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 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 drainage purposes and shall vest in the Tauranga City Council;
(b) Pursuant to section 42(4), declares that, an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is hereby surrendered;
(c) Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right
to drain water 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 Third 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 Council
First Schedule
Land Acquired for Drainage Purposes
Area
m2 Description
13
Part Lot 6 DPS 10092; shown as Section 9 on SO 407665 (part Computer Freehold Register SA9C/726). 292 Part Lot 5 DPS 10092; shown as Section 10 on SO 407665 (part Computer Freehold Register SA9C/725).
Second Schedule
Easement Surrendered
Area
m2 Description
Part Lot 5 DPS 10092; shown coloured blue on instrument diagram S501225. Third Schedule
Easement Acquired for Right to Drain Water in Gross
Area
m2 Description
28
Part Lot 6 DPS 10092; marked "G" on SO 407665 (part Computer Freehold Register SA9C/726). 73 Part Lot 5 DPS 10092; marked "H" on SO 407665 (part Computer Freehold Register SA9C/725).
Rights and Powers Varied and Added
Background
The easements are granted as a condition of subdivision consent pursuant to section 220(1)(f) of the Resource Management Act 1991.
The Parties Further 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 and the modifications
in this easement instrument, the modifications must prevail.
3. The rights and powers set out in paragraph 4 of Schedule 4 to the Regulations shall apply provided, however, that:
(a) reference in clause 4(1) of the Regulations to the dominant land shall be deleted for the purpose of this easement instrument; and
(b) clause 4(3) shall be deleted.
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, provided that the grantee accepts that the stipulated area may be used by the grantor for carparking purposes.
5. The maintenance provisions in Schedule 4 to the Regulations are modified by adding the following:
Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the grantee connected to
the easement(s) that is necessary because of any act
or omission by the grantor (which includes agents, employees, contractors, subcontractors and invitees of that grantor) must be carried out promptly by the grantor and at the grantor's sole cost. Where the act
or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with clause 11 of Schedule 4 of the Regulations).
6. The grantee may convey or discharge water in any quantities.
7. The grantee's rights to the easement facility or facilities under this easement are exclusive.
8. Nothing contained or implied by this easement shall be deemed to compel the grantee to convey or discharge water along the Stipulated Course.
9. 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 other powers vested in it at common law or by statute independently of these grants of easement.
Dated at Auckland this 20th day of January 2010.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10907)