Pursuant to sections 24 and 30 of the New Zealand Railways Corporation Act 1981 and sections 20 and 28 of the Public Works Act 1981, Frazer Robert Tweedie, Land and Asset Manager, New Zealand Railways Corporation, pursuant to a power delegated to him, under section 10 of the New Zealand Railways Corporation Act 1981, hereby declares that, pursuant to an agreement having been entered into, a strata easement right of support (for the purposes of construction and maintenance of a retaining wall and anchor supports) in gross in perpetuity and having the rights and powers set out in the Second Schedule is hereby acquired over the land described in the First Schedule and shall vest in the Crown for railway purposes on the date of publication of this notice hereof in the New Zealand Gazette.
Wellington Land District-Wellington City
First Schedule
Easement Purpose Servient Tenement Easement Land
Right of Support Lot 1 DP 46310 and Section 3 SO 429002 (all Computer Freehold Register WN17C/168). Marked "C" and "E" on SO 429002.
Second Schedule
Terms and Conditions of Strata Easement
1. The Crown shall have the right to lay, place, maintain and replace ground anchors and associated equipment
in the Easement Land for the purpose of securing a retaining wall.
2. In order to lay, place, maintain and replace ground anchors and associated equipment, the Crown shall have the right for its servants, agents and workmen with
any tools, implements, machinery or other equipment reasonably necessary to enter the Easement Land for the purposes of laying, placing, maintaining or replacing any ground anchor and its associated equipment subject to the conditions that as little disturbance as possible is caused to the Easement Land, that the Easement Land
is restored as nearly as possible to its original condition and that any other damage done by reason of the aforesaid is repaired at the cost of the Crown to
the satisfaction of the Owner of the Servient Tenement, acting reasonably, in all things.
3. The Crown shall maintain the surface of the retaining wall to a reasonable standard, sufficient to prevent any damage occurring to the Servient Tenement.
4. The Owner of the Servient Tenement shall not do anything in the Easement Land, which would require the ground anchors and associated equipment to be removed or where their efficiency would be reduced to the point where the stability of the retaining wall that they retain would be reduced to a standard, which in the reasonable opinion of the Crown, is unacceptable.
5. The Owner of the Servient Land shall not undertake or permit to be undertaken, any excavation works in the Easement Land, except with the prior written consent of the Crown and then only in accordance with such terms and reasonable conditions as it may impose in respect of such consent.
6. 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.
7. All references to the Owner and the Crown, shall include their successors in title.
Dated at Wellington this 20th day of May 2011.
F. R. TWEEDIE, for the Minister for State Owned Enterprises.
(NZR LAC-151-09)