Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ross James Sutherland, Land Information
New Zealand, declares that, an agreement to that effect having been entered into, the land described in the First Schedule is acquired for local purpose reserve (water supply) together with the easements set out in the Second Schedule, subject to the existing easements contained in Transfers B. 228003 and B. 214795, on the terms and conditions described in the Third Schedule and all shall vest in the Tauranga District Council on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land Registry-Tauranga District Council
First Schedule
Land Acquired for Local Purpose Reserve (Water Supply)
Area
m2 Being
3006 Part Lot 2, D.P. S. 87099; shown as "Section 1" on S.O. Plan 307897. Part certificate of title 67D/588.
Second Schedule
Easements Acquired
Area
m2 Being
84 Part Lot 2, D.P. S. 87099, for right of way, conveyance of water and drainage of water; marked "A" on S.O. Plan 307897.
191 Part Lot 2, D.P. S. 87099, for right of way and right to convey water; marked "B" on S.O. Plan 307897.
380 Part Lot 2, D.P. S. 87099, for right of way and right to convey water; marked "C" on S.O. Plan 307897.
88 Part Lot 2, D.P. S. 87099, for right of way and right to convey water; marked "D" on S.O. Plan 307897.
7 Part Lot 2, D.P. S. 87099, for right of way; marked "E" on S.O. Plan 307897.
54 Part Lot 2, D.P. S. 87099, for right to drain water; marked "G" on S.O. Plan 307897.
620 Part Lot 2, D.P. S. 87099, for right to drain water; marked "H" on S.O. Plan 307897.
249 Part Lot 2, D.P. S. 87099, for right to drain water; marked "I" on S.O. Plan 307897.
Third Schedule
Terms and Conditions of Easements
1. The easements shall be forever appurtenant to the land described in the First Schedule.
2. The "Right of Way" easement shall, except when inconsistent with the terms contained and implied by
the memorandum of agreement between the council and Garrick Leslie Dowdle and Robyn Cathrin Dowdle dated
1 August 2001, ("the agreement"), be on the terms contained and implied in the Seventh Schedule of the Land Transfer Act 1952, or any amendments thereto, under the headings "Right of Way" and "Additional Rights Attaching to Easements of a Right of Way" of the Ninth Schedule of the Property Law Act 1952.
3. The "Right to Drain Water" easement shall, except
when inconsistent with the terms contained and implied by "the agreement":
(a) be on the terms contained or implied in the Seventh Schedule of the Land Transfer Act 1952, or any amendments thereto, under the headings "Right to Drain Water" and "Additional Rights Attaching
to Easements of Right to Drain Water", provided that any pipes shall be laid underground;
(b) for the avoidance of doubt, include the right to discharge and drain water on to the land being the gully at the northern end of area "H" for dispersal, soakage or seepage there from;
(c) include the right to drain and discharge water, which overflows from water reservoirs, storage facilities or systems constructed on the land, described in the First Schedule hereto;
(d) be carried out in such a manner as not to cause any damage or erosion to the land beyond what might naturally occur.
4. The "Right to Convey Water" easement shall, except when inconsistent with the terms contained and implied by "the agreement", be on the terms contained and implied in the Seventh Schedule of the Land Transfer Act 1952, or any amendments thereto, under the headings "Right to Convey Water" and "Additional Rights Attaching to Easements of Right to Convey Water" provided that any pipes shall be laid underground.
5. The council shall have full power and authority to lay, construct, alter, cleanse, extend, repair, maintain, remove and replace any drains, pipes, concrete or other conduits, manholes, valves, surface boxes or other plant and water systems ("the works") to enable it to perform the easements provided that the council shall at all times ensure that the works in place are adequate to cater for its drainage requirements from time to time and provided that the works relating to the water and drainage easements shall be laid underground.
6. The council shall have full power and authority for itself, its surveyors, engineers, workmen, agents and servants with or without any drain diggers, vehicles and machinery from time to time and at all times to enter and remain on the land for any purpose necessary to carry out the terms of the easement.
7. The council may from time to time dig up to any depth and again fill in the soil of the right of way line, the drainage line and the water line to enable it to complete the works.
8. (a) Maintenance and the cost of maintenance in respect to the "Right of Way" easement shall be determined in accordance with the Ninth Schedule of the Property Law Act 1952.
(b) The council shall, together with any other users of the water and water drainage easements, share the repair and maintenance of the works and water and water drainage. The cost of carrying out any repair and maintenance shall be borne by the users of
the easements according to their share of usage, provided that the council will maintain at its cost any works solely for its purposes.
In carrying out any works or repairs and maintenance, the council will cause as little disturbance to the surface of
the right of way line, the drainage line and the water line as reasonably possible and will immediately upon completion of any such work restore the surface of the right of way line, the drainage line and water line as nearly as possible to its original condition.
9. The council will repair any damage to fences, drains or other improvements in the vicinity of the land caused by the council carrying out the works.
10. The owner shall not place any buildings, erect fences or other permanent structures on the right of way line, the drainage line and the water line without prior consent of the council, and will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted may be interfered with or affected.
11. Nothing contained or implied by this easement shall be deemed to compel the council to drain or convey water along the drainage line or water line.
12. Any rights, powers or remedies which the council may have or be entitled to by virtue of statute or at common
law shall not be affected by the easements and the council may exercise any such other powers vested in it at common law or by statute independently of these grants of easement.
13. If a party has a dispute with the other party in connection with these easements, that party will promptly give full written particulars of the dispute to the other. If the dispute is not resolved within 14 days of written particulars being given (or any longer agreement agreed to by the parties),
the dispute shall be referred to arbitration which shall
be conducted in accordance with the rules in Schedules
1 and 2 of the Arbitration Act 1996.
14. The council indemnifies the registered proprietor of the land from time to time against all losses or damages arising from any acts or omissions of the council, its contractors, workmen, employees and other agents in carrying out the terms of these easements except to the extent caused or contributed to be the registered proprietors of the land or its agents, employees or invitees.
Dated at Auckland this 18th day of July 2002.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1998/1286B3)