Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand:
(a) Pursuant to section 114, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for road and shall vest in the Western Bay Plenty District Council;
(b) Declares the land described in the Second Schedule to this notice to be taken, under section 119, and shall vest in the Western Bay Plenty District Council, subject to
rights to drain water over parts marked “A” and “B” on DP S65196, specified in H420019.2; appurtenant hereto is
a right to drain water specified in H420019.2; H420019.2 which is subject to section 309 (1) (a) of the Local Government Act 1974;
(c) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain water and sewage in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with following variations, is hereby acquired over the land described in the Third Schedule to this notice and shall vest in the Western Bay of Plenty District Council (“the grantee”)
on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Western Bay of Plenty District
First Schedule
Land Declared Road
Area m2 Description
5030 Part Lot 2, DP S69651; shown as Section 20 on SO 372592 (part Computer Freehold Register SA55D/943).
Second Schedule
Severance
Area m2 Description
2883 Part Lot 2, DP S69651; shown as Section 29 on SO 372592 (part Computer Freehold Register SA55D/943).
Third Schedule
Easement Acquired for Right to Drain Water and Sewage
in Gross
Area m2 Description
194 Part Section 29, SO 372592; formerly part Lot 2, DP S69651; marked “A” on SO 379208 (part Computer Freehold Register SA55D/943).
342 Part Lot 2, DP S69651; marked “B” on SO 379208 (part Computer Freehold Register SA55D/943).
Rights and Powers Varied and Added
1. Any terms used in this easement that are defined in
the Land Transfer Regulations 2002 shall take those meanings.
2. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 and the modifications in this easement instrument, the modifications must prevail.
3. The grantee shall alone determine both the nature of the easement facility and where, how and when it is to be laid along the stipulated course or in the stipulated area and the agreement of the grantor is not required to any
of these.
4. No breach of the terms of this easement by the grantee shall entitle the grantor to cancel or revoke this easement.
5. The grantee is not compelled to drain water or sewage along the stipulated course or in the stipulated area.
6. Any rights or immunities from liability or powers or remedies which the grantee may have by statute or at common law are not affected by this grant and the grantee shall have those rights or immunities and may exercise those powers or remedies independently of
this grant.
7. The exercise of any rights or powers conferred on the grantee by this instrument shall not entitle the grantor
to the payment of compensation under the provisions
of any enactment or at law but nothing in this Clause
7 shall operate as a waiver of the grantor’s rights or remedies if the grantee breaches any of the provisions
of this instrument.
8. The words “from the dominant land” are deleted from clause 4 (1) in Schedule 4 of the above Regulations.
9. The grantor covenants with the grantee not to place any buildings, erect fences or other permanent structures
on the stipulated course without the prior consent of the grantee and the grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the grantee may be interfered with or affected.
10. The maintenance provisions in the Fourth Schedule to the Land Regulations 2002 are modified by adding the following:
Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the grantee connected to the easement(s) that is necessary because of any act or omission by the grantor (which includes agents, employees, contractors, subcontractors and invitees of that grantor) must be carried out promptly by that owner and at that owner’s sole cost. Where the act or omission is the partial cause of the maintenance, repaid or replacement, the costs payable by that owner responsible must be in proportion to the amount attributable to that act or omission (with the balance payable in accordance with Clause 11 of the Fourth Schedule).
11. The grantee’s rights to the easement facility or facilities under this easement are exclusive.
Dated at Wellington this 6th day of December 2006.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10913)