18 APRIL

NEW ZEALAND GAZETTE

Third Schedule

Electricity Easements

29 Part Rural Section 31441, part C.T. 23K/736; shown marked “D” on S.O. Plan 301594.

Fourth Schedule

Appurtenant Land

Fifth Schedule

Terms and Conditions Relating to the Telecommunication Easements

1. The full and free right for the grantee and its servants, agents, contractors and workmen with any tools, implements, machinery, vehicles or equipment of whatsoever nature to enter and re-enter the land for the purpose of maintaining, inspecting, repairing, upgrading, replacing, altering and erecting a microwave repeater station and to use that station for the purposes of telecommunication as defined in the Telecommunications Act 2001.

Sixth Schedule

Terms and Conditions Relating to the Electricity Easements

1. The full and free right for the grantee and its servants, agents, contractors and workmen from time to time and at all times to take, convey and lead electricity in a free and unimpeded flow (except where such flow is halted for any reasonable period necessary for essential repairs) and in any quantity consistent with the rights of other persons having the same or similar rights following the stipulated course by way of poles and overhead cables installed in accordance with all statutory and local authority requirements.

2. The full right for the grantee and its servants, agents, contractors and workmen for the purposes of the easement concerned to construct, use, maintain, repair or upgrade any overhead electricity lines and supporting poles and for such purposes to enter upon the land over which the easement has been granted together with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary for the purpose and to remain there for any reasonable time for the authorised purpose and to open up the soil of the land to such extent as may be necessary and reasonable in that regard subject to the condition that as little disturbance as possible is caused to the surface of the land and that the surface of the land is restored as nearly as possible to its original condition and any other damage done by reason aforesaid operation is repaired.

Seventh Schedule

Terms and Conditions Relating to the Rights of Way, Telecommunication Easements and Electricity Easements

1. There is no obligation on the grantee to pay maintenance for the fencing of the land subject to these easements.

2. The grantee shall have full free, uninterrupted, unrestricted access without charge over and along the rights of way in common with the owner without obstruction or restriction with or without vehicles for all purposes necessary or convenient to the exercise by the grantee of its rights granted under this notice, and the grantee shall have the rights and powers implied in easements of rights of way as set out in the Seventh Schedule of the Land Transfer Act 1952 but those set out in the Ninth Schedule of the Property Law Act 1952 shall not apply.

3. The grantee may maintain and improve the rights of way but shall not be obliged to carry out such work for the benefit of the owner.

4. The grantee shall have the right to keep the rights of way cleared of any vegetation encroaching on or overhanging the rights of way which may impede the grantee’s access over and along the rights of way.

5. In the event of any dispute arising between the grantee and the owner (“the parties”) in respect of or in connection with the easements hereby granted and without prejudice to any other right or entitlement they may have under this notice or otherwise, the parties shall explore whether the dispute can be resolved by use of alternative dispute resolution technique or mediation.

   The rules governing such technique shall be agreed between the parties or as recommended by the New Zealand Law Society or as selected by the Chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution).

   In the event the dispute is not resolved within 28 days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration under the provisions of the Arbitration Act 1996 or any amendment or re-enactment of it.

   The arbitrator shall be agreed between the parties within 10 days of written notice of the referral by the referring party to the other or failing agreement appointed by the President of the New Zealand Law Society and in either case the arbitrator shall not be a person who has participated in any formal dispute resolution procedure in respect of the dispute.

Dated at Christchurch this 5th day of April 2002.

S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/01/6956)
ln2585

Reserves Act 1977

Dedication of Road Reserve as Road

Under the Reserves Act 1977, the Community Relations Manager for the Nelson/Marlborough Conservancy of the Department of Conservation dedicates the reserve for local purpose (road) described in the Schedule as a road.

Schedule
Nelson Land District—Nelson City
227 square metres, more or less, being Lot 44, D.P. 5248.

Dated at Nelson this 22nd day of February 2002.

A. R. WHITE.
(DOC CO RES 090)
ln2638

Revocation of the Reservation Over a Reserve

Under the Reserves Act 1977, the Community Relations Manager of the Canterbury Conservancy of the Department of Conservation revokes the reservation as a recreation reserve over the land described in the Schedule with the effect that the land is now Crown land available for disposal under the Land Act 1948.