Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, 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 road and shall vest in the Western Bay of Plenty District Council;
(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain sewage in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with following variations, is hereby acquired over the land described in the Second Schedule to this notice and shall vest in the Western Bay of Plenty District Council (“the grantee”)
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 Declared Road
Area m2 Description
600 Part Lot 1, DP S56586; shown as Section 1 on SO 344653 (part Computer Freehold Register SA46C/764).
Second Schedule
Easement Acquired – Right to Drain Sewage in Gross
Area m2 Description
454 Part Lot 1, DP S56586; marked “A” on SO 375950 (part Computer Freehold Register SA46C/764).
Rights and Powers Varied and Added
1. The grantee shall alone determine both the nature of the easement facility and where, how and when it is to be laid along the stipulated course or in the stipulated area and the agreement of the grantor is not required to any of these.
2. No breach of the terms of this easement by the grantee shall entitle the grantor to cancel or revoke this easement.
3. The grantee is not compelled to drain sewage along the stipulated course or in the stipulated area.
4. Any rights or immunities from liability or powers or remedies which the grantee may have by statute or at common law are not affected by this grant and the grantee shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
5. The exercise of any rights or powers conferred on the grantee by this instrument shall not entitle the grantor to the payment of compensation under the provisions of any enactment or at law but nothing in this Clause 5 shall operate as a waiver of the grantor’s rights or remedies if the grantee breaches any of the provisions
of this instrument.
6. The words “from the dominant land” are deleted for the purpose of this agreement from Clause 4 (1) in Schedule 4 of the Land Transfer Regulations 2002.
Dated at Auckland this 24th day of October 2006.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10913)