NEW ZEALAND GAZETTE

No. 50

1. Right of Way: The full, free uninterrupted and unrestricted right, liberty and privilege for the council, its employees, agents, workmen, licensees and invitees (in common with the registered proprietors from time to time of the servient land and their tenants and other persons lawfully entitled to do so), at all times, by day and by night to pass and repass with or without motor vehicles (laden or unladen), machinery, tools, equipment, implements and material of any kind over and along that part of the servient land marked “B” on S.O. Plan 37211 (hereinafter called “the easement land”).

2. Electricity and/or Gas: The full, free uninterrupted and unrestricted right, liberty and privilege for the council to transmit or convey electric current, gas and other forms of energy in either direction through under and along the easement land together with the rights set out in clause 5 of the Seventh Schedule to the Land Transfer Act 1952, substituting the words “cables, conduits and pipes” for the word “pipes”.

3. Telephone Services: The full, free, uninterrupted and unrestricted right, liberty and privilege for the council to convey telephone services through, under, over and across the easement land together with the rights set out in clause 5 of the Seventh Schedule to the Land Transfer Act 1952, substituting the words “cables and conduits” for the word “pipes”.

4. Right to Convey Water: The full, free, uninterrupted and unrestricted right, liberty and privilege for the council to take, convey and lead water within the meaning of section 90b (1) of the Land Transfer Act 1952, in either direction through under and along the easement land by pipes laid or to be laid under the surface of the easement land. Nothing contained or implied in this easement will compel the council to conduct water through any such pipes. The council may discontinue and recommence the conveyance of water at will.

5. Right to Drain Sewage: The full, free, uninterrupted and unrestricted right, liberty and privilege for the council to drain sewage, within the meaning of section 90b (1) of the Land Transfer Act 1952 in either direction, through under and along the easement land by pipes laid or to be laid under the surface of the easement land. Nothing contained or implied in this easement will compel the council to conduct sewage through any such pipes. The council may discontinue and recommence the drainage of sewage at will.

For the purposes of this easement “sewage” includes sewage, treated effluent and sludge.

6. Stormwater: The full, free, uninterrupted and unrestricted right, liberty and privilege for the council to drain and discharge water (whether rain, tempest, spring, soakage or seepage water), within the meaning of section 90b (1) of the Land Transfer Act 1952, in either direction through, under and along the easement land by pipes laid or to be laid under the surface of the easement land. Nothing contained or implied in this easement will compel the council to drain or discharge water through any such pipes. The council may discontinue and recommence the drainage or discharge of water at will.

The council will also have the full, free, uninterrupted and unrestricted right from time to time and at all times by its employees, agents, workmen, licensees and invitees to enter on the servient land with or without vehicles (laden or unladen), machinery, tools, equipment, implements and material of any kind for all or any of the following purposes, namely:

(a) making on the easement land any cuttings, fillings, grades, batters or other works and remaking or reopening the same;

(b) laying out, excavating and filling in trenches through, along and under the easement land and at any time subsequently reopening or re-excavating the same;

(c) laying in trenches at such depth and in such manner as the council thinks fit, underground electric wires, pipes, cables or other conductors of electricity or gas, other equipment if necessary and any pipes and other coverings within which the council may desire to enclose them; telephone lines and any pipes and other coverings within which the council may desire to enclose them; pipes for the conveyance, discharge and drainage of water and sewage;

(d) inspecting, altering, repairing and renewing and relaying or otherwise maintaining such wires, cables, conductors, pipes and coverings;

(e) doing and carrying out on the easement land all and any such acts, matters or things as may be reasonably necessary for the achievement of any of the foregoing purposes.

In exercising its rights the council will:

(i) keep and maintain all the pipes, cables and conduits laid out for the purposes of the easements in a good and efficient state of repair for the purposes for which they are designed;

(ii) do as little damage as is practicable to the surface of the servient land consistent with the exercise of the council’s rights under the easements and at the conclusion of any work at its own cost make good in a proper and workmanlike manner any fences, buildings or other erections damaged or removed;

(iii) at the conclusion of any work so far as may be reasonably practicable at its own cost restore the surface of the servient land to the condition in which it was immediately prior to the commencement of such work.

The council will indemnify and keep indemnified the owner from and against all loss, costs, expenses, claims and demands made against, suffered or incurred by the owner arising from or in any way relating to the construction or use of the right of way, wires, cables, conductors, pipes and coverings by the council, its employees, agents, contractors, workmen, licensees and invitees.

Third Schedule

Wellington Land District

Part Lot 1, D.P. 77630; (balance C.T. 44D/648).

Dated at Wellington this 23rd day of May 1995.

D. I. GRAY, Manager, Lands and Property.

(DOSLI Wn. D/O PL 5/3/14)

Land Declared to be Road in Hokonui Survey District

Pursuant to section 114 of the Public Works Act 1981 and to a delegation from the Minister of Lands, the Manager, Statutory Operations, Department of Survey and Land Information, Invercargill, declares the land described in the Schedule hereto, to be road, which pursuant to section 60 (2) of the Transit New Zealand Act 1989 shall form part of Riverside-Gore Highway (State Highway 94) and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.