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) The land described in the First Schedule to this notice is hereby acquired for water supply purposes and shall vest in the Opotiki District Council;
(b) The land described in the Second Schedule to this notice is hereby acquired for road and shall vest in the Opotiki District Council;
(c) An easement in gross to convey water is hereby acquired over the land described in the Third Schedule to this notice on the terms and conditions described in the Fourth Schedule to this notice and shall vest in the Opotiki District Council;
(d) A covenant to restrict spraying is hereby acquired over the land described in the Fifth Schedule to this notice on the terms and conditions described in the Sixth Schedule to this notice and shall vest in the Opotiki District Council;
(e) The land described in the Seventh Schedule to this notice is subject to a right to convey water on the terms and conditions described in the Ninth Schedule to this notice;
(f) The land described in the Eighth Schedule to this notice is subject to a right to drain water on the terms and conditions described in the Ninth Schedule to this notice
on the date of publication hereof in the New Zealand Gazette.
Gisborne Land District-Opotiki District
First Schedule
Land Acquired for Water Supply Purposes
Area
m2 Description
3620 Part Allotment 56 Waioeka Parish (part Computer Freehold Register GS5A/1103 (limited as to parcels)); shown as Section 1 on SO 441730.
758 Part Lot 4 DP 5093 (part Computer Freehold Register GS1A/443); shown as Section 2 on SO 441730.
Second Schedule
Land Acquired for Road
Area
m2 Description
84 Part Allotment 45 Waioeka Parish (part Computer Freehold Register GS5A/1103 (limited as to parcels)); shown as Section 3 on SO 441730.
Third Schedule
Easement to be Acquired
A right to convey water over that part of Allotment 56 Waioeka Parish (part Computer Freehold Register GS5A/1103 (limited as to parcels)); marked "E" on SO 441730 ("the Easement Land")
Fourth Schedule
Terms and Conditions of Easement to be Acquired
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by the Regulations.
3. Where there is a conflict between the provisions of the Fourth Schedule to the Regulations and the modifications set out herein, the modifications shall prevail.
4. "Grantor" means Hedley Farms Limited, and its successor in title to the land currently held in Computer Freehold Register GS5A/1103 (limited as to parcels) and Computer Freehold Register GS1A/443.
5. "Grantee" means the Opotiki District Council and its successors and assignees.
6. Reference in clause 3(1) of the Fourth Schedule of the Regulations to the Dominant Land shall be deleted for the purposes of this easement.
7. The Grantee shall have the right to dig up to any depth the soil of the portions of the servient land and to lay down and construct pipes of such size and material as the Grantee thinks fit for the purpose of this easement.
8. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Easement Land 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.
9. The Grantee may convey water in any quantities.
10. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
11. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water along the stipulated course.
12. All 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 this grant of easement.
Fifth Schedule
Covenant to be Acquired
A covenant to restrict spraying over that part of Lot 4 DP 5093 (part Computer Freehold Register GS1A/443); marked "G" on SO 441730, and those parts of Allotment
56 Waioeka Parish (part Computer Freehold Register GS5A/1103 (limited as to parcels)); marked "H" and "I" on SO 441730.
Sixth Schedule
Conditions of Covenant to be Acquired
The owners of the land held in Computer Freehold Registers GS1A/443 and GS5A/1103 (limited as to parcels) or their successors in title must not spray or permit to be sprayed any part of the land described in the Fifth Schedule, in order to protect the water supply from contamination of any kind. This covenant is intended to run with the balance of the land held in Computer Freehold Registers GS1A/443 and GS5A/1103 (limited as to parcels). Spraying includes all spraying of any kind and shall include but not be limited to the spraying of effluent and the spraying of insecticides and any other kind of chemical or compound.
Seventh Schedule
Easement of Right to Convey Water
Shown Servient Tenement Dominant Tenement
A, B and D on SO 441730 Section 1 SO 441730 Sections 5 and 6 SO 441730 and Part Allotments 44 and 55 Waioeka Parish.
F on SO 441730 Section 2 SO 441730
Section 4 SO 441730 and Lot 2 DP 5093.
Eighth Schedule
Easement of Right to Drain Water
Shown Servient Tenement Dominant Tenement
C on SO 441730 Section 1 SO 441730
Sections 5 and 6 SO 441730 and Part Allotments 44 and 55 Waioeka Parish
Ninth Schedule
Terms and Conditions of Easements to be Created
1. Any terms used in these easements that are defined in the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by the Regulations.
3. Where there is a conflict between the provisions of
the Fourth Schedule to the Regulations and the modifications set out herein, the modifications shall prevail.
4. References in clauses 3(1) and 4(1) of the Fourth Schedule of the Regulations to the Dominant Land shall be deleted for the purposes of these easements.
5. The Grantee shall have the right to dig up to any depth the soil of the portions of the servient land and to lay down and construct pipes of such size and material as the Grantee thinks fit for the purpose of these easements.
6. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Easement Land shown as A, B, C and D in the Seventh and Eighth Schedules 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.
7. The Grantee may convey and drain water in any quantities.
8. The Grantee’s rights to the easement facility or facilities under these easements are exclusive.
9. Nothing contained or implied by these easements shall be deemed to compel the Grantee to convey or drain water along the stipulated course.
10. All 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 easements and the Grantee may exercise any such other powers vested in it at common law or by statute independently of this grant of easements.
Dated at Wellington this 28th day of November 2012.
K. MCPHAIL, for the Minister for Land Information
(LINZ CPC/2005/10902)