NEW ZEALAND GAZETTE, No. 99

12 AUGUST 2010

If any objection is made in accordance with this notice, a public hearing will be held with the right of the objector to appear and be heard personally unless the objector otherwise requires, and each objector will be informed of the time and place of the hearing.

Any person requiring further information in respect of this advice should contact Andrew Calnon, The Property Group Limited, Unit B, Level 1, 387A Colombo Street, Sydenham, Christchurch. Postal Address: PO Box 7240, Christchurch 8240. Telephone: (03) 363 5901.

Canterbury Land Registry—Christchurch City

First Schedule

(a) 0.0012 hectares, being part of Lot 1 DP 51890 (part Computer Freehold Register CB35A/619); shown as Section 1 on SO 429287.

(b) An easement in gross to convey electricity and telecommunications over part Lot 1 DP 51890 comprised in Computer Freehold Register CB35A/619; marked “A”, “B”, “C” and “D” on SO 429287 and containing the rights and powers set out in the Second Schedule to this notice.

(c) An easement in gross to convey electricity and telecommunications over part Lot 1 DP 51890 comprised in Computer Freehold Register CB35A/619; marked “A”, “C”, “D”, “E”, “F” and “G” on SO 429287 and containing the rights and powers set out in the Second Schedule to this notice.

The land is located at the corner of Ryans Road and Russley Road, Christchurch.

Second Schedule

Rights and Powers

1. Definitions

(a) “the Servient Owner” shall have the same meaning as “the Grantor” as defined in the Land Transfer Regulations 2002;

(b) “the Dominant Owner” shall have the same meaning as “the Grantee” as defined in the Land Transfer Regulations 2002;

(c) “Equipment” includes cables, lines, wires, cranes, drilling rigs, Vehicles, plant, tools and machinery and all material and items required for the purpose of exercising any of the rights under this easement;

(d) “Land” means the servient tenement which is the land in Computer Freehold Register CB35A/619;

(e) “Vehicles” includes four-wheel drives, motorbikes, cars and trucks, tractors, trailers, graders, pile drivers, drilling rigs, cranes, helicopters, aircraft, excavation and earthmoving equipment, whether wheeled or tracked;

(f) “Working Day” means any day of the week excluding Saturday, Sunday, national statutory holidays and the anniversary days commonly observed in the locality in which the Land is situated; and

(g) “Works” means electrical and telecommunications works and includes all or any part of any cables (including fibre optic cable) either above ground or underground, wires, earthwires, conductors, other apparatus used or intended to be used for the transmission of electricity and telecommunications signals and includes pylons, towers, poles, insulators, foundations, tunnels and other structures, fixtures, electrical substations, and Equipment which the Dominant Owner considers necessary or expedient for the support or protection of the Works or to assist in the efficient and proper use of the Works and shall extend to include all or any roads, access tracks and gates if required and permitted under this easement in order to give full effect to the Dominant Owner’s rights arising under this easement.

2. The Dominant Owner shall have the following rights and powers:

(a) To build, construct, install, lay, remove, inspect, use, operate, repair, maintain, renew, alter, replace, upgrade, add to and modify the Works or any part of the Works on the easement area;

(b) To convey, conduct, send, distribute, pass, convert, transport, transmit and receive electricity and telecommunications signals by means of the Works;

(c) To undertake all tests, inspections, investigations and surveys that are reasonably necessary for the Dominant Owner to exercise its rights under this easement;

(d) To enter and remain on the easement area and such other part of the Land as is reasonably necessary with or without Vehicles, machinery or Equipment for the purposes of exercising the Dominant Owner’s rights under this easement;

(e) To build, construct, inspect, use, repair, maintain, renew, alter, remove and modify roads and access tracks on the Land at the cost of the Dominant Owner to the extent that the Dominant Owner reasonably considers necessary in order to exercise its rights under this easement, provided that the Dominant Owner will obtain the consent of the Servient Owner (which shall not be unreasonably withheld or delayed) before exercising its rights under this clause (except for the right of use) but the Servient Owner is not able to require any payment as a condition of giving its consent and the Dominant Owner will permit the Servient Owner to use the access tracks or roads on terms agreed between the Dominant Owner and the Servient Owner;

(f) To install gates within fences located on the Land and to inspect, use, repair, maintain, renew, alter, remove and modify those gates at the cost of the Dominant Owner to the extent that the Dominant Owner reasonably considers necessary in order to exercise its rights under this easement, provided that the Dominant Owner will obtain the consent of the Servient Owner (which shall not be unreasonably withheld or delayed) before exercising its rights under this clause (except for the right of use) but the Servient Owner is not able to require any payment as a condition of giving its consent;

(g) To clear and keep the easement area clear of trees, shrubs, vegetation, structures, soil, earth, gravel and stone, and to keep the Land clear of any structure or vegetation which is or is likely to be, in the reasonable opinion of the Dominant Owner, a danger or hazard to the safety or operation of the Works; and

(h) To open up the soil of the easement area and excavate or remove timber, vegetation, soil, earth, gravel and stone from the easement area to the extent necessary for the Dominant Owner to exercise its rights under this easement.

3. The Servient Owner must not, without the prior written consent of the Dominant Owner (which will not be unreasonably withheld or delayed), do or allow the following to be done:

(a) Alter or disturb the present grades and contours of the surface of the easement area except in the course of normal farming and grazing operations (but subject to the restrictions set out in this easement).