Rodney District
Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right to drain water easement in gross is acquired over the land of John Brady and Lesley May Brady (“the grantors”) described in the First Schedule to this notice on the terms and conditions described in the Second Schedule to this notice and shall vest in the Crown (“the grantee”) for drainage purposes on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land District—Rodney District Council
First Schedule
Easement to be Acquired
Right to drain water easement in gross over that part of
Part Araparera No. 7A Block ML 11809 (Computer
Freehold Register NA359/258), marked “A” on DP 347752 (“the easement”).
Second Schedule
Definitions and Interpretation
“the Crown” means Transit New Zealand.
“the easement land” means the area marked “A” on DP 347752.
Easement terms
1. The easement shall have the rights and powers implied in easements to drain water as set out in the Fourth Schedule to the Land Transfer Regulations 2002, except as expressly varied herein.
2. The maintenance provisions in the Fourth Schedule of the Land Transfer Regulations 2002 are modified as follows:
“Any maintenance, repair or replacement of the easement that is necessary because of any act or omission by the grantor (which includes any agents, employees, contractors, subcontractors or invitees of the grantor) must be carried out promptly by the grantor at the sole cost of the grantor or in such proportion as relates to the act or omission”.
3. Clause 11 (2) of the Fourth Schedule Land Transfer Regulations 2002 is hereby deleted.
4. All equipment (including the pipes or line of pipes) placed by the grantee on any part of the easement land
will remain the property of the grantee and no part of it will become a fixture on the easement land.
5. Except with the prior written consent of the grantee and then only in accordance with such terms and conditions as it may impose in respect of such consent, the grantor shall not plant or cause or allow to be planted any medium or large trees on the easement land nor will erect nor place thereon nor cause nor allow to be erected or placed thereon any buildings or other erections or fences (other than a boundary fence) nor at any times hereafter permit or suffer any act whereby the rights, powers, licences and liberties hereby granted to the grantee may be interfered with or affected.
Dated at Wellington this 15th day of February 2005.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2000/5656)