Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Trevor Knowles, Land Information New Zealand:
(a) Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for waste water purposes and shall vest in the Western Bay of Plenty District Council on the date of publication of this notice in the New Zealand Gazette.
(b) Pursuant to section 28, declares that, an agreement to that effect having been entered into, the land described in the Second Schedule to this notice is hereby subject to a land covenant and shall vest in the Western Bay of Plenty District Council on the date of publication of this notice in the New Zealand Gazette:
“And the owners and occupiers of Section 1 on SO 348720 (“Section 1”) shall have in perpetuity the benefit of a land covenant over Area A on SO 348720 (“Area A”), being part of the land in Computer Freehold Register SA52D/196 binding upon the owners and occupiers of Area A and running with the land in Area A for the benefit of the land in Section 1 as follows:
1. The owners and occupiers of Area A acknowledge that the owners of Section 1 will construct a waste water facility on Section 1 and that the operation of the waste water facility will cause, among other things, noise and odours that may cause offence to the owners and occupiers of Area A.
2. The owners and occupiers of Area A will not object to nor lodge any proceedings against the owners of Section 1 in relation to the construction, operation or maintenance of the waste water facility including noise or odours emanating from or generated by the waste water facility.”
South Auckland Land District—Western Bay of Plenty District
First Schedule
Land Acquired for Waste Water Purpose
Area ha Description
2.0061 Part Lot 2, DP S65560; shown as Section 1 on SO 348720 (part Computer Freehold Register SA52D/196).
Second Schedule
Land Subject to Land Covenant
Area ha Description
2.3044 Part Lot 2, DP S65560; marked “A” on SO 348720 (part Computer Freehold Register SA52D/196).
Dated at Wellington this 22nd day of September 2005.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10641)