1054 NEW ZEALAND GAZETTE, No. 36 3 APRIL 2014

By virtue of section 186(2) of the Resource Management Act 1991, the effect of any Proclamation taking the easement for the purposes of section 186(1) shall be to vest the land in Top Energy Limited, being the network utility operator responsible for the project instead of the Crown.
Construction of the project is required to meet growth and increasing demand for electricity in the region; and to remedy underlying network weakness which will provide a more secure supply for the region.

The owner of the land and those persons with a registered interest in it have been served with notice of the Minister for Land Information’s intention to take the easement and advised of their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Level 2, 41 Federal Street, Auckland 1010. Postal Address: PO Box 7147, Wellesley Street, Auckland 1141, or to DX CX10086, Auckland, within 20 working days after the date of publication of this notice.

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 Dave Everiss, The Property Group Limited, Level 15, 34 Shortland Street, Auckland 1010. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Telephone: (09) 309 8517.

North Auckland Land District—Far North District

First Schedule

Description
Part Lot 2 DP 197934 (part Computer Freehold Register NA126A/591); marked “A” on SO 471292 (“easement area”).
The land is located at 664 Te Pua Road, Kaikohe.

Second Schedule

1. Grantee’s rights and powers

1.1 The grantee shall have the following rights and powers:

1.1.1 To construct the works and to 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;

1.1.2 to convey, conduct, send, distribute, pass, convert, transport, transmit and receive electricity and telecommunications signals and computer media by means of the works;

1.1.3 to undertake all tests, inspections, investigations and surveys of the easement area that are reasonably necessary for the grantee to exercise its rights under this easement and in so doing the grantee may:

(a) drill for core samples and dig test pits;

(b) install and maintain testing and monitoring equipment;

(c) take away samples from the easement area for analysis;

1.1.4 to enter and remain on the easement area and such other part of the land as is reasonably necessary in the circumstances with or without vehicles, machinery and/or equipment and with such personnel (including its employees, agents, contractors and/or consultants) for the purposes of exercising the grantee’s rights under this easement;

1.1.5 to construct, inspect, use, repair, maintain, renew, alter, remove and modify roads and access tracks on the land, to modify adjacent fences (including boundary fences) on the land and to remove or trim vegetation on the access tracks at the cost of the grantee to the extent that is reasonably necessary for the grantee to exercise its rights under this easement with these rights to be exercised on the following terms:

1.1.5.1 Where any new roads and/or access tracks on the land are to be constructed, such will be constructed by the grantee as far as is practicably possible to enhance the land use operations on the land by the grantor;

1.1.5.2 if during the course of the construction of the works on the land the grantee uses any existing roads and/or access tracks on the land then these will be repaired and/or maintained as is necessary by the grantee so that at the conclusion of the construction of the works such roads and/or access tracks are left in as nearly as possible the same condition as they were in at the time of first entry onto the land by the grantee;

1.1.5.3 if the grantee in the exercise of access to the land for the purposes of inspection, use, repair, maintenance, renewal, alteration, replacement, upgrading, addition to or modification of the works uses roads and/or access tracks on the land, then it shall at the conclusion of such period of access, repair and/or maintain those roads and/or access tracks to ensure that the same are left in as nearly as possible the same condition as they were in at the time of the commencement of the exercise of the grantee’s rights hereunder.

1.1.6 to construct gates within fences (including boundary fences) located on the land and to inspect, use, repair, maintain, renew, alter, remove and modify those gates at the cost of the grantee to the extent that is reasonably necessary for the grantee to exercise its rights under this easement;

1.1.7 to clear and keep the easement area clear of trees, shrubs, vegetation, structures (including fences), earth, gravel and stone, and to clear and keep such other part of the land as is reasonably necessary in the circumstances clear of any trees, shrubs, vegetation, structures (including fences), soil, earth, gravel and stone which is or is likely to be or become, in the reasonable opinion of the grantee, a danger or hazard to the safety or operation of the works, will impede the grantee’s access to the works, or will otherwise interfere with the grantee’s rights under this easement;

1.1.8 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 grantee to exercise its rights under this easement; and