Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Trevor Knowles, Land Information
New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of Brian Christopher Muirhead, Linda Margaret Muirhead and Property & Business Trustees Limited (the "Grantor"), being the land described in the First Schedule to this notice, for the purposes of Sight Lines and Visibility upon the
terms and conditions set out in the Third Schedule to this notice and shall vest in the Crown for the functioning indirectly of a road ("the Crown") as Grantee on the date
of publication hereof in the New Zealand Gazette.
Otago Land District-Queenstown-Lakes District
First Schedule
The Grantor’s Land
Section 1 SO 23647 (Computer Freehold Register OT14B/797).
Second Schedule
Easement to be Acquired
A sight line and visibility purposes easement in gross over that part of the Easement Land marked "A" on SO 432971 ("The Servient Land")
Third Schedule
Definitions:
Easement Rights and Powers and Covenants
1. Definitions:
"Easement Land" means an area of 1349 square metres being part Section 1 SO 23647 (part Computer Freehold Register OT14B/797); marked "A" on SO 432971.
"Grantee" means Her Majesty The Queen for the functioning indirectly of a road.
"Grantor" means Brian Christopher Muirhead, Linda Margaret Muirhead and Property & Business Trustees Limited, together with their successors, administrators and assigns.
"Servient Land" means the land in Computer Freehold Register OT14B/797.
2. Grantor’s Obligations:
2.1 The Grantor shall:
2.1.1 Not plant or cause or allow to be planted any plants, trees or shrubs (excluding pasture grasses) on the Easement Land that may grow to a height of more than 50 centimetres above the existing ground level;
2.1.2 Not erect or place thereon any buildings, hoardings, signs or other erections or fences (other than the boundary fences, provided that such boundary fence shall be constructed of tanalised post and wire or such other materials as may be agreed to by the Grantee) on the Easement Land at any time;
2.1.3 Not park vehicles of any kind, or any caravans, trailers or other machinery on the Easement Land;
2.1.4 Ensure that the Easement Land is kept clear of any obstruction;
2.1.5 Be entitled to graze livestock on the Easement Land.
2.2 The Grantor must not do and must not allow to be done on the Servient Land anything that may interfere with or restrict the rights of the Grantee.
3. Grantee’s Obligations:
3.1 The Grantee shall have the right to have access to the Easement Land at all reasonable times for the inspection of the Easement Land and to ensure the Grantor’s compliance with clause 2.1;
3.2 Not withstanding anything in clause 4, but subject to clauses 3.3 to 3.5 (inclusive), the Grantee shall be entitled to enter onto the Servient Land for the removal without notice of any of the items referred to in clause 2.1.1 and/or the relocation without notice of any of the
items referred to in clauses 2.1.2 to 2.1.3 (inclusive) to adjoining parts of the Servient Land;
3.3 For the purpose of in the exercise of any rights conferred under clause 3.1, the Grantee may:
3.3.1 Enter upon the servient land by a reasonable
route and with all necessary tools, vehicles and equipment; and
3.3.2 Remain on the servient land for a reasonable time for the sole purposes of completing the necessary work; and
3.3.3. Leave any vehicles or equipment on the Servient Land for a reasonable time if work is proceeding; and
3.3.4. Must ensure that as little damage or disturbance as possible is caused to the Servient Land or to the Grantor;
3.4 The Grantee must ensure that all work is performed
in a proper and workmanlike manner and completed promptly;
3.5 The Grantee must immediately make good any damage done to the Servient Land by restoring the surface of the land as nearly as possible to its former condition;
3.6 The Grantee is not obliged to compensate the Grantor for all damages caused to any of the items referred to in clauses 2.1.1 to 2.1.3 (inclusive).
4. Default:
4.1 If the Grantor or the grantee does not meet the obligations implied or specified in this instrument:
4.1.1. The party not in default may serve on the defaulting party written notice requiring
the defaulting party to meet a specific obligation and stating that, after the expiration of seven working days from service of the notice of default, the other party may meet the obligation;
4.1.2 If, at the expiry of the seven working-day
period, the party in default has not met the obligation, the other party may:
(i) meet the obligation; and
(ii) for that purpose, enter the Servient Land;
4.1.3 The party in default is liable to pay the other
party the cost of preparing and serving the
default notice and the costs incurred in meeting the obligation;
4.1.4 The other party may recover from the party in default, as a liquidated debt, any money payable under this clause.
5. Disputes:
5.1 If a dispute in relation to an easement arises between the Grantee and the Grantor:
5.1.1. The party initiating the dispute must provide
full written particulars of the dispute to the other party; and
5.1.2 The parties must promptly meet and in
good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties; and
5.1.3. If the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties):
(i) the dispute must be referred to arbitration
in accordance with the Arbitration Act 1996; and
(ii) the arbitration must be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the District Law Society (being the District Law Society that has its headquarters closest to the land).
Dated at Wellington this 17th day of September 2010.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2006/11647)