Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, R. J. Sutherland, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the land described in the First Schedule hereto is hereby acquired for a reservoir together with the easements set out in the Second Schedule on the terms described in the Third Schedule and is vested in the Tauranga City Council on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Western Bay of Plenty District
First Schedule
Land Acquired for a Reservoir
Area m2 Description
1000 Part Lot 1, DP S75053; shown as Section 1 on SO 339005 (part Computer Freehold Register SA54A/684).
South Auckland Land District—Tauranga City and Western Bay of Plenty District
Second Schedule
Easements Acquired
Area m2 Description
2227 Part Lot 1, DP S64053, for a right to convey water in gross and for a right of way; marked “A” on SO 339005.
2998 Part Lot 1, DP S75053, for a right to convey water in gross and for a right of way; marked “B” on SO 339005.
41 Part Lot 1, DP S75053, for a right to convey water in gross, for a right of way and for a right to drain water; marked “C” on SO 339005.
1917 Part Lot 1, DP S75053, for a right of way; marked “D” on SO 339005.
106 Part Lot 1, DP S75053, for a right to convey water in gross and for a right to drain water; marked “E” on SO 339005.
438 Part Lot 1, DP S75053, for a right to drain water; marked “F” on SO 339005.
Part Lot 1, DP S64053 for a right to convey water in gross; marked “A” on DP 347161.
Third Schedule
Terms and Conditions of Easements
The “grantor” is the owner of the land described in the Second Schedule.
The “grantee” is the owner of the land described in the First Schedule.
Unless otherwise provided below, the rights and powers implied in specific classes of easement are those prescribed by the Land Transfer Regulations 2002 and/or the Ninth Schedule of the Property Law Act 1952.
The implied rights and powers are varied by the provisions set out below:
(a) Any terms in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
(b) Where there is a conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and the Ninth Schedule of the Property Law Act 1952, the provisions of the Ninth Schedule must prevail. Where there is a conflict between the provisions of the Fourth Schedule and/or the Ninth Schedule and the modifications in this Schedule, the modifications must prevail.
(c) Reference in clause 3 (1) and 4 (1) of the Fourth Schedule of the above Regulations to the dominant land shall be deleted for the purposes of the right to convey water easement in gross.
(d) The grantor covenants with the grantee not to place any buildings, 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, licenses and liberties hereby granted to the grantee may be interfered with or affected, except that the grantor may erect gates for farming operations on the stipulated course. The grantee must be able to open such gates at any time, but will shut them after use.
(e) The maintenance provisions in the Fourth Schedule to the Land Transfer Regulations 2002 are modified by adding the following:
(i) Any maintenance, repair or replacement of the easement facilities, whether on the servient tenement or similar facilities of the grantee 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 that grantor and at that grantor’s sole cost.
(ii) Where the act or omission is the partial cause
of the maintenance, repair or replacement, the costs payable by that grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance payable in accordance with clause 11 of the Fourth Schedule).
(f) The grantee may convey or discharge water in any quantities.
(g) For the avoidance of doubt, the grantee’s rights include the right to:
(i) drain and discharge water which overflows from water reservoirs, storage facilities or systems constructed on Section 1, SO 339005;
(ii) discharge and drain water onto parts of the servient land, being the gully at the end of
the area marked “F” on SO 339005, for dispersal, soakage or seepage therefrom.
(h) The easement right to convey water will, wherever possible, follow fence lines and allow for construction and maintenance by being three metres wide. The easement facilities (other than the right of way easement) running through the areas marked “A”, “B”, “C” and “E” on SO 339005 and “A” on DP 347161 shall be at least 600mm below the surface of the land.
(i) The grantee shall:
(i) fully reinstate and maintain in safe order all vehicle and pipeline easements;
(ii) metal the vehicle tracks to two-wheel-drive standard; and
(iii) reinstate any gate, fences, water lines or waterways crossed or involved to the grantor’s approval.
(j) The grantee’s rights to the easement facility or facilities under the easement’s right to convey water and right to drain water are exclusive.
(k) Nothing contained or implied by this easement shall be deemed to compel the grantee to convey sewage or to drain water along the stipulated course.
(l) Any rights or immunities from liabilities, powers and remedies which the grantee may have been entitled to by virtue of statute or 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 these grants of easements.
Dated in Auckland this 12th day of May 2005.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1998/1286/B)