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 stormwater retention pond and shall vest in the Tauranga City Council;
(b) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right of way, 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 Tauranga City Council ("the grantee")
on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Tauranga City
First Schedule
Land Acquired for Stormwater Retention Pond
Area
ha Description
0.4417
Part Lot 49 DPS 2174; shown as Section 1 on SO 429222 (part Computer Freehold Register SA1207/291).
Second Schedule
Easement Acquired for Right of Way in Gross
Area
m2 Description
1100
Part Lot 49 DPS 2174; marked "A" on SO 429222 (part Computer Freehold Register SA1207/291).
283
Part Lot 1 DPS 2174; marked "B" on SO 429222 (part Computer Freehold Register SA2D/891).
6 Part Lot 49 DPS 2174; marked "C" on SO 429222 (part Computer Freehold Register SA1207/291).
Rights and Powers Varied and Added
The Parties Agree
1. Any terms used in this easement that are defined in
the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. Where there is a conflict between the provisions of Schedule 4 to the Regulations, Schedule 5 to the Property Law Act 2007 and the modifications in this easement instrument, the modifications must prevail.
Right of Way
3. The rights and powers set out in paragraph 6 of Schedule 4 to the Regulations and Schedule 5 to the Property Law Act 2007 shall apply.
4. The rights and powers set out in clause 11(2) of Schedule 4 to the Regulations are deleted and replaced with the following:
"11(2)(a) The Grantor is responsible for establishing at the Grantor’s cost a driveway over the easement area marked "A", "B" and "C" on SO Plan 429222 and the repair and maintenance of the easement facility, and for the associated costs, so as to
keep facility in good order and to prevent it from becoming a danger or nuisance"
5. The rights and powers set out in clauses 2(d) and 3(3) of Schedule 5 to the Property Law Act 2007 are deleted.
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. Any rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled
to by virtue of statute or common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in at common law or by statute independently of these grants of easement.
Dated at Wellington this 18th day of October 2010.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10907)