Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over
(a) the land of Daniel Scott and Yvonne Michelle Baricevich ("the First Grantor"); and
(b) the land of Housing New Zealand Limited
("the Second Grantor") (the First Grantor and the Second Grantor each to be known as "the Grantor")
described in the First Schedule to this notice for the purposes of the Tararu Creek Floodwall upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Waikato Regional Council ("the Grantee") on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District-Thames-Coromandel District
First Schedule
The First Grantor's Land
Lot 1 DP S89780, being the land contained in Computer Freehold Register SA71A/317.
The Second Grantor's Land
Lot 3 DP S24556, being the land contained in Computer Freehold Register SA22D/1463.
(The first and second grantor's land together to be known
as "the Land".)
Second Schedule
Easement to be Acquired
A Flood Wall easement in gross over those part of the Land marked "A" and "O" on SO 373303 ("the Easement Land").
Third Schedule
Terms and Conditions
Definitions
"Flood Wall" means the Flood Wall constructed on the Easement Land and on such other land as shown on SO 373303 and SO 376122 as a defence against the flooding of Tararu Creek.
"Floodway" means the bed of Tararu Creek and such adjoining land within the boundaries of the Flood Wall shown on SO 373303 and SO 376122 that becomes inundated by water as a result of heavy rain events.
Rights and Powers
A. The full free right liberty and authority in perpetuity
for the Grantee and its engineers, contractors, officers, agents and workmen to do and carry out the following on the Easement Land:
(a) To enter on the Easement Land by its engineers, officers, agents and workmen to go, pass and repass with or without machinery or vehicles over and along the Easement Land at any time, and from time to time.
(b) To delegate to any territorial authority as defined
in the Local Government Act 2002 that is a catchment board, under the Soil Conservation and Rivers Control Act 1941, or any successor thereto the rights and powers conferred by this grant.
(c) To remain on the Easement Land and do all things
as are necessary to maintain grasses thereon, and
to inspect the state of the Flood Wall, and to
maintain the Flood Wall on the Easement Land in a state of efficiency including repairing, altering or reconstructing the Flood Wall.
(d) To plant, sow and maintain trees, shrubs, plants or grasses on the Easement Land and to regulate
or prohibit interference with or the destruction thereof.
(e) To prevent or regulate the pumping or releasing of water into any open watercourse on the Easement Land, or the overflow of artesian water.
(f) To regulate the use of any constructed open watercourse on the Easement Land.
(g) To prescribe conditions on which other constructed open watercourses may be connected or continue to be connected with any constructed open watercourse on the Easement Land.
(h) To regulate the construction and maintenance of crossings over open watercourses on the Easement Land.
(i) To prohibit the passing over any open watercourses on the Easement Land except at appointed crossings.
(j) To prevent any open watercourse on the Easement Land from being made wider or deeper that it is at the time, whether by cleaning or otherwise or to prevent the course thereof from being altered without the consent of the Grantee.
(k) To prohibit or regulate access to, or the passing over, under, through or along the Flood Wall or other defence against water or other work of any kind whatsoever constructed or maintained by or under the control of the Grantee on the Easement Land.
(l) To prohibit or regulate the erection of any structure or fences on the Easement Land.
(m) To prohibit or regulate the excavation of land on the Easement Land.
(n) To prohibit or regulate the use of the Easement Land by the Grantor and to require the Grantor to use the Easement Land solely for the growing of shrubs, plants or grasses and at all times to comply with the directions of the Grantee in respect to the use of easement land so that the Easement Land shall be maintained and kept in such manner that any Flood Wall or other defence against water or any water course is maintained in a state of effectiveness.
(o) To regulate the cultivation of the Easement Land by the Grantor with proper regard to the timing and circumstances to prevent erosion of and avoid deposits in water courses, and control floods.
(p) To prohibit the lighting of fires on the Easement Land except under such circumstances and subject to such limitations, conditions and restrictions as may be prescribed by the Grantee.
(q) Generally to require the doing on or in respect of the Easement Land of any act or thing which may be likely to prevent or mitigate soil erosion or promote soil conservation or the control of floods and to prohibit the doing on or in respect of the Easement Land of any act or thing which may be likely to facilitate soil erosion or floods or in any way damage or threaten the effectiveness of the Flood Wall.
B. The Grantor must not:
(a) Construct any buildings, nor install any equipment, fitting or fixture or excavate the Easement Land or alter, remove or otherwise deal with the subsoil
or contours of the Easement Land without the prior written permission of the Grantee.
(b) Carry out any works of any nature on the Land, which in any manner affects the structural integrity of the Flood Wall on the Easement Land.
(c) Stockpile or fill with or permit the stockpiling of or filling with soil, sand, gravel or other substance
or materials, or construct or permit the construction of any roads, dam walls or other earthworks on the Easement Land, which would in any way cause
the soil or the Flood Wall to subside or the Floodway to be obstructed.
(d) Plant, establish, or allow to become established any cultivated or natural vegetation, including trees or shrubs, which may at any time damage or adversely affect the Easement Land or use thereof.
(e) Allow, do or permit to be done anything upon the Land, by which the Easement Land or the Flood Wall on the Easement Land shall be in any way damaged or rendered unstable or unsafe.
C. (a) The parties acknowledge that swinging gates have been installed on the Flood Wall on the easement
land facing towards Tararu Creek Road. When opened, the swinging gates allow the ingress
and egress over and through the Easement Land by the Grantor (together with the Grantor's invitees, licensees, agents, contractors, employees and any other person lawfully authorised by the Grantor
to do) to and from the Land, and from and to
Tararu Creek Road.
(b) The Grantor must ensure that the swinging gates remain securely closed at the following times:
(i) During any periods of absence from the Land;
(ii) during periods of heavy rain and in particular heavy rain occurring during the hours of darkness; and/or
(iii) when the water level is within 300mm of the top edge of the channel within the Floodway, or within such distance from the top edge of the channel as may be notified by the Grantee to
the Grantor from time to time; or
(iv) when otherwise directed to do so by the
grantee or by any authorised representative of the Grantee.
(c) In the event that the Grantor fails to close the
gates in accordance with clause C(b), the Grantee (including any authorised representative of the Grantee) may enter the Land and close the swinging gates for such period of time as the Grantee deems necessary to prevent flooding or the risk of flooding.
(d) In the event of serious illness or injury requiring urgent medical assistance, the Grantor may open the swinging gates temporarily if required and if in
the circumstances the opening of the swinging gates is practicable, but the Grantor must immediately notify the Grantee.
(e) The Grantor must not damage the swinging gates or otherwise do anything to them that would affect the ability of the swinging gates, when closed, to act as a defence against floodwater.
(f) The Grantee shall be responsible for the maintenance of the swinging gates as a defence against floodwater, provided that the Grantor must immediately notify the Grantee of any damage to the swinging gates, howsoever caused.
(g) The Grantor acknowledges that during the periods when the Grantor is required to keep the swinging gates closed, the Grantor will not be able to obtain vehicular or pedestrian access to Tararu Creek Road or access to the Land from Tararu Creek Road.
(h) The Grantor shall not be entitled to claim any compensation from the Grantee during any periods when access to and from the Land is prevented, whether as a result of the requirement to keep
the gates closed, or as a result of the presence of floodwaters or flood debris.
D. All references to the Grantor shall include their successors in title.
Dated at Christchurch this 27th day of November 2007.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2006/11225)