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 114, declares the land described in the First Schedule to this notice to be road vested in the Waipa District Council;
(b) Pursuant to sections 116 and 117, declares the portions of road described in the Second, Sixth and Seventh Schedules to this notice to be stopped and, pursuant to section 120(3), further declares that:
(i) The area described in the Sixth Schedule to this notice shall be amalgamated with the land in Computer Freehold Register 329844, subject to all existing encumbrances;
(ii) The area described in the Seventh Schedule to this notice shall be amalgamated with the land in Computer Freehold Register 312284, subject to all existing encumbrances;
(c) Declares the land described in the Third, Fourth and Fifth Schedules to this notice to be taken under section 119 and, pursuant to section 120(3), further declares that:
(i) The land described in the Third Schedule to this notice shall vest in the Waipa District Council.
(ii) The land described in the Fourth Schedule to this notice shall be amalgamated with the land in Computer Freehold Register 312284, subject to all existing encumbrances.
(iii) The land described in the Fifth Schedule to this notice shall be amalgamated with the land in Computer Freehold Register 329844, subject to all existing encumbrances;
(d) Pursuant to section 28, declares the land in the Eighth Schedule to this notice to be subject to a right to convey water easement in gross in favour of the Waipa District Council on the terms and conditions set out in the Twelfth Schedule to this notice;
(e) Pursuant to section 28, declares the land described in the Ninth Schedule to this notice to be subject to a right to drain water easement in gross in favour of the Waipa District Council on the terms and conditions set out in the Twelfth Schedule to this notice;
(f) Pursuant to section 28, declares the land described in the Tenth Schedule to this notice to be subject to a right to convey electricity easement in gross in favour of Waipa Networks Limited on the terms and conditions as set out in the Eleventh Schedule to this notice
on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Waipa District
First Schedule
Land Declared Road
Area
m2 Description
8437
Part Lot 1 DPS 48280; shown as Section 1 on SO 404453 (part Computer Freehold Register SA41B/273).
Second Schedule
Road to be Stopped
Area
m2 Shown as Adjoining or Passing Through
3379 Section 5 SO 404453. Lots 4 and 5 DPS 85468 and Part Lot 1 DPS 48280.
3619 Section 6 SO 404453. Lot 1 DP 377820 and Part Lot 1 DPS 48280.
812 Section 11 SO 404453. Lot 1 DP 377820 and Part Lot 1 DPS 48280 and Part Allotment 344, Te Rapa Parish.
5 Section 12 SO 404453. Part Lot 1 DPS 48280.
Third Schedule
Severance
Area
m2 Description
7026
Part Lot 1 DPS 48280; shown as Section 3 on SO 404453 (part Computer Freehold Register SA41B/273).
3312 Part Lot 1 DPS 48280; shown as Section 4 on SO 404453 (part Computer Freehold Register SA41B/273).
3 Part Lot 1 DPS 48280; shown as Section 10 on SO 404453 (part Computer Freehold Register SA41B/273).
Fourth Schedule
Severance Taken and Amalgamated
Area
m2 Description
82
Part Lot 1 DPS 48280; shown as Section 9 on SO 404453 (part Computer Freehold Register SA41B/273).
Fifth Schedule
Severance Taken and Amalgamated
Area
m2 Description
64
Part Lot 1 DPS 48280; shown as Section 7 on SO 404453 (part Computer Freehold Register SA41B/273).
Sixth Schedule
Road to be Stopped and Amalgamated
Area
m2 Shown as Adjoining
988 Section 2 SO 404453. Lot 2 DP 382539 and Part Lot 1 DPS 48280.
Seventh Schedule
Road to be Stopped and Amalgamated
Area
m2 Shown as Adjoining
181 Section 8 SO 404453. Lot 2 DP 377820 and Part Lot 1 DPS 48280.
Eighth Schedule
Right to Convey Water
Section 3 SO 404453; marked "F", "G" and "Z".
Section 4 SO 404453; marked "C" and "E".
Section 6 SO 404453; marked "H".
Section 11 SO 404453; marked "I".
Ninth Schedule
Right to Drain Water
Section 2 SO 404453; marked "Q" and "R".
Section 3 SO 404453; marked "K", "L" and "AD".
Section 4 SO 404453; marked "C", "D", "E" and "S".
Section 7 SO 404453; marked "O" and "P".
Section 9 SO 404453; marked "M" and "N".
Tenth Schedule
Right to Convey Electricity
Section 2 SO 404453; marked "Q" and "T".
Section 3 SO 404453; marked "F", "J", "K", "W", "Y", "Z", "AA" and "AD".
Section 4 SO 404453; marked "B", "C" and "D".
Section 5 SO 404453; marked "A".
Section 6 SO 404453; marked "H", "X" and "AC".
Section 7 SO 404453; marked "P".
Section 8 SO 404453; marked "U".
