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 the land of Joseph Alfons Verhaegen ("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 Grantor's Land
Lot 3 DP S3608, being the land contained in Computer Freehold Register SA1481/78 ("the Land").
Second Schedule
Easement to be Acquired
A Flood Wall easement in gross over that part of land; marked "C" 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 than 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. All references to the Grantor shall include their successors in title.
Dated at Christchurch this 26th day of June 2008.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2006/11225)