Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Trevor Knowles, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over:
(a) The land of Robertus Andreaus Stolte ("The First Grantor"); and
(b) The land of Michael David Dunn and Lee Margaret McManus ("The Second Grantor"); and
(c) The land of Nigel Wood and Clare Patricia McComb ("The Third Grantor"); and
(d) The land of Nigel Wood and Claire Patricia McComb ("The Fourth Grantor")
(the First, Second, Third and Fourth Grantors each to be known as "The Owner"), being the land described in the First Schedule to this notice for the purposes of the Oakura Pipeline upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the New Plymouth District Council ("the Council") as Grantee on the date of publication hereof in the New Zealand Gazette.
Taranaki Land District-New Plymouth District
First Schedule
The First Grantors' Land
Lot 1 DP 20043 (Computer Freehold Register TNL1/188).
The Second Grantors' Land
Lot 1 DP 17640 (Computer Freehold Register TNJ3/397).
The Third Grantors' Land
Lot 7 DP 19360 (Computer Freehold Register TNK3/698).
The Fourth Grantor's Land
Lot 1 DP 17677 (Computer Freehold Register TNJ3/602).
(The First, Second, Third and Fourth Grantors' Land together to be known as "The Land").
Second Schedule
Easement to be Acquired
A right to drain sewage and stormwater easement in
gross over that part of The Land marked "A" and "B" on LT 423148, a right to drain sewage easement in gross
over that part of The Land marked "C" and "D" on LT 423148 and a right to drain stormwater easement in gross over that part of The Land marked "E" and "F" on LT 423148 (The Land marked "A", "B", "C", "D", "E" and "F" together to be known as "The Servient Land").
Third Schedule
Easement Rights and Powers and Covenants
1. Together with the additional rights and powers set out
in this Schedule the easement shall contain the rights and powers implied in such easements by the Fourth Schedule to the Land Transfer Regulations 2002 and in the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated shall prevail.
2. The Council may use the Easement for all sewerage
and stormwater purposes in accordance with the Local Government Act 1974 (including any Act amending or replacing the same).
3. The Owner covenants with the Council that it will not at any time:
3.1 Do or permit to be done anything on the Servient Land which may damage or obstruct the easement facility or which may prevent the Council from obtaining reasonable access to the Easement Facility;
3.2 Do or permit to be done anything on the Servient Land which may interfere with or affect the full and free use and enjoyment by the Council of the rights, powers, licences and privileges granted under the easement;
3.3 Except with the prior written consent of the Council and then only in accordance with such terms and conditions as it may impose in respect of such consent given:
3.3.1 Plant or cause or allow to be planted any medium or large trees on those areas
marked "A", "B", "C", "D", "E" and "F" on LT 423148;
3.3.2 Erect or place thereon or cause or allow to be erected or placed thereon any buildings or other erections or fences (other than a boundary fence);
3.4 Claim any compensation under the provisions of any Statute or Regulation whatsoever, except as set out in 4.5 below.
4. The Council hereby covenants with the Owner that the Council will:
4.1 At all times use reasonable care and skill when exercising the above rights and powers.
4.2 Avoid causing any unnecessary damage to the Servient Land and the easement facility.
4.3 Avoid causing any unnecessary interference with the Owner's use or enjoyment of the Servient Land.
4.4 Give prior notice (at least 48 hours) and consult the Owner before entering The Land for execution of works except in the case of emergencies.
4.5 Repair and make good all damages to fences, gates and structures upon the Servient Land directly caused by the Council undertaking any works in furtherance of the rights, powers, licences and privileges granted under the easement.
4.6 Sufficiently compensate the Owner or rectify the damage caused to the Owner's land by any subsequent maintenance or defect in the easement facility, where such damage has not been caused by the Owner nor by the Owner's lessees or invitees and the Owner and its lessees and invitees are not responsible for such defects.
5. The Council may take all reasonable measures which it considers necessary for the safety of persons or property on the Servient Land including without limitation the right to erect fences, signs and notices warning of any danger.
6. The Owner of the Servient Land shall not be liable for any damages which may be caused to any equipment placed by the Council on any part of the Servient Land otherwise than through the wilful act or default of the Owner or the Owner's employees, contractors and other invitees.
7. All equipment placed on the Servient Land by the Council, its employees, contractors or any person under its control shall remain the property of the Council, its employees, contractors or any person under its control and shall not become a fixture on the Servient Land and upon the expiration or earlier determination of the easement, the Council, its employees, contractors or any person under its control shall dismantle and remove such equipment from the Servient Land.
Dated at Wellington this 7th day of July 2010.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2010/15034)