Pursuant to sections 20 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, 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 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
Schedule
Easement Acquired – Right to Drain Water in Gross
Area m2 Description
171 Part Lot 2 DP S24189; marked “B” on SO 366530 (part Computer Freehold Register SA22C/1149).
Rights and Powers Varied and Added
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
2. Where there is a conflict between the provisions of Schedule 4 to the Land Transfer Regulations 2002 and the modifications in this easement, the modifications must prevail.
3. Any maintenance, repair or replacement of the easement facility(ies), whether on the servient tenement or similar facilities of the grantee connected 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 the grantor) must be carried out promptly by the grantor and at the grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the grantor must be in proportion to the amount attributable to the act or omission (with
the balance payable in accordance with clause 11 of Schedule 4 to the Land Transfer Regulations 2002).
4. The grantee agrees, at its own cost, to maintain, repair and upkeep the existing pond contained in the stipulated area (“the pond”) provided that such maintenance, repair and upkeep only relates to the structural integrity or efficient operation of the pond.
5. The grantor agrees, at its own cost, to be responsible for all maintenance, repair and upkeep of the pond in so far as this work relates to the pond’s aesthetic appeal. Any such maintenance, repair and upkeep completed by the grantor shall not interfere with or restrict the rights of
the grantee or interfere with the efficient operation of the easement facility.
6. The grantee’s rights to the easement facility or facilities under this easement are exclusive.
7. 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.
8. No breach of the terms of this easement by the grantee shall entitle the grantor to cancel or revoke this easement.
9. The grantee is not compelled to drain water along the stipulated course or in the stipulated area.
10. Any right 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.
11. The exercise of any rights or power 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 11 shall operate as a waiver of the grantor’s rights or remedies if the grantee breaches any of the provisions of this instrument.
12. The words “from the dominant land” are deleted from clause 4(1) in Schedule 4 of the above Regulations.
Dated at Wellington this 8th day of March 2007.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10913)