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 convey water in gross, unless otherwise provided below by the rights and powers implied in specific classes of easement that are prescribed by the Land Transfer Regulations 2002 and/or the Ninth Schedule of the Property Law Act 1952, shall vest in the Tauranga City Council (“the grantee”) on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Tauranga City Council
Schedule
Easement Acquired—Right to Convey Water in Gross
Area m2 Description
28 Part Lot 162 DP S21746; marked “A” on DP 387392 (part Computer Freehold Register SA20B/917).
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 the Fourth Schedule to the Land Transfer Regulations 2002 and the modifications in this easement instrument, the modifications must prevail.
3. Reference in clause 3(1) of the Fourth Schedule of the above Regulations to the dominant land shall be deleted for the purpose of this easement instrument.
4. The grantor covenants with the grantee not to place any buildings, erect fences or other permanent structures on the stipulated course without the prior consent of the grantee and the grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the grantee may be interfered with or affected.
5. The maintenance provisions in the Fourth Schedule
to the Land Transfer Regulations 2002 are modified by adding the following:
Any maintenance, repair or replacement of the easement facilities 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 that 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 that grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance payable in accordance with clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002).
6. The grantee may convey water in any quantities.
7. The grantee’s rights to the easement facility or facilities under this easement are exclusive.
8. Nothing contained or implied by this easement shall be deemed to compel the grantee to convey water along the stipulated course.
9. Any rights or immunities from liabilities, powers and remedies which the grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the grantee may exercise any
such powers vested in it at common law or by statute independently of these grants of easements.
Dated at Wellington this 31st day of October 2007.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10907)