Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand:
(a) Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described
in the First Schedule to this notice is hereby acquired for stormwater purposes and shall vest in the Tauranga City Council;
(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain water in gross, 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 Second Schedule to this notice and shall vest in the Tauranga City Council (“the grantee”)
on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Tauranga City Council
First Schedule
Land Acquired for Stormwater Purposes
Area
m2 Description
157
Part Lot 2 DP 405771; shown as Section 2 on SO 407665 (part Computer Freehold Register 420147).
Second Schedule
Easement Acquired
Area
m2 Description
58 Part Lot 2 DP 405771; marked “O” on SO 407665 (part Computer Freehold Register 420147).
Rights and Powers Varied and Added
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 (“the Regulations”) shall take those meanings.
2. Where there is a conflict between the provisions of Schedule 4 to the Regulations and the modifications in this easement instrument, the modifications must prevail.
3. The rights and powers set out in paragraph 4 Schedule 4 of the Regulations shall apply PROVIDED HOWEVER that:
(a) reference in clause 4(1) of Schedule 4 of the Regulations to the dominant land shall be deleted for the purpose of this Easement Instrument;
(b) the easement facility will be underground; and
(c) paragraph 4(3) of Schedule 4 of the Regulations shall not apply.
4. The grantee shall alone determine both the nature of the easement facility and where, how and when it is to be laid along the stipulated area and the agreement of the grantor is not required to any of these matters.
5. The rights and powers set out in paragraph 6 Schedule 4 of the Regulations shall apply PROVIDED HOWEVER that paragraph 6(3)(a) shall not apply to this easement instrument.
6. The grantor acknowledges that the easement in gross granted herein is also granted for the purpose of allowing access to the grantee over the servient land in order to maintain the drainage canal situated on the adjoining areas marked Sections 1 to 10 on SO 407665.
7. The maintenance provisions in Schedule 4 to the Regulations are modified by adding the following:
Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the grantee connected to the easement(s) that is necessary because of any act or omission by the grantor (which includes agents, employees, contractors, subcontractors and invitees of that grantor) must be carried out promptly by that grantor and at the grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of the Fourth Schedule).
8. The grantor further covenants with the grantee not to place any buildings, erect fences or other permanent structures or plant any trees or shrubs on the Stipulated Course without the prior consent of the grantee and the grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the grantee may be interfered with or affected.
9. The grantee may convey or discharge water in any quantities.
10. The grantee’s rights to the easement facility or facilities under this easement are exclusive.
11. Nothing contained or implied by this easement shall be deemed to compel the grantee to convey or discharge water along the stipulated course.
12. Any rights or immunities from liabilities, powers and remedies which the grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the grantee may exercise any such other powers vested in it at common law or by statute independently of these grants of easement.
Dated at Auckland this 12th day of August 2009.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10907)