Far North District
Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to
that effect having been entered into:
(a) A right of way easement in gross upon the terms and conditions expressed in the Third Schedule to this notice is hereby acquired over the land described in the First Schedule and is vested in the Far North District Council on the date of publication of this notice in the New Zealand Gazette.
(b) A stormwater control easement in gross upon the terms and conditions described in the Fourth Schedule to this notice is hereby acquired over the land described in the Second Schedule and is vested in the Far North District Council on the date of publication of this notice in the
New Zealand Gazette.
North Auckland Land District-Far North District
First Schedule
Right of Way Easement in Gross Acquired
Area
m2 Over
2073 Part Lot 2, D.P. 180178; marked "A" on S.O. Plan 308631 (part certificate of title 111A/682).
Second Schedule
Stormwater Control Easement in Gross Acquired
Area
m2 Over
1431 Part Lot 2, D.P. 180178; marked "B" on S.O. Plan 308631 (part certificate of title 111A/682).
312 Part Lot 1, D.P. 198308; marked "C" on S.O. Plan 308631 (part certificate of title 118C/359).
Third Schedule
The terms and conditions of the right of way easement in gross are those expressed in the Fourth Schedule to the Land Transfer Regulations 2002, modified as follows:
Any maintenance or repair that is necessary
because of any act or omission of the grantor or
the grantee (including their respective agents, employees, contractors and invitees) must be carried
out promptly at the sole cost of that party or in
such proportions as relates to the act or omission.
Fourth Schedule
The rights and powers implied in the stormwater control easement in gross shall generally be those set out in the Fourth Schedule to the Land Transfer Regulations 2002 in relation to a right to drain water but, more specifically, provides for the grantee to, for all time, occupy the land
with a detention dam structure to control the discharge
of floodwater past such structure and to flood such part of the servient land as is necessary for the control of the stormwater.
The grantee will at all times maintain and repair the detention dam and its associated structures and facilities to an appropriate standard to ensure the safety of the dam, and indemnifies the owner of the servient land against any claim, loss or damages suffered by that owner arising from:
(a) Any land slippage resulting from the creation of a batter rather than a retaining wall along the western side of the cut area.
(b) The collapse of the dam or the escape of water from the dam.
The maintenance provisions of the Fourth Schedule to the Land Transfer Regulations 2002 are modified as follows:
Any maintenance or repair that is necessary because of any act or omission of the owner of the servient land (including any agents, employees, contractors or invitees of that owner) must be carried out promptly by that owner or in such proportions as relates to the act or omission.
Dated at Wellington this 15th day of January 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1998/1023)