Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ainslie Drysdale, Land Information
New Zealand, declares that, an agreement to that effect having been entered into, a right to convey water, with
the rights and powers contained in Schedule 4 of the
Land Transfer Regulations 2002, together with following variations, is hereby acquired over the land described in the First 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
Schedule
Area
m2 Description
-
Part Lot 2 DPS 86906; marked "A" on DP 429013 (part Computer Freehold Register SA68D/318).
347 Part Lot 2 DPS 83941; marked "A" on SO 437866 (part Computer Freehold Register SA67D/44).
119 Part Lot 57 DPS 63229; marked "E" on SO 437866 (part Computer Freehold Register SA17C/1357).
641 Part Lot 1 DPS 86332; marked "F" on SO 437866 (part Computer Freehold Register SA68B/623).
34 Part Lot 54 DPS 82355; marked "A1" on SO 437866 (part Computer Freehold Register SA65B/84 and SA65B/85).
110 Part Lot 10 DPS 82355; marked "A2" on SO 437866 (part Computer Freehold Register SA65B/85).
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 3 of Schedule 4 to the Regulations shall apply provided however
that reference in clause 3(1) of the 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 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 Wellington this 14th day of March 2011.
A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10907)