Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, R. J. Sutherland, 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 Paul Michael Holdcroft and Penelope Jane Holdcroft ("The First Grantor"); and
(b) The land of Sara-Joy Harvey as to a one-half share and Talei Sheree Harvey as to a one-half share ("The Second Grantor"); and
(c) The land of Haydon Keith Read and Lara Jane Churchill ("The Third Grantor"); and
(d) The land of Sally Jane Laing and Bruce Carlaw Richards ("The Fourth Grantor"); and
(e) The land of Edward Roger Thompson and Alexandra Thompson ("The Fifth Grantor"); and
(f) The land of Bryan Richard Goodhue and Raechel Louise Goodhue ("The Sixth Grantor"); and
(g) The land of Peter David Mead and Shelley Eve Mead as to a one-half share and Joshua Paul Mead and Stacey Lee Niwa as to a one-half share ("The Seventh Grantor"); and
(h) The land of Christopher John Ferguson and Leanne Ferguson ("The Eighth Grantor"); and
(i) The land of Margaret Anne Kitchin and Lois Ann Wilson and Gresham Walkinton Trustee Company Limited ("The Ninth Grantor"); and
(j) The land of Alex Ingram and Hayley-Ann Ingram ("The Tenth Grantor"); and
(k) The land of Ian Blair Ivess and Helen Anne Ivess ("The Eleventh Grantor"); and
(l) The land of Jonathon Timothy Cook and Angela Jane Cook ("The Twelfth Grantor"); and
(m) The land of Sara Jane Greensill and Michael Edward Van Prehn ("The Thirteenth Grantor"); and
(n) The land of Craig Lyall Farrant and Glenys Mair Farrant ("The Fourteenth Grantor"); and
(o) The land of Renatus Van Bergen and Tania Fennis Fraser ("The Fifteenth Grantor")
(the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth and Fifteenth 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 Grantor’s Land
Lot 1 DP 14245 (Computer Freehold Register TNG1/613).
The Second Grantor’s Land
Lot 2 DP 14245 (Computer Freehold Register TNG1/614).
The Third Grantor’s Land
Lot 3 DP 14245 (Computer Freehold Register TNG1/615).
The Fourth Grantor’s Land
Lot 5 DP 14245 (Computer Composite Register TNG1/617).
The Fifth Grantor’s Land
Lot 1 DP 14428 (Computer Freehold Register TNG4/1011).
The Sixth Grantor’s Land
Lot 2 DP 14428 (Computer Freehold Register TNG4/1012).
The Seventh Grantor’s Land
Lot 4 DP 13730 (Computer Freehold Register TNF4/207).
The Eighth Grantor’s Land
Lot 5 DP 13730 (Computer Freehold Register TNF4/208).
The Ninth Grantor’s Land
Lot 6 DP 13730 (Computer Freehold Register TNF4/209).
The Tenth Grantor’s Land
Lot 1 DP 382721 (Computer Freehold Register 330573).
The Eleventh Grantor’s Land
Lots 2 and 3 DP 382721 (Computer Freehold Register 330574).
The Twelfth Grantor’s Land
Lot 1 DP 384723 (Computer Freehold Register 338696).
The Thirteenth Grantor’s Land
Lot 2 DP 395731 (Computer Freehold Register 382155).
The Fourteenth Grantor’s Land
Lot 3 DP 395731 (Computer Freehold Register 382156).
The Fifteenth Grantor’s Land
Lot 9 DP 372142 (Computer Freehold Register 291761).
(The First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth and Fifteenth Grantors’ Land together to be known as "The Land").
Second Schedule
Easement to be Acquired
A right to drain sewage easement in gross over that part of The Land marked "A" and "B", "C", "D", "E", "F", "G", "H", "I", "J", "K", "L" and "M", "N" and "R", "O", "P" and "Q" on LT 423153 ("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 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" and "B", "C", "D", "E", "F", "G", "H", "I", "J", "K", "L" and "M", "N" and "R", "O", "P" and "Q" on LT 423153;
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 Auckland this 5th day of August 2010.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2010/15034)