Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand:
(a) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the First Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA28A/80;
(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain water in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with following variations in the Fourth Schedule, is hereby acquired over the land described in the Second Schedule
to this notice and shall vest in the Tauranga City Council ("the Grantee");
(c) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain sewage in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with following variations in the Fourth Schedule,
is hereby acquired over the land described in the Third Schedule to this notice and shall vest in the Tauranga City Council ("the Grantee")
on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Tauranga City
First Schedule
Road Stopped and Amalgamated
Area
m2 Description
58
Part Lot 1 DP 37073, Lot 1 DPS 5755, Lot 2 DP 7951, Part Lot 1 DPS 9624, Lot 1 DP 437907 and Lot 3 DPS 9624; shown as Section 1 on SO 410683.
Second Schedule
Easement Acquired for Right to Drain Water in Gross
Area
m2 Description
-
Part Section 1 SO 410683; marked "A" on SO 422536.
Third Schedule
Easement Acquired for Right to Drain Sewage in Gross
Area
m2 Description
-
Part Section 1 SO 410683; marked "B" on SO 422536.
Fourth Schedule
Rights and Powers Varied and Added
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. Where there is a conflict between the provisions of Schedule 4 to the Regulations and the modifications in this easement instrument, the modifications must prevail.
3. The rights and powers set out in paragraphs 4 and 5 of Schedule 4 to the Regulations shall apply PROVIDED HOWEVER that:
(a) reference in clause 4(1) of the Regulations to the Dominant Land shall be deleted for the purpose of this easement instrument; and
(b) clauses 4(3) and 5(3) shall be deleted.
4. The Grantor covenants with the Grantee not to place any buildings or 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.
5. The maintenance provisions in Schedule 4 to the Regulations 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 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 responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of Schedule 4 of the Regulations).
6. The Grantee may convey or discharge water or sewage in any quantities.
7. The Grantee’s rights to the easement facility or facilities under this easement instrument are exclusive.
8. Nothing contained or implied by this easement instrument shall be deemed to compel the Grantee to convey or discharge water along the stipulated course.
9. Any rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or
by statute independently of the grant of this easement instrument.
Dated at Christchurch this 22nd day of December 2010.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2005/10907)