Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand:
(a) Pursuant to section 20(1), and pursuant to an agreement to that effect having been entered into, declares the land described in the First Schedule to this notice is hereby acquired for road which shall vest in the Nelson City Council;
(b) Pursuant to sections 20(1) and 28, and pursuant to an agreement to that effect having been entered into, declares the easement described in the Second Schedule to this
notice is acquired over the land of Deborah Anne Oliver ("Grantor") described in the Third Schedule to this notice. This easement is to be created upon the terms and conditions set out in the Fourth Schedule to this notice and shall vest in the Nelson City Council ("Grantee")
on the date of publication hereof in the New Zealand Gazette.
Nelson Land District-Nelson City
First Schedule
Land Acquired for Road
Area
m2 Description
28
Part Lot 6 Section 41 City of Nelson; shown as Section 2 on SO 463038 (part Computer Freehold Register NL52/33).
Second Schedule
Easement to be Acquired
A right to enter to inspect, repair, maintain and renew a retaining wall easement in gross over that part of the Servient Tenement marked "A" on SO 463038 ("easement area").
Third Schedule
The Grantor's Land
Part Lot 6 Section 41 City of Nelson (shown as Section 1 on SO 463038), being the balance of the land in Computer Freehold Register NL52/33.
Fourth Schedule
Rights and Powers
Except as provided below, the rights and powers prescribed by the Land Transfer Regulations 2002 shall not apply to this instrument.
1. The Grantee shall have the right at all times to enter upon the easement area with or without any kind of vehicle, machinery or equipment for the purposes
of inspection, repair, maintenance and renewal of the retaining wall situated on the road adjoining the Servient Tenement, and such right shall include the right to
have the easement area kept clear at all times of obstructions (whether by deposit of materials or unreasonable impediment) to the use of the easement area for the purpose described in this clause.
2. The Grantee may exercise and enjoy all rights, immunities from liability, powers and remedies to which it now or in the future may possess or be entitled to or have vested in it by virtue of any statute or at common law without being limited or restricted by anything in this instrument.
3. The Grantor shall not place, or allow to be placed, any building, wall, fence or other structure on or over the easement area without the prior written consent of
the Grantee.
4. In this instrument, Grantee includes the Grantee's successors and assigns.
5. In relation to the easement created herein, the words "Grantor" and "Grantee" shall have the meanings given to them by the Fourth Schedule of the Land Transfer Regulations 2002.
6. The rights and powers set out in clauses 10, 12, 13 and 14 of the Fourth Schedule of the Land Transfer Regulations 2002 shall apply to this instrument.
Dated at Wellington this 12th day of November 2013.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10901)