Notice Type
Land Notices
Notice Title

Severance Taken and Easements Acquired-State Highway 2 Maramarua Bypass, Waikato District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland:
(a) Pursuant to section 119(1), declares the land described in the First Schedule to this notice to be taken for severance, subject to a right to convey water over part marked "F" created in easement instrument 8435849.1, and further, pursuant to section 119(4), shall vest in the Crown as stopped government road;
(b) Pursuant to sections 20 and 28, declares that, pursuant to an agreement to that effect having been entered into, an easement to convey water in favour of Her Majesty The Queen is acquired over the land described in the Second Schedule to this notice, forever appurtenant and in favour of the land in the First Schedule for a period of five years from 11 July 2006, expiring on 11 July 2011, and on the terms and conditions described in the Fourth Schedule to this notice, and shall vest in the Crown;
(c) Pursuant to sections 20 and 28, declares that, pursuant to an agreement to that effect having been entered into, an easement to convey water, electricity and telecommunication in favour of Her Majesty The Queen is acquired over the land described in the Third Schedule to this notice, forever appurtenant and in favour of the land in the First Schedule and on the terms and conditions described in the Fourth Schedule to this notice, and shall vest in the Crown
on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Waikato District Council
First Schedule
Severance Taken
Area
ha Description
28.8000
Part Lot 1 DPS 81809; shown as Section 9 on SO 417363 (part Computer Freehold Register SA63B/759).
Second Schedule
Easement to be Acquired
A right to convey water over that part of Part Lot 1 DPS 81809 (Computer Freehold Register SA63B/759); marked "H" on DP 417362.
Third Schedule
Easement to be Acquired
A right to convey electricity and telecommunication and a right of way over that part of Part Lot 1 DPS 81809 (Computer Freehold Register SA63B/759); marked "K" on DP 417362.
Fourth Schedule
Definitions, Interpretation, and Rights and Powers
Right to convey water, electricity and telecommunications
The rights and powers implied in such easements shall be the rights and powers set out in Schedule 4 of the Land Transfer Regulations 2002 subject to the following modification:
Any easement facility installed under the rights and powers specified in Schedule 4 of the Land Transfer Regulations 2002 shall only be installed underground.
Right of way
The Grantor grants to the Grantee the right of the Grantee, the Grantee’s servants, tenants, agents, workmen, licensees, and invitees (in common with the Grantor, the Grantor’s tenants, and any other person lawfully entitled) at all times by day and by night to go, pass, and repass, with or without vehicles, machinery, and implements of any kind, over and along the land over which the easement is granted.
The following rights shall apply to the easement in addition to the implied rights prescribed by Schedule 9 to the Property Law Act 1952:
1. The rights prescribed in section 12 of the Land Transfer Regulations 2002.
2. The rights prescribed in sections 13 and 14 of the Land Transfer Regulations 2002 shall apply to the terms of the easement in respect to any default or dispute other than a default or dispute to which sections 126C to 126F of the Property Law Act 1952 relates. Where a default or dispute is of a subject matter provided for at sections 126C to 126F of the Property Law Act 1952, the disputes resolution process in the Property Law Act 1952 shall apply.
3. The Grantee must not do and must not allow to be done on the servient land anything that may interfere with or restrict the rights of any other party or interfere with the efficient right of way over the servient land.
4. The implied statutory rights as at the date hereof are express terms of easement and shall apply notwithstanding any subsequent amendment, substitution or repeal.
Dated at Auckland this 29th day of April 2010.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10990)