Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ronald Alistair Jolly, Land Information
New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right to drain stormwater easement in gross is acquired over the land of Robert Patrick McCarten ("the Grantor") described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the New Plymouth District Council ("the Grantee") on the date of publication of this notice in the New Zealand Gazette.
Taranaki Land District-New Plymouth District
First Schedule
The Grantor's Land
Lot 17 DP 361436, being all of the land in Computer Freehold Register 249903.
Second Schedule
Easement to be Acquired
A right to drain stormwater in gross over that part of Lot 17 DP 361436; marked "A" on DP 422614 ("the Easement").
Third Schedule
Rights and Powers
The following rights and powers and provisions are in addition to the rights and powers conferred on the Grantee under the Local Government Act 1974 and 2002.
The full, free and uninterrupted right, liberty and privilege forever hereinafter from time to time and at all times:
1.1 To drain stormwater in through and under the said land by means of the open stormwater channel and pipeline (hereinafter called "the stormwater channel") laid through that part of the said land shown marked "A" on DP 422614 (hereinafter called "the stormwater easement area").
1.2 To use the stormwater channel and any manholes attached thereto as public drains as specified in the Local Government Act 1974 and 2002 for such drainage purposes as the Grantee may require.
1.3 To dig up the soil on the said land within the stormwater easement areas to construct, repair, maintain, inspect, alter, enlarge or replace the stormwater channel or anything connected thereto.
1.4 To permit the Grantee's officers, employees and contractors with or without vehicles, materials, plant or appliances to enter the said land along negotiated access routes to the stormwater easement area from time to time.
The Grantor hereby covenants with the Grantee that they will not at any time:
2.1 Do or permit to be done anything which may damage or obstruct the stormwater channel or which may prevent the Grantee from obtaining reasonable access to the stormwater channel.
2.2 Claim any compensation under any statute or regulation whatsoever.
The Grantee hereby covenants with the Grantor that the Grantee will:
3.1 At all times use reasonable care and skill when exercising the above rights and privileges.
3.2 Avoid causing any unnecessary damage to the said land and the stormwater easement area.
3.3 Avoid causing any unnecessary interference with the Grantor's use or enjoyment of the said land.
3.4 Upon completion of the works hereby authorised, as soon as convenient restore the surface of the stormwater easement area to approximately the same state as it was in before the works were executed, such restoration to be to the reasonable satisfaction of the Grantor.
3.5 Give prior notice (at least 48 hours) and consult the Grantor before entering the said land for the execution of works except in the case of emergencies.
3.6 Sufficiently compensate the Grantor or rectify the damage caused to the Grantor's land by any subsequent defect in the stormwater channel where such defect has not been caused by the Grantor nor by the Grantor's lessees or invitees and the Grantor and its lessees and invitees are not responsible for such defects.
Dated at Wellington this 17th day of September 2009.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10762)