✨ Land Easement Terms
NEW ZEALAND GAZETTE, No. 113 — 8 DECEMBER 2016
| Area | Description |
|---|---|
| m² | |
| 22 | Part Section 22 SO 497346; marked "J" on SO 497346 (balance Computer Freehold Register NA21A/1160). |
| 19 | Part Section 24 SO 497346; marked "K" on SO 497346 (balance Computer Freehold Register NA21A/124). |
| 19 | Part Section 26 SO 497346; marked "L" on SO 497346 (balance Computer Freehold Register NA21A/1204). |
Third Schedule
Noise Fence Maintenance and Access Easement Terms and Conditions
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Interpretation:
a. Noise Fence means the noise fence constructed for the NZ Transport Agency that is located on land held by the Crown for road, and which adjoins the Easement Land.
b. Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2002 except as varied herein.
c. The meaning of any words in these terms shall be that given in paragraph 1 of the Fourth Schedule to the Land Transfer Regulations 2002 where applicable.
d. The Grantor is the registered proprietor for the time being, and shall include all assigns, purchasers and subsequent owners of the Easement Land.
e. The Grantee is the Crown in Gross. -
The Grantee shall have a maintenance and access easement in gross over the Easement Land for the purpose of inspecting, maintaining and replacing the Noise Fence, together with additional rights and powers and subject to the terms and conditions set out herein.
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The rights and powers implied in rights of way under the Property Law Act 2007 are specifically excluded. The provisions relating to rights of way in the Fourth Schedule to the Land Transfer Regulations 2002 are specifically excluded except for clauses 13 and 14 which shall continue to apply.
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The Grantee may for the purpose of exercising any right in relation to the Noise Fence and Maintenance Easement:
a. on the giving of reasonable notice enter on to the Easement land at any time with or without agents consultants, servants, contractors, and workmen with all necessary tools, implements, machinery or equipment provided that the Grantee shall not be required to give notice in an emergency; and
b. remain on the Easement Land for such time as is necessary for the purpose of exercising such right. -
In exercising any rights under clause 4 the Grantee shall:
a. complete any inspection, maintenance and replacement of the Noise Fence as quickly as is reasonably possible;
b. cause as little damage, disturbance inconvenience and interruption to the appurtenant land and to the use of the Easement Land as is reasonably necessary; and
c. forthwith make good any damage done to the appurtenant land including any damage done to any property on the Easement Land. -
To ensure that the Grantee can maintain the Noise Fence the Grantor covenants with the Grantee that the Grantor will not:
a. build or erect any structures or other improvements on the Maintenance Easement Land;
b. carry out any earthworks or stockpiling;
c. allow any vegetation to become established (other than grass);
d. remove or permit the removal of any soil, substance or material; or
e. construct or permit the construction of any driveways;
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NZ Gazette 2016, No 113
✨ LLM interpretation of page content
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Land Declared Road and a Noise Fence Maintenance and Access Easement in Gross Granted—State Highway 16, Te Atatu
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand Declaration, Road, Noise Fence, Easement, Public Works Act 1981, Te Atatu, Maintenance, Access