3 APRIL 2014 NEW ZEALAND GAZETTE, No. 36 1061

grantee and for the time being in force. The easement facility is deemed to be a "public place" for the purposes of those bylaws.

(b) The grantee is entitled to close the easement facility to public access if it reasonably considers that a serious threat exists to the safety of the public, or for maintenance purposes.

5. The pedestrian right of way includes:

(a) The right to establish a walkway, to repair and maintain an existing walkway, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted including clearing by the grantee, by any means, vegetation that impedes access by the grantee;

(b) The right to have the easement facility kept clear at all times of obstructions including any obstruction caused by bush and/or vegetation, that impedes access by the grantee.

6. Nothing in this right of way easement requires the grantor to contribute to the cost of the establishment of any dedicated walkway/footpath.

7. No dedication or vesting of any land in the grantee for road or otherwise is to be implied in the easement or by the exercise of pedestrian access by the public at large.

8. The following provisions of the Fourth Schedule of the Land Transfer Regulations 2002 are deleted:

(a) Clause 6; and

(b) Clauses 11(1) and 11(2).

9. The meaning of any words in this Schedule shall be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.

10. Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.

11. For the avoidance of doubt, the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated, the grant not being a vehicular right of way.

Grantor’s Covenants

12. The grantor covenants with the grantee that it will not at any time do or permit to be done anything on the easement land which may damage or obstruct the easement land or which may interfere with or affect the full free use and enjoyment by the grantee and members of the public of the rights, powers and privileges granted under this easement.

Repair and Maintenance

13. The grantee is responsible for arranging the repair and maintenance of the easement facility, and for associated costs so as to keep the easement facility in good order and to prevent it from becoming a danger or nuisance.

Grantee’s Covenants

14. The grantee hereby covenants with the grantor that the grantee will:

(a) Maintain the easement facility, and keep it in good order and condition;

(b) At all times use reasonable care and skill when exercising the rights powers set out in this instrument.

(c) Avoid causing any unnecessary interference with the grantor’s use or enjoyment of the easement land or the servient land.

15. For the purpose of performing any duty or in the exercise of any rights conferred by this instrument the grantee may:

(a) Enter upon the servient land by a reasonable route with or without vehicles and machinery, engineers, contractors and workers and with all necessary tools and equipment for the purposes of laying, inspecting, replacing and maintaining the easement facility.

(b) Remain on the servient land for a reasonable time for the sole purpose of completing any necessary work in respect of the laying, formation and maintenance of the easement facility.

(c) Leave any vehicle or equipment on the servient land for a reasonable time if work pursuant to clause 15(a) is proceeding.

16. The grantor shall not be liable for any damages which may be caused to any equipment placed by the grantee on any part of the servient land otherwise than through the wilful act or default of the grantor or the grantors employees, contractors and other invitees.

Dated at Wellington this 28th day of March 2014.

T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10908)
ln2043

Land Declared Road and Land Set Apart for the Functioning Indirectly of a Road—

Ruakura Road–Peachgrove Road Intersection, Hamilton City

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Trevor Knowles, Land Information New Zealand:

(a) Pursuant to section 114, declares the land described in the First Schedule to this notice to be road and to remain vested in the Hamilton City Council, excluding mineral interests reserved by section 11 of the Crown Minerals Act 1991.

(b) Pursuant to section 52(4), declares that, on the date of publication of this notice in the New Zealand Gazette, the land described in the Second Schedule to this notice is to be set apart as road reserve subject to the Reserves Act 1977 and to remain vested in the Hamilton City Council.

South Auckland Land District—Hamilton City

First Schedule

Second Schedule

Dated at Wellington this 27th day of March 2014.

T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2013/17243)
ln2013

Land Declared Limited Access Road—State Highway 1 Mackays Crossing, Kapiti Coast District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Trevor Knowles, Land Information New Zealand, declares