27 JUNE NEW ZEALAND GAZETTE 1925

Leasehold Estate Acquired for Water Supply Purposes, Easements for a Right of Way and a Right to Convey Water and a Profit A Prendre

—at Lake Tekapo

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand:

(a) Pursuant to sections 20 and 50, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby set apart for water supply purposes and shall vest in the Mackenzie District Council on the date of publication hereof in the New Zealand Gazette.

(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, the land described in the Second Schedule to this notice is subject to a right of way easement in gross in perpetuity granted in favour of the Mackenzie District Council upon the terms and conditions as set out in the Fifth Schedule, and the land described in the Third Schedule to this notice is subject to a right to convey water easement in gross in perpetuity upon the terms and conditions as set out in the Sixth Schedule, and the land described in the Fourth Schedule to this notice is subject to a Profit A Prendre in favour of Computer Interest Register CB529/21, upon the terms and conditions set out in the Seventh Schedule on the date of publication hereof in the New Zealand Gazette.

Canterbury Land District—Mackenzie District

First Schedule

| 0.5675 | Section 1, S.O. Plan 20211 (part CIR CB529/21). |
| 63.2000 | Section 2, S.O. Plan 302575 (part CIR CB529/21). |

Second Schedule

| 2753 | Part Run 344, shown as “J” on S.O. Plan 20211 (part CIR CB529/21). |
| 2795 | Part Run 344, shown as “M” on S.O. Plan 302575 (part CIR CB529/21). |

Third Schedule

| 2915 | Part Run 344, shown as “K” on S.O. Plan 302575 (part CIR CB529/21). |

Fourth Schedule

| 2.0 | Part Section 2, S.O. Plan 302575; shown as “E” on S.O. Plan 302575 (part CIR CB529/21). |

Fifth Schedule

Terms and Conditions

Definitions

1. In this easement, unless the context otherwise requires:

1.1 “Grantor” means part Run 344 and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.2 “Grantee” means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.3 “Right of Way” means a right of way with the rights and powers implied in the Ninth Schedule of the Property Law Act 1952 and the Seventh Schedule of the Land Transfer Act 1952, and its amendments or any enactment passed in substitution.

1.4 “Servient land” means land owned by the grantor contained in CIR CB529/21.

1.5 “Easement land” means that part of the servient land which is marked “J” on S.O. Plan 20211 and “M” on S.O. Plan 302575 and is described in the Second Schedule hereto.

Easement Terms

2. The grantee shall have the full free right, liberty and licence for all time hereafter for their engineers, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times over and along the easement land;

3. The grantor shall be liable solely, for all future costs in laying, maintaining, inspecting, repairing, replacing or altering the Right of Way over the easement land;

4. The grantee shall give to the grantor reasonable notice of the grantee’s intention to enter the servient land (but at any time and without notice in the case of an emergency);

5. The grantee shall make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and

6. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land.

Disputes

7. Any dispute arising out of or in connection with the rights created by this easement shall be resolved by arbitration under the Arbitration Act 1996 and its amendments or any enactment passed in substitution. The arbitrator shall decide the dispute according to the substantive law of New Zealand.

Sixth Schedule

Terms and Conditions

Definitions

1. In this easement, unless the context otherwise requires:

1.1 “Grantor” means part Run 344 and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.2 “Grantee” means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.3 “Line”, “lines”, “works” means any pipe, line of pipes or works of any kind used or intended to be used to convey water and includes any other equipment or material used or intended to be used for line, lines or works both above and below ground levels and includes “existing lines” and “existing works”.

1.4 “Servient land” means land owned by the grantor contained in CIR CB529/21.