NEW ZEALAND GAZETTE

No. 58

Easements in Gross to Transmit Electricity Acquired in Tauranga District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor of the Department of Survey and Land Information, Hamilton, declares that, an agreement to that effect having been entered into, between Her Majesty the Queen (hereinafter called "the owner") and The Tauranga Electric Power Board (hereinafter called "the board"), easements in gross for the right to transmit electricity as described in the First Schedule hereto (hereinafter called "the easements") are hereby acquired over the owner’s land described in the Second Schedule hereto (hereinafter called "the land") and further declares that the said easements shall vest in the board on the date of publication hereof in the Gazette.

First Schedule

Description of Easement

a. To transmit and distribute electricity through transformers, equipment cables and wires installed on or in the easements to nearby consumers; and

b. To install, maintain, inspect, repair, replace, or add to electrical equipment on the easements (including lines, conduits, cables, terminals, supply points, transformers, manholes, boxes, or any other equipment the board considers necessary or desirable for the transmission and distribution of electricity).

AND for the above purposes, the board, its employees, contractors, or agents and all persons having business with it concerning the transmission or distribution of electricity, shall have the full free and unrestricted liberty and licence—

a. To enter and re-enter on the land on foot or by any reasonable mode of transport.

b. To take on to the land all necessary tools, materials, machinery and equipment.

c. To carry out on the easements such works as are required for the exercise of the powers and authorities hereby granted.

AND the owner and the board agree:

1. The board will in exercise of the powers hereby granted, take reasonable and proper care not to damage any property of the owner.

2. The owner shall not permit the growth of any trees, shrubs, or other vegetation, or the erection or establishment of any structure, whatsoever, on the easements which:

   (a) In the opinion of the board or its appropriate officer may interfere with the board’s operations; or

   (b) Endanger or cause nuisance to the board’s operations, works, employees, agents, or contractors, in the course of their duties; or

   (c) Transgress any bylaw of the board or any statutory regulation relating to the board’s electricity works, installations, distribution equipment, or other property.

3. All works and installations constructed by the board on the easements, shall remain at all times, subject to the supervision and control of the board and shall be deemed to remain the property of the board.

4. The board shall not be deemed to have or to be free to exercise in connection with the foregoing grants and easements, all authority, power, rights and remedies vested in it by law with regard to its works and installations and the supply of power and its operations generally.

5. The board may exercise and enjoy all rights, immunities from liability powers and remedies, 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 grant of easements.

6. The board may exercise all or any of the rights, privileges, liberties and licences contained or implied herein, either together, with or independently of any of such as may be vested in the board at common law or by statute.

7. If any dispute or difference arises out of these easements or relating to its interpretation, the matter shall be submitted at the request of either party to the arbitration of a single arbitrator on the following terms:

   a. Arbitrator to be jointly agreed by the parties;

   b. Failing agreement within 7 days as nominated by the President of The Hamilton District Law Society;

   c. The reference shall be deemed to be a reference to arbitration under the Arbitration Act 1908;

   d. The arbitrator’s decision shall be final and binding and may include—

   (i) Order for costs;

   (ii) Order for enforcement;

   (iii) Interest on monies payable.

Second Schedule

South Auckland Land District

All those pieces of land situated in Block XIV, Tauranga Survey District, being FIRSTLY part Section 1, S.O. 59532; as shown marked “A” on S.O. Plan 59532, lodged in the office of the Chief Surveyor at Hamilton and SECONDLY, those parts of Lot 2, D.P. S. 62035; as shown marked “A” and “B” on D.P. S. 62035. Parts of certificate of title No. 51B/983.

Dated at Hamilton this 23rd day of April 1993.

W. G. KORVER, District Solicitor.

(DOSLI Hn. SGP 554)

ICL

3450

Land Acquired for Police Purposes (Greerton Community Policing Centre) in Tauranga District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor of the Department of Survey and Land Information, Hamilton, declares that, an agreement to that effect having been entered into, the land described in the Schedule hereto, is hereby acquired to easements in gross for the right to transmit electricity created by Gazette notice B __, for police purposes (Greerton Community Policing Centre) and shall vest in the Crown on the date of publication hereof in the Gazette.

Schedule

South Auckland Land District

2306 square metres, situated in Block XIV, Tauranga Survey District, being Section 1, S.O. 59532; as depicted on S.O. Plan 59532, lodged in the office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 23rd day of April 1993.

W. G. KORVER, District Solicitor.

(DOSLI Hn. S.G.P. 554)

ICL

3451

Land Acquired for Soil Conservation and River Control Purposes in Western Bay of Plenty District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Hamilton, declares that, an agreement to that effect having been entered into, the land described in the Schedule hereto, is hereby acquired for soil conservation and river control purposes and shall vest in The Bay of Plenty Regional Council on the date of publication hereof in the Gazette.