1486 NEW ZEALAND GAZETTE No. 58

Second Schedule

Canterbury Land District—Ashburton District

Description of Easement

The Mid Canterbury Basketball Association being the registered proprietors of the servient land (hereinafter together with the heirs, successors, assigns called “the association”) and the grantors and the Crown (hereinafter together with its successors, assigns and occupiers of the dominant land and its respective servants [including in that term, school teachers] and licensees [including in that term, school pupils] called “the Crown”) is the grantee of an easement for recreational purposes over the servient land together with the following rights and privileges:

The Crown has, during normal school hours, full right and liberty to pass and repass on foot only and to temporarily remain (for the use of the changing rooms as may from time to time be constructed on the servient land) for all purposes connected with the use and enjoyment, by servants and licensees of the Crown from the adjoining school, of the swimming pool situated on the dominant tenement subject to the following terms and conditions:

1. The grant shall be in common with the association and all other persons having like right. While the association shall do its utmost to ensure that the Crown shall have the right of exclusive use for the summer season between 1 November to 31 March of the year following on such reasonable days and times (being continuous periods of not more than 6 hours in any one day), the association shall not be bound to provide such exclusive use if this would interfere with the use of the said sports stadium by its members or its invitees.

2. The Crown shall covenant with the association and its successors in title to contribute, from time to time, a fair proportion, according to user and the following rules, of the costs of keeping the said footway and changing rooms in clean and tidy condition and repair:

   (a) No rent, or fee of that nature, shall be chargeable or paid by the Crown for the use of the easement.

   (b) The Crown shall be responsible for cleaning the changing rooms for the summer season between 1 November to 31 March of the year following. At the discretion of the Crown the association shall, towards the cleaning of the changing rooms, contribute a fair proportion, according to user. The association’s contribution may be, at its option, in the form of voluntary labour and the provision of cleaning materials at such times. If any difference should arise in determining the cleaning proportion the matter shall be settled and determined by a single arbitrator appointed under the Arbitration Act 1908.

   (c) The Crown shall be responsible for the repair and reinstatement of any damage and vandalism caused by its neglect or default or by the neglect or default of its servants and licensees during the summer season between 1 November to 31 March of the year following. This obligation relates only to the easement and does not affect the association’s decision to insure or carry the risk for the sports stadium.

Third Schedule

Canterbury Land District—Ashburton District

Area
m²

1036 Being Part Rural Section 6572. Balance CT 27B/558. 663 Section 1, S.O. 17907.

Dated at Christchurch this 31st day of May 1995.

R. J. MILNE, Regional Solicitor.

(DOSLI Ch. 40/9/407)

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Land at Ashburton Set Apart for Railway Purposes

Pursuant to section 52 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Regional Solicitor, Department of Survey and Land Information, Christchurch, declares the land described in the Schedule hereto be set apart for railway purposes.

Schedule

Canterbury Land District—Ashburton District

1.8618 hectares, being part Reserve 1923; shown marked “A” on S.O. Plan 19167, lodged in the office of the Chief Surveyor at Christchurch.

Dated at Christchurch this 13th day of April 1995.

R. J. MILNE, Regional Solicitor.

(DOSLI Ch. 30-51307)

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Land at Temuka Set Apart for Road

Pursuant to section 52 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Regional Solicitor, Department of Survey and Land Information, Christchurch, declares the land first described in the Schedule hereto to be set apart for road which, pursuant to section 60 (2) of the Transit New Zealand Act 1989, forms part of the State Highway No. 1 and declares the land secondly described in the Schedule hereto be set apart for land functioning indirectly as a road.

Schedule

Canterbury Land District—Timaru District

Area
m² Being Marked

8419 Part Lots 5 and 6 DP 1682 C
39 Part Lots 5 and 6 DP 1682 B

As shown marked as above mentioned in S.O. Plan 19060, lodged in the office of the Chief Surveyor at Christchurch.

Dated at Christchurch this 9th day of June 1995.

R. J. MILNE, Regional Solicitor.

(DOSLI Ch. 40/72/1/15/8/1)

In3928

Land at Ashley Forest Set Apart for Forest Purposes

Pursuant to section 52 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Regional Solicitor, Department of Survey and Land Information, Christchurch, declares the land described in the Schedule hereto be set apart for forestry purposes.

Schedule

Canterbury Land District—Waimakariri District

61.2700 hectares, being Lot 5 on LT Plan 57214.

Dated at Christchurch this 9th day of June 1995.

R. J. MILNE, Regional Solicitor.

(DOSLI Ch. 6700-08-07)

In3929