29 NOVEMBER 2012 NEW ZEALAND GAZETTE, No. 142 4185

17. Health and Safety

(a) The health and safety of any person who enters on the Servient Tenement at the request of the Grantee in exercising the Grantee’s rights and powers under this Easement shall be the sole responsibility of the Grantee in respect of any such claim against the Grantor; and

(b) the Grantee will use its best endeavours to ensure that the Easement Facilities are safe and left in a safe and lawful condition and do not become a danger to the Grantor and the Grantor’s employees and invitees.

18. The Grantee will bear the full costs of the installation of the Easement Facilities and such survey costs as are incurred in the preparation and registration of this Easement, together with the reasonable legal costs, of the Grantor relating to the perusal, execution and registration of this Easement.

Dated at Wellington this 26th day of November 2012.

N. POLLARD, for the Minister for Land Information.

(LINZ CPC/2005/10885)

ln7809

Land Declared Road—Tremaine Avenue, Palmerston North

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares the land described in the Schedule to this notice to be road and shall vest in the Palmerston North City Council on the date of publication hereof in the New Zealand Gazette.

Wellington Land District—Palmerston North City

Schedule

Land Declared as Road

20 Part Section 1796 Town of Palmerston North; shown as Section 1 on SO 388327, being parts AU1B and AU1C and Common Property on Unit Plan DP 88617 (Computer Unit Title Register WN56B/286 and Supplementary Record WN56B/291).

Dated at Wellington this 21st day of November 2012.

N. POLLARD, for the Minister for Land Information.

(LINZ CPC/2005/10827)

ln7684

Land Set Apart for Motorway Purposes—Muri Road, Pukerua Bay

Pursuant to section 52(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares the land described in the Schedule to this notice to be set apart for motorway purposes and to remain vested in the Crown on the date of publication hereof in the New Zealand Gazette.

Wellington Land District—Porirua City

Schedule

1096 Lot 5 DP 5712 (no registration).

Dated at Wellington this 8th day of November 2012.

N. POLLARD, for the Minister for Land Information.

(LINZ CPC/2012/16557)

ln7655

Land Set Apart for Defence Purposes—Braemar, Mackenzie District

Pursuant to section 52(1)(b) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares the land described in the First Schedule to this notice to be set apart for defence purposes and shall remain vested in the Crown, subject to an easement in gross in perpetuity for public and conservation management access granted in favour of Her Majesty The Queen acting by and through the Minister of Conservation under section 12 Reserves Act 1977, on the terms and conditions set out in the Second Schedule on the date of publication of this notice in the New Zealand Gazette.

Canterbury Land District—Mackenzie District Council

First Schedule

6838.9170 Sections 9, 10, 11, 12 and 13 SO 448942.

Second Schedule

Definitions

1. In this easement unless the context otherwise requires:

1.1 "Easement Area" means that part of the Servient Land being 10 metres wide which is marked "K", "L" and "M" on SO 448942.

1.2 "Management Purposes" means:

(a) the protection of a significant inherent value of the land managed by the Grantee; and/or

(b) the ecological sustainable management of the land managed by the Grantee.

1.3 "Servient Land" means the land owned by the Grantor and described in the First Schedule.

1.4 "Grantee" means Her Majesty the Queen acting by and through the Minister of Conservation and includes tenants, agents, contractors, licensees and employees of the Minister of Conservation and the Director-General of Conservation; and for the purposes of clause 2.1 only, includes any member of the public.

1.5 "Grantor" means New Zealand Defence Force as owner of the Servient Land and includes the Grantor’s tenants and invitees.

Standard Easement Terms

Access

2. The Grantee has the right in common with the Grantor:

2.1 To pass and re-pass at any time over and along the Easement Area marked "K", "L" and "M" on foot, or by non-motorised vehicle powered by a person or persons.

2.2 To pass and re-pass at any time over and along the Easement Area marked "K", "L" and "M" on foot, or by non-motorised vehicle, or by motor vehicle, with or without machinery and implements of any kind, for Management Purposes.

3. The Grantor must keep the Easement Area clear at all times of obstructions whether caused by parked vehicles, deposit of materials or unreasonable impediment to the use and enjoyment of the Easement Area, where such event or outcome is caused by or under the control of the Grantor.

Exclusion of Schedules

4. The rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002 and the Fifth Schedule of the Property Law Act 2007 are expressly negatived.