Notice Type
Land Notices
Amending a Notice Acquiring a Sub-Stratum Area of Land in Waikato District for the Purposes of a Road Pursuant to section 55 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the notice dated the 23rd day of January 1996 and published in the New Zealand Gazette of 1 February 1996, No. 9 at page 361 acquiring a sub-stratum area of land for the purposes of a road is hereby amended as follows: (a) By adding the word ``First'' before the word Schedule twice appearing. (b) By adding the words ``Subject to a right to convey and drain water easement (`the easement') described in the Second Schedule through the said sub-stratum area to be held appurtenant to the land in the Third Schedule''. (c) By adding the Second Schedule and Third Schedule as follows: ``Second Schedule South Auckland Land District A right to convey and drain water easement through the sub-stratum area upon the following terms and conditions The full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee and her tenants (in common with the grantor, his tenants and any other person lawfully entitled to do so) for the purposes of the easement concerned (a) To use any canal already laid on the stipulated course or any canal in replacement or in substitution for any such canal; (b) Where no canal exists to lay, place and maintain or to have laid, placed and maintained, of a sufficient width and of suitable material for the purpose over the surface of the land over which the easement is granted or created and along the line defined for the purpose where such a line has been so defined; (c) In order to construct or maintain the efficiency of any such canal, the full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, his tenants, servants, agents and workmen, with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary for the purpose, to enter upon the land over which the easement is granted or created (or, where only the position of the canal is defined in the easement, upon such part of the land of the grantor and by such route as is reasonable in the circumstances) and to remain there for any reasonable time for the purpose of constructing, laying, inspecting, cleansing, repairing, maintaining and renewing the canal or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, there being no condition that as little disturbance as possible is caused to the surface of the land of the grantor and no requirement that the surface is restored to its original condition and any other damage done by reason of the aforesaid operations is repaired. Third Schedule South Auckland Land District 70.3048 hectares, situated in Block XI, Rangiriri Survey District, being Lot 1, D.P. S. 1323, Lot 1, D.P. S. 16165, Lot 1, D.P. S. 16330, Lots 1 and 2, D.P. 23139, Lot 1 and part Lot 2, D.P. 35569, part Lot 2, D.P. 23084, Allotments 16A1 and 16A2A, parts of Allotments 16B, 16C, 17 and 17A and part Allotments 16A, 18A2, 18B and 18C, Pepepe Parish excluding those mines and minerals excluded in Gazette notices S. 635419, S. 555731, S. 544785, H. 053946, H.104311, S. 578664, H. 153599, H. 395367 and S. 513323 and Proclamation S. 635421, ML 15142, ML 17608, ML 18214, ML 15406, ML 10591, ML 17514, S.O. 51592 and S.O. 49293 and being all certificate of title No. 53A/584.'' Dated at Hamilton this 28th day of January 1997. I. S. M. CAMPBELL, for Minister of Lands. (LINZ Hn. 8225-05-16)1CL
Publication Date
13 Feb 1997

Notice Number

1997-ln808

Page Number

305