Pursuant to section 52(1)(b) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares the land described in the First Schedule to this notice to be set apart for defence purposes and shall remain vested in the Crown, subject to an easement in gross in perpetuity for public and conservation management access granted in favour of Her Majesty The Queen acting by and through the Minister of Conservation under section 12 Reserves Act 1977, on the terms and conditions set out in the Second Schedule on the date of publication of this notice in the
New Zealand Gazette.
Canterbury Land District-Mackenzie District Council
First Schedule
Area
ha Description
6838.9170 Sections 9, 10, 11, 12 and 13 SO 448942.
Second Schedule
Definitions
1. In this easement unless the context otherwise requires:
1.1 "Easement Area" means that part of the Servient Land being 10 metres wide which is marked "K", "L" and "M" on SO 448942.
1.2 "Management Purposes" means:
(a) the protection of a significant inherent value
of the land managed by the Grantee; and/or
(b) the ecological sustainable management of the land managed by the Grantee.
1.3 "Servient Land" means the land owned by the Grantor and described in the First Schedule.
1.4 "Grantee" means Her Majesty the Queen acting by and through the Minister of Conservation and includes tenants, agents, contractors, licensees
and employees of the Minister of Conservation and
the Director-General of Conservation; and for the purposes of clause 2.1 only, includes any member of the public.
1.5 "Grantor" means New Zealand Defence Force as owner of the Servient Land and includes the Grantor's tenants and invitees.
Standard Easement Terms
Access
2. The Grantee has the right in common with the Grantor:
2.1 To pass and re-pass at any time over and along
the Easement Area marked "K", "L" and "M" on foot, or by non-motorised vehicle powered by a person or persons.
2.2 To pass and re-pass at any time over and along
the Easement Area marked "K", "L" and "M" on foot, or by non-motorised vehicle, or by motor vehicle, with or without machinery and implements of any kind, for Management Purposes.
3. The Grantor must keep the Easement Area clear at all times of obstructions whether caused by parked vehicles, deposit of materials or unreasonable impediment to the use and enjoyment of the Easement Area, where such event or outcome is caused by or under the control of the Grantor.
Exclusion of Schedules
4. The rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002 and the Fifth Schedule of the Property Law Act 2007 are expressly negatived.
Term
5. This easement is to be in perpetuity.
Temporary Suspension
6. The Grantee and Grantor may by agreement, at any time in exercise of her/his powers, temporarily close all or part of the Easement Area for such period as she/he considers necessary.
Dispute Resolution
7. If a dispute arises between the Grantor and Grantee concerning the rights, management and operation created by this easement, the parties are to enter into negotiations in good faith to resolve it.
8. If the dispute is not resolved within 14 days of written notice by one party to the other, it is to be referred to mediation.
9. If the dispute is not resolved within 21 days or such other period as agreed to in writing between the parties after the appointment of the mediator, the parties must submit to the arbitration of an independent arbitrator appointed jointly by the parties or, if one cannot be agreed within 14 days, to an independent arbitrator appointed by the President of the New Zealand Law Society.
10. The arbitration is to be determined in accordance with the Arbitration Act 1996 and its amendments or any enactment passed in substitution.
Notice
11. A notice to be given under this easement by one party to the other is to be in writing and must:
11.1 be hand delivered to the receiving party;
11.2 be sent by ordinary post to the receiving party; or
11.3 be sent by facsimile to the receiving party.
12. If clause 11.2 applies, the notice will be deemed to be received by the receiving party on such date on which the ordinary post would be delivered.
13. If clause 11.3 applies, the notice will be deemed to have been received on the day on which it is dispatched or, if dispatched after 5.00pm, on the next day after the date
of dispatch.
Special Easement Terms
14. The standard easement terms contained above must be read subject to any special easement terms set out below.
15. The Grantee will, in consultation with the Grantor:
15.1 Mark the easement area with poles, along the ridge above the true left of Landslip Creek towards Mt Stevenson.
15.2 Erect and maintain stiles and/or gates.
15.3 Erect and maintain signs informing the public:
(a) of the location of the land managed by the Crown and available for public access and recreation; and
(b) of their rights and responsibilities in relation to the Easement Area; and
(c) of the safety issues associated with the adjoining New Zealand Defence Force Land.
15.4 From time to time, modify the surface of the Easement Area so that it becomes and remains fit for the purpose of clauses 2.1 and 2.2.
15.5 Use whatever reasonable means of access he/she thinks fit over the Easement Area to carry out the works in clause 15.1 to 15.4.
16. The Grantee and the Grantor will develop a Memorandum of Understanding that ensures that public access is managed in a safe and co-ordinated manner.
Dated at Wellington this 23rd day of November 2012.
N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2012/16844)