Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Sanket Palshikar, Land Information New Zealand, declares that:

1. Pursuant to section 20, that an agreement to that effect having been entered into, the land described in the First Schedule to this notice is acquired for use with the functioning indirectly of a road and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette; and
2. Pursuant to sections 20 and 28, that an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land described in the Third Schedule to this notice for a right of way, right to convey electricity and right to convey telecommunications, in favour of the land described in the Fourth Schedule upon the terms and conditions set out in the Fifth Schedule to this notice on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Hamilton City

First Schedule

Land Acquired for with the Functioning Indirectly of a Road

Second Schedule

Easements to be Acquired

An easement for right of way, right to convey electricity and right to convey telecommunications over the land shown as Areas “A” and “B” on SO 559826 (“Easement Land”)

Third Schedule

The Servient (Burdened) Land

Part Lot 3 DP 338806 shown as Section 1 on SO 559826 (“Grantor” and “Servient Land”)

Fourth Schedule

The Dominant (Benefited) Land

Part Lot 3 DP 338806 shown as Section 2 on SO 559826 (“Grantee”)

Fifth Schedule

Rights and Powers

The implied rights and powers in the Fourth Schedule to the Land Transfer Regulations 2002 and (in relation to the right of way easement) the Fifth Schedule to the Property Law Act 2007 will apply to the Easements subject to the following modifications:

1. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 (“Fourth Schedule”) and the Fifth Schedule to the Property Law Act 2007 (“Fifth Schedule”), the provisions of the Fifth Schedule must prevail. Where there is a conflict between the provisions of the Fourth Schedule and/or the Fifth Schedule, and the modifications herein, the modifications must prevail.
2. Any maintenance, repair or replacement of the right of way, or the telecommunications and electrical power cables on the Servient Land that is necessary because of any act or omission by the Grantor or by the Grantee (which includes agents, employees, contractors, subcontractors and invitees of those parties) must be carried out promptly by that party and at that party's sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the cost payable by that party responsible must be in proportion to the amount attributable to that act or omission (with the balance payable, subject to clause 1 above, in accordance with clause 11 of the Fourth Schedule and/or clause 2 of the Fifth Schedule).
3. Subject to clause 2 above, the Grantor shall not be liable for any maintenance, repair or replacement of any part of the easement facility that is not ordinarily used by the Grantor for the purpose of accessing the dwellings located on the Servient Land.
4. The Grantee shall at all times ensure that the right of way easement facility is constructed to not less than a specification suitable for the Grantee’s intended use and in the event that the specification of the easement facility becomes unsuitable for the Grantee’s use, the Grantee shall as soon as reasonably practicable and at its sole cost, upgrade the easement facility to a suitable specification.
5. The Grantor and Grantee acknowledge and agree that nothing in the Fifth Schedule or the Fourth Schedule shall require the Grantor to contribute towards the establishment or any upgrade or extension of the right of way easement facility as it is at the date of registration of this easement instrument.

Dated at Wellington this 28th day of June 2021.

SANKET PALSHIKAR, for the Minister for Land Information.

(LINZ CPC/2013/17483)