or any part of the Works on the easement area;
(b) To convey, conduct, send, distribute, pass, convert, transport, transmit and receive electricity and telecommunications signals by means of the Works;
(c) To undertake all tests, inspections, investigations and surveys that are reasonably necessary for the Dominant Owner to exercise its rights under this easement;
(d) To enter and remain on the easement area and such other part of the Land as is reasonably necessary with or without Vehicles, machinery or Equipment for the purposes of exercising the Dominant Owner’s rights under this easement;
(e) To build, construct, inspect, use, repair, maintain, renew, alter, remove and modify roads and access tracks on the Land at the cost of the Dominant Owner to the extent that the Dominant Owner reasonably considers necessary in order to exercise its rights under this easement, provided that
the Dominant Owner will obtain the consent of the Servient Owner (which shall not be unreasonably withheld or delayed) before exercising its rights under this clause (except for the right of use) but the Servient Owner is not able to require any payment as a condition of giving its consent and the Dominant Owner will permit the Servient Owner to use the access tracks or roads on terms agreed between
the Dominant Owner and the Servient Owner;
(f) To install gates within fences located on the Land and to inspect, use, repair, maintain, renew, alter, remove and modify those gates at the cost of the Dominant Owner to the extent that the Dominant Owner reasonably considers necessary in order to exercise its rights under this easement, provided that the Dominant Owner will obtain the consent of the Servient Owner (which shall not be unreasonably withheld or delayed) before exercising its rights under this clause (except for the right of use) but the Servient Owner is not able to require any payment as a condition of giving its consent;
(g) To clear and keep the easement area clear of trees, shrubs, vegetation, structures, soil, earth, gravel and stone, and to keep the Land clear of any structure or vegetation which is or is likely to be, in the reasonable opinion of the Dominant Owner, a danger or hazard to the safety or operation of the Works; and
(h) To open up the soil of the easement area and excavate or remove timber, vegetation, soil, earth, gravel and stone from the easement area to the extent necessary for the Dominant Owner to exercise its rights under this easement.
3. The Servient Owner must not, without the prior written consent of the Dominant Owner (which will not be unreasonably withheld or delayed), do or allow the following to be done:
(a) Alter or disturb the present grades and contours
of the surface of the easement area except in the course of normal farming and grazing operations (but subject to the restrictions set out in this easement) or otherwise with the prior written consent of the Dominant Owner on each occasion;
(b) Erect any fence, building or other structure on the easement area;
(c) Plant any vegetation on the easement area;
(d) Operate any Equipment or Vehicles on the easement area within a minimum clearance distance of
four metres from any electricity transmission line conductor;
(e) Excavate or deposit material on the easement area;
(f) Impede the Dominant Owner’s access over the easement area and any agreed access routes over the Land and will not damage the surface of the agreed access routes;
(g) Knowingly cause or permit flooding of the easement area; or
(h) Light any fires or burn off vegetation within
the easement area or within 500 metres of the easement area.
4. The Dominant Owner will cause as little disturbance as reasonably possible to the surface of the Land and the easement area, will restore the surface of the easement area and any other part of the Land which is disturbed by the Dominant Owner to as close as reasonably possible to its condition before the exercise by the Dominant Owner of its rights under this easement, and will make good any other direct physical damage caused by the exercise of the Dominant Owner’s rights.
5. The Dominant Owner will bear the costs of managing vegetation on the easement area including removing trees and other vegetation and controlling weeds to
the requirements of any relevant Statute, Regulation, standard, code of practice or any competent authority (including district and regional councils) but will not
be responsible for the cost of removing any vegetation which is planted by the Servient Owner in breach of this easement.
6. The Works, Equipment and Vehicles or any other property of the Dominant Owner will not, for any reason, become the property of the Servient Owner.
7. (a) If any dispute arises between the Servient Owner and the Dominant Owner concerning the rights and obligations contained within this easement, the parties will enter into negotiations in good faith to resolve the dispute, or utilise any informal dispute process they mutually agree upon.
(b) If the dispute is not resolved, any party may at
any time serve a mediation notice on the other
party requiring the dispute be referred to mediation. The mediation notice shall set out the nature
of the dispute.
(c) The parties shall in good faith endeavour to agree upon a mediator within five working days of the date of service of the mediation notice. The mediator’s costs are to be borne equally by the parties.
(d) If the dispute is not resolved within 20 working days of the date on which the mediation notice was served, the parties will submit to the arbitration of
an independent arbitrator appointed jointly by the parties.
(e) If the parties cannot agree on the arbitrator within a further 10 working days, the president or his or her nominee for the time being of the New Zealand Law Society will appoint an independent arbitrator in the area.
(f) The arbitration proceedings will be conducted in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.
Dated at Auckland this 17th day of July 2010.
HON MAURICE WILLIAMSON, Minister for Land Information.