2 AUGUST

NEW ZEALAND GAZETTE

Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Third Schedule to this notice is acquired as an easement forever appurtenant to the land described in the Second Schedule over those parts of the land described in the First Schedule as are specified in the Third Schedule.

The easement shall vest in the Crown for telecommunications purposes (“the grantee”) on the date of publication of this notice in the New Zealand Gazette for the purposes of access to the land described in the Second Schedule and may be surrendered by a further notice in the New Zealand Gazette.

Wellington Land District—Masterton District

First Schedule

Servient Tenement

Area

Being

ha

245.8567 More or less, being parts of Sections 5, 6, 11 and 12, Rangitumau District, contained in certificate of title No. 330/29.

Second Schedule

Dominant Tenement

Area

Being

m²

6575 More or less, being Section 1 on S.O. Plan 31724 contained in certificate of title No. 49B/70.

Third Schedule

Right of Way Easement

A right of way over those pieces of land in the First Schedule described as follows:

Part Section 6, Rangitumau District; shown marked “F” on S.O. Plan 37307.

Part Section 11, Rangitumau District; shown marked “G” on S.O. Plan 37308.

Additional Rights and Conditions Included in the Easement

1. The grantee shall proceed quietly at all times along the right of way so far as the circumstances, including the type of vehicle, allow and shall cause as little disturbance to the grantor and any stock on the servient land as is reasonably possible.

2. The grantee shall be entitled to enter into a maintenance agreement with any other authorised user of the right of way. Notwithstanding any such agreement, the grantee agrees as between the grantor and the grantee to ensure that the right of way is maintained to a good quality four wheel drive standard at the grantee’s expense. In addition, the grantee shall at its option, either alone or in conjunction with other authorised users, maintain the easement land to a higher standard. It is specifically agreed that the grantor shall have no liability for the maintenance of the easement land in the absence of written agreement to that effect from time to time.

3. The grantee shall close all farm gates that have been opened to permit passage along the easement land. If the grantor requires any of the gates to be locked, the grantee shall ensure that such gates are locked immediately after use.

4. The grantee shall indemnify the grantor from and against all loss, injury or damage whether to person, property or stock suffered by the grantor and resulting from the exercise by the grantee of the rights hereby granted, and will further indemnify the grantor against all suits, claims and demands of whatsoever nature arising out of the grantee’s exercise of the said rights.

5. The grantor will not be liable for any loss or damage to the grantee arising from the use of the easement land except where the grantor intentionally causes such loss or damage.

6. The rights and powers implied in easements of right of way, pursuant to the Ninth Schedule to the Property Law Act 1952 and the Seventh Schedule to the Land Transfer Act 1952, shall apply to the easement referred to herein as modified by the provisions contained herein.

7. If the grantee neglects or refuses to perform any obligation under the terms of the easement, the following provisions shall apply:

(i) The grantor may serve on the grantee a written notice (“a default notice”) requiring the grantee to perform such obligation and stating that, after the expiration of 14 days from service of the default notice the grantor may perform such obligation.

(ii) If, at the expiry of the default notice, the grantee still neglects or refuses to perform the obligation, the grantor may perform such obligation.

(iii) The grantee shall be liable to pay to the grantor the costs of the default notice and the costs incurred in performing such obligation.

(iv) The grantor may recover from the grantee as a liquidated debt any moneys payable pursuant to this clause, together with interest thereon at 4% above the base lending rate (or equivalent rate) charged by the grantor’s trading bank at the relevant time.

8. Persons using the easement land under the rights granted by this agreement shall identify themselves to the grantor, or to any agent of the grantor, if requested to do so and shall demonstrate that they have both the right and the need to use the easement land.

9. All differences and disputes which may arise between the parties relating to this agreement and the conditions herein that cannot be resolved by the parties shall be referred to arbitration in accordance with the Arbitration Act 1996 or any amendment or enactment thereof from time to time being in force.

Dated at Wellington this 25th day of July 2001.

R. A. JOLLY, for Minister of Lands by the Minister for Land Information.

(LINZ CPC/1998/1981)

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Road Stopping—Woodstock Road, Fairfield, Hamilton City

Pursuant to sections 116 and 117 of the Public Works Act 1981, and to a delegation from the Minister of Lands, R. J. Sutherland, Land Information New Zealand, declares the road described in the Schedule to be stopped and shall be amalgamated with the land in certificate of title Vol. 813, folio 30, subject to memorandum of mortgage No. B. 425651.3.

Schedule

South Auckland Land District—Hamilton City

Area

Adjoining or Passing Through

m²

85 Lot 15, D.P. 27520; being Section 1 on S.O. Plan 61710.

Dated at Auckland this 28th day of May 2001.

R. J. SUTHERLAND, for Minister of Lands by the Minister for Land Information.

(LINZ CPC/01/7056)

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