Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, Land Information New Zealand:
(a) Pursuant to section 114, declares the land described in the First Schedule to this notice to be road and vested in the Queenstown Lakes District Council on the date of publication hereof in the New Zealand Gazette.
(b) Pursuant to sections 116, 117 and 120, declares the road described in the Second Schedule to this notice to be stopped and when stopped, Section 2 SO 443869 being incorporated with the land in Section 12 SO 443869; Section 3 being amalgamated with the land in Computer Freehold Register 382562, subject to Part IVA of the Conservation Act 1987 and section 11 of the Crown Minerals Act 1991; Section 8 SO 443869 being vested in the Queenstown
Lakes District Council as esplanade reserve and Section
10 SO 443869 being incorporated with the land in
Section 16 SO 369025.
(c) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a pedestrian right of way in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with following variations, is hereby acquired over the land described in the Third Schedule to this notice and shall vest in the Queenstown Lakes District Council ("Grantee") on the date of publication hereof in the
New Zealand Gazette.
Otago Land District-Queenstown Lakes District
First Schedule
Land to be Declared Road
Area
ha Description
0.3626 Section 1 SO 443869 (Crown Land - no title).
0.5372 Section 5 SO 443869 (Crown Land - no title).
0.2398 Section 7 SO 443869 (Crown Land - no title).
0.2971 Section 9 SO 443869 (part Computer Freehold Register 540281).
Second Schedule
Road to be Stopped
Area
ha Description
2.7674 Section 2 SO 443869.
0.3829 Section 3 SO 443869.
1.0753 Section 8 SO 443869.
1.2978 Section 10 SO 443869.
Third Schedule
Description of Land Acquired for Pedestrian Right of Way in Gross
Part Section 30 SO 369025; marked "A" on SO 443869 (part Computer Freehold Register 382562).
Part Section 11 SO 443869; marked "B" on SO 443869.
Part Section 18 SO 369025; marked "C", "G" and "I" on SO 443869.
Part Section 10 SO 443869; marked "E", "F" and "J" on SO 443869.
Rights and Powers Varied and Added
1. DEFINITIONS:
In this instrument unless the context indicates otherwise:
"Stipulated Area" means that part of the Servient Land marked "A", "B", "C", "E", "F", "G", "I", "J" SO 443869.
"Servient Land" is the land owned by the Grantors being:
(a) Cabo Limited in respect of the servient
tenement described as Section 30 SO 369025 (part Computer Freehold Register 382562).
(b) The Department of Conservation in respect
of the servient tenement described as Section
18 SO 369025 and Sections 10 and 11 SO 443869.
2. GRANT OF RIGHT OF WAY EASEMENT
2.1 The Grantor's grant to the Grantee, its employees, contractors, licensees and invitees (in common with the Grantor, the Grantor's tenants and any other person authorised by the Grantee), a pedestrian right of way to pass and repass at all times over and along the Stipulated Area on foot for the purpose of maintaining and repairing the pedestrian accessway along the Stipulated Area.
2.2 The Grantee also has the right, subject to Clause 3, to enter and remain for a reasonable time on the Stipulated Area or any other parts of the Servient Land as are reasonable:
2.2.1 to inspect, maintain, repair or replace the surface of the Stipulated Area; and
2.2.2 full power and authority for the Grantee, its surveyors, engineers, workmen, agents and servants, with or without vehicles, implements, machinery and equipment, from time to time and at all times to enter and remain on those parts of the Servient Land as may be necessary to exercise and enjoy any of the rights, privileges and easements granted by this easement instrument.
3. ACCESS
3.1 The Grantee's right of access in clause 2.2 may be exercised on giving reasonable notice to the Grantors, except in an emergency.
3.2 When obtaining access for the purposes of clause 2.2, the Grantee must cause as little disturbance as possible to the Grantors' use and enjoyment of the Servient Land; and
3.2.1 repair any damage caused by the Grantee to the Servient Land so as to restore it as nearly as possible to its former condition;
3.2.2 not, except while work is being carried out on the Servient Land during maintenance of the pedestrian accessway, leave on the Servient Land any rubbish, debris or obstruction.
4. MAINTENANCE AND REPAIR
4.1 Subject to clause 4.2, the Grantee will be responsible
for maintaining the surface of the Stipulated Area in
a reasonable state of repair as for the purposes of a pedestrian accessway.
4.2 Any damage to the surface of the Stipulated Area that is caused by either party or any person under the control or direction of that party must be made good promptly by that party.
4.3 Any work required to be carried out to repair damage to the surface of the Stipulated Area shall be carried out by a contractor selected by the Grantee.
5. GRANTOR'S OBLIGATIONS
5.1 The Grantors may not place or allow any obstruction
to the use and enjoyment of the pedestrian right of
way, whether by parked vehicle, deposit of materials or unreasonable impediment or otherwise.
5.2 The Grantors may not do anything or allow anything to be done which interferes with or adversely affects the rights of the Grantee under this easement instrument.
5.3 The Grantors shall take all reasonable steps to ensure that their tenants, agents and workmen do not do any wilful or negligent act or thing whereby the pedestrian accessway shall be damaged or destroyed.
5.4 The Grantors shall not at any time permit or suffer any act or thing whereby the powers, rights, liberties, licences and easements granted to the Grantee by this instrument, may be interfered with or affected.
6. NO POWER TO TERMINATE
There is no implied power in this easement instrument for the Grantors to terminate the easement rights due
to the Grantee breaching any term of this easement instrument or for any other reason, it being the intention of the parties that the easement rights continue forever unless surrendered.
7. STATUTORY RIGHTS AND POWERS
The rights in this easement instrument are in addition to those rights set out in the Fourth Schedule to the Land Transfer Regulations 2002 and the rights set out in
the Fifth Schedule to the Property Law Act 2007, but otherwise this easement does not affect any statutory powers which the Grantee may have.
8. DISPUTES
If any dispute arises between the Grantors and the Grantee about the interpretation of this easement instrument or the parties' rights and obligations under this easement instrument which cannot be resolved
by negotiation, the parties must submit at the request
of either party to the arbitration of an independent arbitrator. The arbitrator is to be appointed jointly by
the parties, or if they cannot agree on one within
14 days, by the President for the time being of the District Law Society where the Servient Land is situated. The arbitration will be conducted under the Arbitration Act 1996 and its amendments or any statute which replaces it. The parties' execution of this instrument is to be treated as a submission to arbitration.
Dated at Wellington this 5th day of June 2013.
T. BUCKTHOUGHT, for the Minister for Land Information.
(LINZ CPC/2005/10903)