Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right to convey electricity easement
in gross is acquired over the land of Philip John Herbert, Anne Frances Herbert and Peter Gilmour Macauley described in the First Schedule to this notice upon the
terms and conditions set out in the Second Schedule to this notice and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Far North District
First Schedule
The Grantor's Land
Section 30S Pakaraka Settlement, being all the land in Computer Freehold Register NA1960/72.
Second Schedule
Terms and Conditions
Definitions
"The Grantee" means Her Majesty The Queen;
"The Grantor" means Philip John Herbert, Anne Frances Herbert and Peter Gilmour Macauley;
"The Regulations" means Schedule 4 of the Land Transfer Regulations 2002;
"The Servient Land" means the area marked "A" on SO 436825;
"The Servient tenement" means all the land comprised in Computer Freehold Register NA1960/72.
Rights and Powers
Unless otherwise varied, negative, added to or substituted by this easement, the rights and powers (as relevant) implied
by the Regulations, apply to this easement.
Grantors Obligations
Clause 10(2) of the Regulations is varied by adding the following words at the end of that clause:
"This includes, but is not limited to, the following:
The Grantor shall:
1. Not plant or cause to be planted any plants, trees
or shrubs (excluding pasture grasses) on the servient land that may grow to a height of more than 2 metres above the existing ground level.
2. Not erect or place thereon any buildings, hoardings, signs or other erections or fences on
the servient land at any time.
3. Not park vehicles of any kind, or any caravans, trailers or other machinery on the servient land.
4. Ensure that the servient land is kept clear of any obstruction.
No Compensation
Clause 12(6) of the Regulations is negative and substituted with the following:
12(6) The Grantee is not obliged to compensate the grantor for any damages caused by work undertaken pursuant to the rights of entry pursuant to clause 12.
Miscellaneous
The Regulations are added to by the addition of the following new clauses 15 to 17:
Livestock
The Grantor shall be entitled to graze livestock on the servient land.
Limitation of Liability
Peter Gilmour Macauley ("Macauley") has entered into this Agreement as a trustee of the Philip and Anne Herbert Family Trust ("the Trust"). Macauley has no rights or interest in any assets of the
trust except in his capacity as a trustee of the Trust. Accordingly, his liability under this agreement
will not be personal and unlimited but will be limited to the assets of the trust from time to time ("the limited amount"). If the right of Macauley to be indemnified from the Trust assets has been lost, his liability will become personal but limited to
the extent of that part of the limited amount which cannot be recovered from any other person.
Inconsistency
If there is any inconsistency between the Regulations and the express terms contained in
this notice, the express terms of this notice shall prevail."
Dated at Wellington this 10th day of July 2013.
N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2007/12228)