New Zealand Gazette – 2016 – No. 79

Page 53

✨ Land Acquisition Notices



NEW ZEALAND GAZETTE, No. 79 — 8 SEPTEMBER 2016

Area ha Being Computer Register Location of Section 19 Public Works Act 1928 Minerals
0.0461 Lot 1 DP 6325. OT14A/59 -
0.2622 Sections 11 and 12 Block LXV DP 953 (leasehold interest only). 458695 -
Lot 2 DP 22137 (leasehold interest only). -
0.1380 Section 1 Block LXVI, Town of Dunedin. OT13D/1196 -
0.0400 Section 2 Block LXVI, Town of Dunedin. OT13D/1195 -
1.0400 Section 2 SO 479910. Part OT13D/1181 OT17/113
OT33/226
OT52/268
OT17/114
0.1012 Lot 1 DP 7908. OT13D/1180 OT370/146
Lot 2 DP 7908. OTB2/498

Second Schedule

Land Over Which Telecommunications and Computer Media Cable Easement is Acquired

That part of Section 4 Block LII, Town of Cromwell; shown marked “A” on SO 479910; over part of Section 1 on SO 479910 (balance Computer Freehold Register OT13D/1181 (“Easement Land”)).

Third Schedule

Terms of the Easement

Rights and Powers in Telecommunications and Computer Media Cable Easement:

The implied rights and powers in the Fourth Schedule to the Land Transfer Regulations 2002 shall apply to the Easement in the Second Schedule.

Fourth Schedule

Encumbrance

For valuable consideration, the owner of all the land in the First Schedule, together with their heirs, successors and assigns (“Encumbrancer”), agrees to encumber all of the lands in the First Schedule (“Land”) for the benefit of Her Majesty The Queen (“Encumbrancee”) for a term of 999 years from the publication date of this notice in the New Zealand Gazette, determinable under Clause 3 hereof with an annual rent charge of $1.00 to be paid in January of each year if demanded, and to covenant with the Encumbrancee to secure compliance by the Encumbrancer with the agreements set out in this encumbrance.

  1. The Encumbrancer acknowledges that the covenants in this Encumbrance are of a permanent nature, and the Encumbrancer shall not be entitled to a discharge of the Encumbrance during the term, whether by payment of the total security or otherwise.

  2. The Encumbrancer covenants with the Encumbrancee that:
    a. the Encumbrancer will not dispose of any or all of the Land without first satisfying its obligations under section 40 of the Public Works Act 1981;
    b. the Encumbrancer will advise the Encumbrancee of the proposed sale; and
    c. if the Encumbrancer sells any or all of the Land before the expiration of five years from the date of publication of this notice in the New Zealand Gazette, the Encumbrancer shall pay 20% of the net proceeds of sale (or such lesser amount agreed by the Encumbrancee) to the Encumbrancee.

  3. This rent-charge shall immediately determine and the Encumbrancer shall be entitled to a discharge of this encumbrance if the covenants expressed herein become obsolete or no longer enforceable or where any sunset provision is enacted amending section 40 of the Public Works Act 1981 which provision makes the

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Gazette.govt.nz — PDF NZ Gazette 2016, No 79




✨ LLM interpretation of page content

🗺️ Land and Easement Acquired for Education Purposes—Dunedin City and Central Otago District (continued from previous page)

🗺️ Lands, Settlement & Survey
8 September 2016
Land Acquisition, Education Purposes, Public Works Act, Otago Polytechnic, Dunedin, Central Otago