Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right to drain sewage as an easement in gross, as set out in Schedule 4 to the Land Transfer Regulations 2002, is hereby acquired and vested in the Taupo District Council on the date of publication of this notice in the New Zealand Gazette over the land described in the First Schedule to this notice (the stipulated course) on the terms and conditions set out in the Second Schedule to this notice.
South Auckland Land District-Taupo District
Parts Lot 1 DPS 70914; marked "B" and "D" on SO 434185 (part Computer Freehold Register SA57A/158).
Part Lot 2 DP 314186; marked "C" on SO 434185 (part Computer Freehold Register 56071).
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 in Schedule 4 to
the Land Transfer Regulations 2002 including the modifications contained in clause 2 below. In the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated herein shall prevail.
2. Clause 10(1)(b) in Schedule 4 to the Land Transfer Regulations 2002 is deleted and replaced with:
if no suitable easement facility exists, the right to lay, install and construct an easement facility reasonably required by the grantee through and along the stipulated course together with the right
to enter onto additional land to a maximum width of 15 metres along the easement route for the purpose of installing and constructing the easement facility (including the right to excavate land for the purpose of that construction).
3. The grantee may use the easement for all sewerage purposes in accordance with the Local Government Act 1974 (including any Act amending or replacing the same).
4. The grantor covenants with the grantee that the grantor will not at any time:
4.1 Do or permit to be done anything on the servient land which may damage or obstruct the stipulated course or which may prevent the grantee from obtaining reasonable access to the easement facility.
4.2 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 grantee of the rights, powers, licences and privileges granted under this instrument.
4.3 Except with the prior written consent of the grantee, and then only in accordance with such terms and conditions as it may impose in respect of such consent given:
4.3.1 Plant or cause or allow to be planted any trees larger than 1.5 metres on the stipulated course.
4.3.2 Erect or place thereon or cause or allow to be erected or placed on the stipulated course any buildings or other erections or fences (other than a boundary fence).
4.4 Claim any compensation under the provisions of any statute or regulation whatsoever, except the Public Works Act 1981 and as set out in clause 6.6 below.
5. If in the reasonable opinion of the grantee, the grantor has breached the provisions of clause 4.3, the default provisions set out in clause 13 in Schedule 4 to the Land Transfer Regulations 2002 shall apply.
6. The grantee hereby covenants with the grantor that the grantee will:
6.1 At all times use reasonable care and skill when exercising the rights and powers under this instrument.
6.2 Maintain the easement facility in good repair.
6.3 Avoid causing any unnecessary damage to the servient land and the easement facility.
6.4 Avoid causing any unnecessary interference with the grantor’s use or enjoyment of the servient land.
6.5 Give prior written notice (at least 48 hours) and consult the grantor before entering the servient land for execution of any works under this instrument except in the case of emergencies.
6.6 Repair and make good all damage to fences, gates and structures upon the servient land caused directly or indirectly by the grantee undertaking any works in furtherance of the rights, powers, licences and privileges granted under this instrument.
6.7 Sufficiently compensate the grantor or rectify damage caused to the servient land by any subsequent maintenance or works or defect in the easement facility, where such damage has not been caused by the grantor, nor by the grantor’s lessees or invitees, and the grantor and its lessees or invitees are not responsible for such defects.
6.8 Indemnify the grantor from all actions, suits, proceedings, claims or demands which are hereinafter brought or made against the grantor as a direct result or indirect result of the exercise by the grantee of any of its rights granted herein.
6.9 Maintain stockproof fences around any above-ground air vent chambers constructed on the servient land.
7. The grantee in consultation with the grantor may take all reasonable measures which it considers necessary for the safety of persons or property on the servient land in connection with the easement facility, including without limitation the right to erect fences, signs and notices warning of any danger.
8. The grantor shall not be liable for any damages that may be caused to any equipment placed by the grantee on any of the servient land or otherwise than through the wilful act or default of the grantor or the grantor’s employees, contractors and other invitees.
9. The easement facility placed on the servient land by the grantee, its employees, contractors or any person under its control shall remain the property of the grantee, 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 this instrument, the grantee, its employees, contractors or any person under its control shall dismantle and remove the easement facility from the servient land and restore
the servient land to the condition it was in prior to the rights under this easement being granted.
Dated at Wellington this 10th day of December 2010.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2010/15294 - Pinedale)