Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, 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 stormwater purposes and shall vest in the Western Bay of Plenty District Council;
(b) Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described
in the Second Schedule to this notice is hereby acquired
for severance and shall vest in the Western Bay of Plenty District Council;
(c) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain water 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 Third Schedule to this notice and shall vest in the Western Bay of Plenty District Council (“the grantee”);
(d) 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 Fourth 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
Stormwater Purposes
Area m2 Description
1346 Part Lot 1, DP S20749; shown as Section 1 on SO 365315 (part Computer Freehold Register SA52A/851.
2720 Part Lot 1, DP S34338; shown as Section 2 on SO 365315 (part Computer Freehold Register SA33D/191).
801 Part Lot 1, DP S34338; shown as Section 4 on SO 365315 (part Computer Freehold Register SA33D/191).
Second Schedule
Severance
Area m2 Description
1253 Part Lot 1, DP S34338; shown as Section 3 on SO 365315 (part Computer Freehold Register SA33D/191).
Third Schedule
Easement Acquired – Right to Drain Water in Gross
Area m2 Description
287 Part Lot 1, DP S20749; marked “A” on SO 365315 (part Computer Freehold Register SA52A/851).
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 water 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 from Clause 4 (1) in Schedule 4 of the above Regulations.
Designation
The land over which this easement is granted is within a stormwater management reserve and is so designated under the Western Bay of Plenty District Plan.
The grantor will not use the land over which the easement is granted in any manner which contravenes any Rule in the Western Bay of Plenty District Plan unless expressly allowed to do so by a resource consent granted under the Resource Management Act 1991.
Further, the grantor will not use the land over which the easement is granted in any other manner which may obstruct, prevent, hinder, retard or divert the flow of water over it without the prior written consent of the grantee.
Fourth Schedule
Easement Acquired – Right to Drain Sewage in Gross
Area m2 Description
668 Part Lot 1, DP S20749; marked “B” on SO 365315 (part Computer Freehold Register SA52A/851).
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 Christchurch this 24th day of October 2006.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2005/10913)
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