Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand:
(a) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the First Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA9C/1050;
(b) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the Second Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA1441/74;
(c) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the Third Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA929/165;
(d) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the Fourth Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA702/188;
(e) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the Fifth Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA919/61;
(f) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing though the land described in the Sixth Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register SA986/39;
(g) Pursuant to sections 20 and 28, 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 following variations is hereby acquired over the
land described in the Seventh Schedule to this notice and
shall vest in the Western Bay of Plenty District Council ("the council"); and
(h) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right
to convey telecommunications and computer media, with the rights and powers contained in Schedule 4 of the
Land Transfer Regulations 2002, together with following variations is hereby acquired over the land described in the Eighth Schedule to this notice and shall vest in Telecom New Zealand Limited
on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District-Western Bay of Plenty District Council
First Schedule
Road Stopped and Amalgamated
Area
m2 Description
1579 Lot 2 DPS 5233; shown as Section 2 on SO 404965 (part Computer Freehold Register SA9C/1050).
Second Schedule
Road Stopped and Amalgamated
Area
m2 Description
175 Lot 3 DPS 5233; shown as Section 3 on SO 404965 (part Computer Freehold Register SA1441/74).
Third Schedule
Road Stopped and Amalgamated
Area
m2 Description
1310 Lot 2 DP 34707; shown as Section 4 on SO 404965 (part Computer Freehold Register SA929/165).
Fourth Schedule
Road Stopped and Amalgamated
Area
m2 Description
353 Lot 2 DP 27916; shown as Section 5 on SO 404965 (part Computer Freehold Register SA702/188).
Fifth Schedule
Road Stopped and Amalgamated
Area
m2 Description
793 Lot 1 DP 34707; shown as Section 6 on SO 404965 (part Computer Freehold Register SA919/61).
Sixth Schedule
Road Stopped and Amalgamated
Area
m2 Description
217 Part Lot 1 DP 27916; shown as Section 7 on SO 404965 (part Computer Freehold Register SA986/39).
Seventh Schedule
Easement Acquired for a Right to Convey Water in Gross
Area Description
Part Section 2 SO 404965; marked "B" on SO 404965 (part Computer Freehold Register SA9C/1050).
Part Section 2 SO 404965; marked "C" on SO 404965 (part Computer Freehold Register SA9C/1050).
Part Section 3 SO 404965; marked "D" on SO 404965 (part Computer Freehold Register SA1441/74).
Part Section 4 SO 404965; marked "E" on SO 404965 (part Computer Freehold Register SA929/165).
Rights and Powers Varied and Added
1. The council's rights to the easement facility are exclusive.
2. The council shall alone 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.
Eighth Schedule
Easement Acquired for a Right to Convey Telecommunications and Computer Media
Area Description
Part Section 2 SO 404965; marked "B" on SO 404965 (part Computer Freehold Register SA9C/1050).
Part Section 2 SO 404965; marked "F" on SO 404965 (part Computer Freehold Register SA9C/1050).
Rights and Powers Varied and Added
1. The easement facility includes any "Lines", "Works", "Existing Lines" and "Existing Works" as defined in
the Telecommunications Act 2001 owned by Telecom New Zealand Limited ("Telecom").
2. The easement is not a substitution for, and is without prejudice to, such statutory rights and authorities as Telecom may have from time to time in respect of
the servient tenement.
Dated at Christchurch this 4th day of June 2009.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2005/10913)