ANAND SATYANAND, Governor-General
A Proclamation
Pursuant to the Public Works Act 1981, I, The Honourable Anand Satyanand, Governor-General of New Zealand, hereby declare the easement described in the First Schedule hereto together with the right to enter onto additional land to a maximum width of 10 metres along the easement route for the purpose of installing and constructing the easement facility to be taken and to vest in the New Plymouth District Council on the 14th day after the date of publication of this Proclamation in the New Zealand Gazette.
The terms and conditions of the easement are set out in the Second Schedule of this notice.
Taranaki Land District—New Plymouth District
First Schedule
An easement in gross to convey sewage over Lot 1 DP 20683. All Computer Freehold Register TNL2/507. The route of the easement is marked “A” on SO 391521.
Second Schedule
1. Definitions:
“Stipulated course” means an area of 1902 square
metres being part of Lot 1 DP 20683 (part Computer Freehold Register TNL2/507); marked “A” on SO 391521.
“Servient Land” means all of the land contained in Computer Freehold Register TNL2/507.
“Council” means the New Plymouth District Council.
2. Together with the additional rights and powers set out in this Schedule, the easement shall contain the rights and powers implied into such easements by the Fourth Schedule to the Land Transfer Regulations 2002, including the modifications contained in clause 3 below.
In the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated shall prevail.
3. Clause 10(1)(b) of the Fourth Schedule to the Land Transfer Regulations 2002 is deleted and replaced with:
“(b) if no suitable easement facility exists, the right
to lay, install and construct an easement facility reasonably required by the grantee through and along the stipulated course together with the right
to enter onto additional land to a maximum width of 10 metres along the easement route for the purpose of installing and constructing the easement facility (including the right to excavate land for the purpose of that construction).”
4. The Council may use the easement for all sewerage purposes in accordance with the Local Government
Act 1974 (including any Act amending or replacing
the same).
5. The registered proprietor for the time being of the Servient Land (“the Servient Owner”) will not at
any time:
5.1 Do or permit to be done anything on the Servient Land which may damage or obstruct the easement facility or which may prevent the Council from obtaining reasonable access to the easement facility;
5.2 Do or permit to be done anything on the Servient Land which may interfere with, or affect, the full and free use and enjoyment by the Council of the rights, powers, licences and privileges granted under the easement.
5.3 Except with the prior written consent of the Council, and then only in accordance with such terms and conditions as it may impose in respect of such consent given:
5.3.1 Plant or cause, or allow to be planted, any trees larger than 1.5 metres on the stipulated course;
5.3.2 Erect or place thereon, or cause or allow to be erected or placed thereon, any buildings or other erections or fences (other than a boundary fence).
5.4 Claim any compensation under the provisions of any statute or regulation whatsoever, except the Public Works Act 1981 and as set out in clause 7.6 below.
6. If in the reasonable opinion of the Council, the Servient Owner has breached the provisions of clause 5.3, the default provisions set out in clause 13 of the Fourth Schedule to the Land Transfer Regulations 2002, shall apply.
7. The Council hereby covenants with the Servient Owner that the Council will:
7.1 At all times use reasonable care and skill when exercising the above rights and powers;
7.2 Avoid causing any unnecessary damage to the Servient Land and the easement facility;
7.3 Avoid causing any unnecessary interference with the Servient Owner’s use or enjoyment of the Servient Land;
7.4 Give prior notice (at least 48 hours) and consult the Servient Owner before entering the Servient Land for execution of works except in the case of emergencies;
7.5 Repair and make good all damages to fences, gates and structures upon the Servient Land directly caused by the Council undertaking any works in furtherance of the rights, powers, licenses and privileges granted under this easement; and
7.6 Sufficiently compensate the Servient Owner or rectify the damage caused to the Servient Land by any subsequent maintenance or defect in the easement facility, where such damage has not been caused by the Servient Owner, nor by
the Servient Owner’s lessees or invitees, and the Servient Owner and its lessees or invitees are not responsible for such defects.
8. The Council may take all reasonable measures which it considers necessary for the safety of persons or property on the Servient Land including without limitation the right to erect fences, signs and notices warning of any danger.
9. The Servient Owner shall not be liable for any damages that may be caused to any equipment placed by the Council on any part of the Servient Land or otherwise than through the wilful act or default of the Servient Owner or the Servient Owner’s lessee’s and other invitees.
10. All equipment placed on the Servient Land by the Council, its employees, contractors or any person under its control shall remain the property of the Council, its employees, contractors or any person under its control and shall not become a fixture on the Servient Land and upon the determination of this easement the Council, its employees, contractors or any person under its control shall dismantle and remove such equipment from the Servient Land.
Given under the hand of His Excellency the Governor-General and issued under the Seal of New Zealand dated this 27th day of November 2008.
[L.S.]
HON DR RICHARD WORTH, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2005/10762)