Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right to drain sewage as an easement in gross, as set out in Schedule 4 to the Land Transfer Regulations 2002, is hereby acquired and vested in the Taupo District Council on the date of publication of this notice in the New Zealand Gazette over the land described in the First Schedule to this notice (the stipulated course) on the terms and conditions set out in the Second Schedule to this notice.
South Auckland Land District-Taupo District
First Schedule
Parts Lot 2 DP 365480 and Part Lot 3 DP 403073; marked "A", "E" and "F" on SO 434185 (part Computer Freehold Register 500507).
Second Schedule
1. Pursuant to agreements between the parties, the grantor grants to the grantee as an easement in gross the right to drain sewage over the stipulated course.
2. Together with the additional rights and powers set out in this instrument, the easement shall contain the rights and powers implied in such easements in Schedule 4 to
the Land Transfer Regulations 2002 including the modifications contained in this easement. In the event of any conflict between the implied rights and powers contained in the Land Transfer Regulations 2002 and the rights and powers contained in this easement, the rights and powers expressly stated in this easement shall prevail.
3. Subject to the terms in this instrument, the grantee may use the easement for all sewerage purposes in accordance with the Local Government Act 1974 (including any Act amending or replacing the same).
4. The grantor shall have the right to use the stipulated course and covenants with the grantee that the grantor will not at any time:
4.1 Do or permit to be done anything on the servient land which may damage or obstruct the stipulated course or which may prevent the grantee from obtaining reasonable access to the grantee’s sewage pipeline and associated infrastructure (the easement facility).
4.2 Do or permit to be done anything on the servient land which may interfere with or affect the full and free use and enjoyment by the grantee of the rights, powers, licences and privileges granted under this instrument.
4.3 Except with the prior written consent of the grantee, and then only in accordance with such terms and conditions as it may reasonably impose in respect of such consent given:
4.3.1 Plant or cause or allow to be planted any trees larger than 1.5 metres on the stipulated course.
4.3.2 Erect or place thereon or cause or allow to be erected or placed on the stipulated course any buildings or other erections or fences (other than a boundary fence).
5. If in the reasonable opinion of the grantee, the grantor has breached the provisions of clause 4.3, the default provisions set out in clause 13 in Schedule 4 to the Land Transfer Regulations 2002 shall apply.
6. The grantee hereby covenants with the grantor that the grantee will:
6.1 At all times use reasonable care and skill when exercising the rights and powers under this instrument and carry out all works permitted by
this instrument in a good workmanlike manner and as expeditiously as possible.
6.2 Maintain the easement facility in good repair.
6.3 Avoid causing any unnecessary damage to the servient land and, as soon as reasonably practicable following completion of any work, reinstate the surface of the servient land as nearly as possible to its original condition.
6.4 Avoid causing any unnecessary interference with the grantor’s use or enjoyment of the servient land.
6.5 Give prior written notice (at least 48 hours) and consult the grantor before entering the servient land for execution of any works under this instrument except in the case of emergencies.
6.6 Repair and make good all damage to fences, gates and structures upon the servient land caused directly or indirectly by the grantee undertaking any works in furtherance of the rights, powers, licences and privileges granted under this instrument.
6.7 Sufficiently compensate and indemnify the grantor and/or rectify any damage caused to the servient land by any subsequent maintenance or works or defect in the pipeline, where such damage has not been caused by the grantor, nor by the grantor’s lessees or invitees, and the grantor and its lessees or invitees are not responsible for such defects.
7. The grantee in consultation with the grantor may take all reasonable measures which it considers necessary for the safety of persons or property on the servient land in connection with the easement facility, including without limitation the right to erect fences, signs and notices warning of any danger.
8. The grantor shall not be liable for any damages that may be caused to any equipment placed by the grantee on any part of the servient land or otherwise than through the wilful act or default of the grantor or the grantor’s employees, contractors and other invitees.
9. The easement facility placed on the servient land by the grantee, its employees, contractors or any person under its control shall remain the property of the grantee, its employees, contractors or any person under its control and shall not become a fixture on the servient land and upon the expiration or earlier determination of this instrument, the grantee, its employees, contractors or any person under its control shall dismantle and remove the easement facility from the servient land and restore
the servient land to the condition it was in prior to the rights under this instrument being granted.
Dated at Wellington this 10th day of December 2010.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2010/15294 - Landcorp)