Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kavya Shrivastava, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of Richard David Power, Marianne Lucy Power and John David Harrison Booth (“Grantor”) described in the First Schedule to this notice for the purposes of underground electricity supply in favour of the land described in the Third Schedule, which is in the name of Her Majesty The Queen (“Grantee”), for education purposes upon the terms and conditions set out in the Fourth Schedule to this notice, on the date of publication of this notice in the New Zealand Gazette.
Canterbury Land District—Hurunui District
The Grantor’s Land
Part Section 4 Brooksdale Settlement being part of the land contained in Computer Freehold Register CB26F/444 (“land”).
Easement to be Acquired
Right to Convey Electricity easement over that part of the land marked “A” on LT Plan 524586 (“easement area”).
The Grantee’s Land
Lot 1 DP 11247 being all of the land contained in Computer Freehold Register CB454/143 (“Dominant Land”).
Rights and powers:
The right to convey electricity easement will contain the rights and powers implied by the Fourth Schedule of the Land Transfer Regulations 2002 varied as set out below.
- Clause 11 of the Fourth Schedule of the Land Transfer Regulations 2002 is deleted.
- The Grantee is solely responsible for the construction of the easement facility and the repair and maintenance of the easement facility and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or a nuisance.
- The Grantor and the Grantee acknowledge that the Grantor may, at the Grantor’s sole discretion revoke this easement on three months’ notice without compensation should:
- The swimming pool located on the Dominant Land be demolished or removed; or
- The Dominant Land be sold and as a result of the sale the Dominant Land is no longer operated as an education facility.
- If the Grantor elects to exercise the Grantor’s rights under clause 3, the Grantee will be responsible for all costs associated with decommissioning the infrastructure comprised in the Easement Facility and registration of the surrender of the right to convey electricity easement.
- For the avoidance of doubt, the Grantee will retain ownership of the infrastructure comprised in the Easement Facility during the term of this easement. However, if this easement is surrendered in accordance with clause 3, the Grantee will not be required to (but may at its discretion) remove the infrastructure comprised in the Easement Facility.
- The Grantee will make good any other damage caused by the decommission or removal of the infrastructure comprised in the Easement Facility as set out in clauses 4 and 5.
- The meaning of any words in this Schedule will be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.
- Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.
Dated at Wellington this 10th day of July 2018.
K. SHRIVASTAVA, for the Minister for Land Information.
(LINZ CPC 2016/19157)