Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Trevor Knowles, 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 local purpose (sewage treatment) reserve and shall vest in the Taupo District Council;
(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain sewage 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 Taupo District Council ("the Grantee")
on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Taupo District Council
First Schedule
Land Acquired for Local Purpose (Sewage Treatment) Reserve
Area
ha Description
3.9909
Part Lot 1 DPS 56581; shown as Lot 5 on LTS 71302 (part Computer Freehold Register SA47A/409).
Second Schedule
Easement to be Acquired
A right to drain sewage in gross over Part Lot 1 DPS 56581 marked "A" on LTS 71302 (part Computer Freehold Register SA47A/409 ("the Grantor")).
Rights and Powers Varied and Added
1. Any terms used in this easement that are defined in
the Land Transfer Regulations 2002 shall take those meanings.
2. 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 must prevail.
3. Reference in clause 5(1) of the Fourth Schedule of the above Regulations to the Dominant Land shall be deleted for the purpose of this easement instrument.
4. 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.
5. The Grantee may drain sewage in any quantities.
6. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
7. Nothing contained or implied by this easement shall be deemed to compel the Grantee to drain sewage along the stipulated course.
8. 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 powers vested in it at common law or by statute independently of these grants of easements.
Dated at Wellington this 23rd day of July 2010.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2006/11200)