Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information
New Zealand, declares that, an agreement to that effect having been entered into, a right to convey water, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the 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 council") on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District-Western Bay of Plenty District Council
Schedule
Area
m2 Description
463
Part Lot 1 DP 314712; marked "E" on SO 413770 (part Computer Freehold Register 58096).
Rights and Power Varied and Added
1. The council's rights to the easement facility are exclusive.
2. The council alone shall 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 owner is not required to any of these.
3. The words "to the dominant land" are deleted from clause 3(1) in Schedule 4 of the Land Transfer Regulations 2002.
4. No breach of the terms of this easement by the council shall entitle the owner to cancel or revoke this easement.
5. The council is not compelled to convey water along the stipulated course or in the stipulated area.
6. Any rights or immunities from liability or powers or remedies which the council may have by statute or at common law are not affected by this grant and the council shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
7. Any maintenance, repair or replacement of the easement facility, whether on the servient tenement or similar facilities of the council connected to the easement, that is necessary because of any act or omission by the owner (which includes agents, employees, contractors, subcontractors and invitees of the owner) must be carried out promptly by the owner at the owner's sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the owner 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).
8. The exercise of any rights or powers conferred on the council by this instrument shall not entitle the owner to the payment of compensation under the provisions
of any enactment or at law but nothing in this clause
8 shall operate as a waiver of the owner's rights or
remedies if the council breaches any of the provisions of this instrument.
Dated at Auckland this 29th day of January 2009.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10913)