Section 9 SO 404453; marked "M" and "V".
Section 12 SO 404453; marked "AB".
Eleventh Schedule
Conditions of Right to Convey Electricity Easement
Electricity Easement
Unless otherwise provided below, the rights and powers implied in specific classes of easements are those prescribed by the Land Transfer Regulations 2002.
The implied rights and powers are hereby varied and added to by the provisions set out below:
1. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 and
the modifications in this easement instrument, the modifications in this easement instrument must prevail.
2. The provisions of the Fourth Schedule to the Land Transfer Act Regulations 2002 are modified as follows:
(a) The right to convey electricity provisions in clause 7 of the Fourth Schedule to the Land Transfer Regulations 2002 are modified by:
(i) deleting the word "lead" in the second line of subclause (1) and replacing it with the word "install"; and
(ii) adding the words "and to install and convey telecommunications, network signals and multimedia data" after the words "and convey electricity and electric impulses" in subclause (1).
(b) The maintenance provisions in clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002 are modified by deleting the full stop at the end of clause 11(5) and inserting the words "or any person for whom that party is responsible".
3. The provisions of the Fourth Schedule to the Land Transfer Act Regulations 2002 are added to as follows:
(a) The grantor shall not permit the growth of any trees, shrubs or other vegetation or the erection or establishment of any structure whatsoever which:
(i) may interfere with the easement facility; or
(ii) may endanger or cause nuisance to the easement facility or persons working on the easement facility in the course of their duties; or
(iii) breaches any bylaw or Regulation or other statutory provision relating to the easement facility.
(b) On completion of any work to the easement facility, the surface of the servient land will be restored as nearly as possible to its former condition.
(c) The grantee shall have exclusive rights to the easement facility in relation to the easement right to convey electricity and to install and convey telecommunications, network signals and multimedia data.
(d) The grantor grants to the grantee and all persons authorised by the grantee with or without materials, plant and other apparatus and vehicles, to enter and cross the servient land as necessary at all times of the day and night via any practical route of access to the stipulated area subject to the grantee repairing and reinstating any damage to the servient land or its appurtenances caused by such access and crossing.
(e) The grantor must not, without the written consent of the grantee which consent may be withheld in the grantee’s absolute discretion:
(i) build or allow to be built or grow on the servient land any structure or plant which will interfere with the grantee’s permitted use of the stipulated area;
(ii) alter existing ground levels on the servient land on or adjacent to the stipulated area;
(iii) prevent any of the grantee’s permitted uses being conducted in a normal manner.
(f) If:
(i) the stipulated area is damaged or destroyed or if there is interruption to access to the stipulated area so as to render the stipulated area or any part of the stipulated area wholly or substantially unfit for the occupation or use of the grantee or inaccessible by any means of access; or
(ii) the grantee commits a material breach of any of its obligations and has not remedied that breach after having been given written notice of that breach and after the lapse of a reasonable time after that notice having regard to the nature of that breach; or
(iii) any application for a required or further consent or permit from any government agency or other competent authorities for the installation and use of the stipulated area is declined or granted subject to conditions which
are unacceptable to the grantee and the grantee determines in its sole discretion not to appeal such decline or unacceptable decision or take any further action in respect of the same, or if the grantee is unsuccessful in any appeal or further action which it does take; or
(iv) the stipulated area is rendered unfit for the grantee’s use; or
(v) some alteration in the grantee’s operational requirements or some change in government legislation or by-laws or planning requirements renders the grantee’s use of the stipulated area obsolete or unnecessary, then the easement may be terminated immediately by the grantee by written notice to the grantor.
(g) Termination of the easement does not affect the rights and liabilities of the parties in relation to any cause of action accruing prior to termination.
(h) The grantee has the right at or prior to the termination of the easement to remove from the stipulated area all
above-ground fixtures, fittings, plant, machinery, cables and other equipment erected or brought by it onto the stipulated area.
(i) The grantor will attend to and pay the grantee’s costs in the preparation and execution of this easement instrument. The grantor will attend to registration of this easement instrument at the grantor’s cost.
Twelfth Schedule
Conditions of Right to Convey Water Easement in Gross and Right to Drain Water Easement in Gross
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
2. Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by
the Land Transfer Regulations 2002.
3. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations and the modifications set out herein, the modifications must prevail.
4. References in clauses 3(1) and 4(1) of the Fourth Schedule of the above Regulations to the Dominant Land shall be deleted for the purposes of this easement.
5. The Grantee shall have the right to dig up to any depth the soil of the portions of the servient land and to lay down and construct pipes of such size and material as the Grantee thinks fit for the purpose of this easement.
6. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures 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.
7. The Grantee may convey water and drain water in any quantities.
8. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
9. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water and/or drain water along the stipulated course.
10. All 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 those grants of easements.
Dated at Auckland this 14th day of May 2010.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10877)