Pursuant to sections 52(1) and 48 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Nina Weir, Land Information New Zealand, declares that the land described in the Schedule to this notice is to be set apart for education purposes and remain vested in the Crown subject to and together with the right of way easement over the land described in the Second Schedule to this notice (being forever for the benefit of Grantee’s Land described in the Fourth Colum of the Second Schedule) on the terms and conditions described in the Third Schedule to this notice on the date of publication hereof in the New Zealand Gazette.
Gisborne Land District
First Schedule
Land Set Apart for Early Childhood Education Purposes
Area ha |
Description |
0.1472 | Section 1 SO 536980 (Part RT GS5C/615) |
Second Schedule
Easement to be Reserved
Purpose of Easement |
Easement Facility shown as (Plan reference) |
Burdened Land (Grantor’s Land) |
Benefited Land (Grantee’s Land) |
Right of Way |
“A” on SO 536980 |
Section 2 SO Plan 536980 |
Section 1 SO Plan 536980 |
Third Schedule
Terms of the Easements
Unless otherwise provided below, the rights and powers are those prescribe for rights of way by the Fifth Schedule to the Land Transfers Regulations 2018 except that the implied rights are varied as follows:
1. Definitions and Interpretation
In this easement, unless the context requires otherwise:
1.1 Definitions:
Emergency means a situation in which there is probable danger to life or property or immediate risk to life or property;
Repair will include, if necessary, replace;
Working day shall have the same meaning as set out in section 2 of the Public Works Act 1981.
The implied rights and powers are varied by the provisions set out below:
- The Grantee agrees to comply with all health and safety obligations and all applicable health and safety legislation and regulations including Health and Safety at Work Act 2015.
- Both the Grantor and the Grantee agree to work together to consult, co-operate and co-ordinate activities in order to meet each other’s respective health and safety obligations under applicable legislation, regulations and this agreement.
- The Grantee acknowledges that the grant of the easements is made pursuant to section 48 of the Public Works Act 1981. The revocation provision specified in section 48 is hereby excluded.
Dated at Wellington this 28th day of September 2022.
NINA WEIR, for the Minister for Land Information.
(LINZ CPC/2019/20933)