4452 NEW ZEALAND GAZETTE No. 135

Second Schedule

Southland Land District—Southland District

Road Stopped

2018 Section 14, Block IV, Mararoa Survey District; as shown “CC” on SO 12037.

As shown on the above-mentioned plan lodged in the office of the Chief Surveyor at Invercargill.

Dated at Invercargill this 9th day of December 1994.

K. McNaught, Manager, Statutory Operations.
(DO SLI In. 956116)

ICL
In9116

Acquiring Easements in Gross over land at Dog Hill and Rileys Hill for a High Frequency Radio Station

Pursuant to section 20(1) and 28 of the Public Works Act 1981 and to a delegation from the Minister of Lands, the Acting District Manager, Department of Survey and Land Information, Blenheim declares that agreements having been entered into that the easements in gross in perpetuity described in the First Schedule are hereby acquired over the land in the Second Schedule and the easements in gross described in the Third Schedule are hereby acquired over the land in the Fourth Schedule and the easements shall vest in the Crown on the date of publication of this declaration in the New Zealand Gazette subject to the terms and conditions set out in the Fifth Schedule.

First Schedule

Second Schedule

(i) 668.1360 hectares, being Lot 1 D.P. 650, and being the land in certificate of title 37/66 Marlborough Registry.

(ii) 2464.9402 hectares, being Section 1, Block XVI, part Section 1, Block XVII, Section 1, Block XVIII and part Section 1, Block XIX, Acheron Survey District and being the land in certificate of title 4D/995 Marlborough Registry.

Third Schedule

Fourth Schedule

1329.2917 hectares, being part Lot 1 D.P. 1047, and being all the land in certificate of title 5A/1009 Marlborough Registry.

Fifth Schedule

1. The Crown shall restore and make good any damage or injury caused to any part of the said land or to animals, trees or improvements thereon arising from the exercise of the rights hereby granted.

2. The full right of the Crown to a right of way easement conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952 over the land described in the Second Schedule hereto on the rights and conditions as hereinafter set forth:

   (a) The full, free, uninterrupted and restricted right, liberty and privilege for the Crown and its invitees, agents and servants to enter on or over the land described in the Second Schedule hereto, with or without vehicles by day or by night for the purpose of obtaining physical access to the land described in the First Schedule thereto provided that:

   (b) The Crown shall construct and maintain the easement area to provide access for vehicles. The Registered Proprietors of the land in the Second Schedule and the Fourth Schedule shall also have the use of the said Right of Way should they so desire.

3. The full right of the Crown to convey electricity conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952 provided that the rights and powers attaching to the right to convey electricity shall be the same as applies to the right to convey water save that “cables” shall be substituted for “pipes” and “electricity” for “water” wherever the words appear in the Seventh Schedule of the Land Transfer Act 1952.

4. The Crown shall, in respect of the right to convey electric power:

   (a) by his workmen, agents or contractors lay an underground power supply cable;

   (b) employ such reasonable engineering and construction practices as to prevent erosion of the track on the right of way easement and to prevent obstruction of the natural drainage;

   (c) be responsible for reinstating the ground as near as practicable to its condition existing prior to laying the cable;

   (d) in the event of damage to the track on the right of way easement, or obstruction to the natural drainage being caused by the construction of the cable ditch or laying of the cable, take reasonable steps to restore the track and remove the obstruction to their condition pertaining prior to the construction or laying of the cable.

5. The Crown shall keep any gates across the track (required for normal farming operations) closed and shall be liable to make good or pay adequate compensation for any damage caused by his agents or servants, to fences, other improvements or livestock and brought about by the exercising of the rights herein contained such damage to include fire damage not only on the owners property described herein but the neighbouring properties resulting from the spread of fire caused by the Crown his servants to agents. In such case the Crown agrees to indemnify the owners against all claims action and proceedings whatsoever arising therefrom.

6. The Crown or its invitees, agents or servants shall not take dogs, livestock or firearms over the right of way.

7. The Crown shall not, without the Owners' prior consent in writing, erect hoardings or notice boards on the right of way. The Owners' consent under this provision shall not be arbitrarily or unreasonably withheld.

Dated at Blenheim this 9th day of December 1994.

R. W. LYSAGHT, Acting District Manager.
(DO SLI BIm. D.O. 6700/01/C1120)

ICL
In9085

Intention to Take Land

The Papakura District Council hereby gives notice that it intends to take the land described in the Schedule hereto.

The land is required for roadworks and forms part of the road lowering works undertaken by the council.

The council considers the taking of the land is reasonably necessary in order to stabilise the land abutting the formed part of the Papakura-Clevedon Road to protect the formed roadway.