Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares that, an agreement to that effect having been entered into:
(a) A right to drain sewage in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the following variations is hereby acquired over the land described in the First Schedule to this notice and shall vest in the Western Bay of Plenty District Council (“the grantee”); and
(b) 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 the following variations is hereby acquired over the land described in the Second 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 Council
First Schedule
Easement Acquired – Right to Drain Sewage in Gross
Area m2 Description
364 Part Lot 1 DP S32061; marked “A” on SO 389002 (part Computer Freehold Register SA28A/1293).
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, the modifications must prevail.
3. Any maintenance, repair or replacement of the easement facility(ies), 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 the grantor) must be carried out promptly by the grantor and at the grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the grantor must be in proportion to the amount attributable to the act or omission (with
the balance payable in accordance with clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002).
4. The grantee’s rights to the easement facility or facilities under this easement are exclusive.
5. 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.
6. No breach of the terms of this easement by the grantee shall entitle the grantor to cancel or revoke this easement.
7. The grantee is not compelled to drain sewage along the stipulated course or in the stipulated area.
8. 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.
9. 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 9 shall operate as a waiver of the grantor’s rights or remedies
if the grantee breaches any of the provisions of this instrument.
Second Schedule
Easement Acquired – Right to Drain Water and Sewage
in Gross
Area m2 Description
482 Part Lot 2 DP S347756; marked “B” on SO 389002 (part Computer Freehold Register 196150).
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, the modifications must prevail.
3. Any maintenance, repair or replacement of the easement facility(ies), 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 the grantor) must be carried out promptly by the grantor and at the grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the grantor must be in proportion to the amount attributable to the act or omission (with
the balance payable in accordance with clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002).
4. The grantee’s rights to the easement facility or facilities under this easement are exclusive.
5. 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.
6. No breach of the terms of this easement by the grantee shall entitle the grantor to cancel or revoke this easement.
7. The grantee is not compelled to drain water and sewage along the stipulated course or in the stipulated area.
8. 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.
9. 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 9 shall operate as a waiver of the grantor’s rights or remedies
if the grantee breaches any of the provisions of this instrument.
Dated at Christchurch this 3rd day of August 2007.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2005/10913)