Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ainslie Drysdale, 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 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 in gross, 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 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 and Western Bay of Plenty District
First Schedule
Land Acquired for Stormwater Pond
Area
ha Description
2.7240
Part Lot 2 DP 371110; shown as Section 1 on SO 437140 (part Computer Freehold Register 287806).
Second Schedule
Easement Acquired for a Right of Way in Gross
Area
ha Description
-
Part Lot 2 DP 371110; marked "A" on SO 437140 (part Computer Freehold Register 287806).
Rights and Powers Varied and Added
1. DEFINITIONS
In this instrument unless the context indicates otherwise:
"Stipulated Area" means that part of the Servient Land marked "A" on SO 437140;
"Servient Land" is the land owned by the Grantor
being the servient tenement described in part Computer Freehold Register 287806; and
"Stormwater Pond" means the stormwater pond on the land defined as Section 1 SO 437140.
2. GRANT OF RIGHT OF WAY EASEMENT
2.1 The Grantor grants to the Grantee, its employees, contractors, licencees and invitees (in common with
the Grantor, the Grantor's tenants and any other
person authorised by the Grantee) as an easement in gross the right forever to pass and repass at all
times over and along the Stipulated Area on foot and with motor and other vehicles, laden or unladen for the purpose of maintaining and repairing the Stormwater Ponds.
2.2 The Grantee also has the right, subject to section 3, to enter and remain for a reasonable time on the Stipulated Area or any other parts of the Servient Land as are reasonable:
2.2.1 to inspect, maintain or repair the surface of the Stipulated Area; and
2.2.2 to do anything else in the full exercise of its rights in this easement instrument, with the Grantee's agents, contractors and employees, and with or without tools, plant, equipment and vehicles.
3. ACCESS
3.1 The Grantee's right of access in clause 2.2 may be exercised on giving reasonable notice to the Grantor, except in an emergency.
3.2 When obtaining access for the purposes of clause 2.2, the Grantee must cause as little disturbance as possible to the Grantor's use and enjoyment of the Servient Land; and
3.2.1 repair any damage caused by the Grantee to the Servient Land so as to restore it as nearly as possible to its former condition.
4. MAINTENANCE AND REPAIR
4.1 Subject to clause 4.2, 4.3 and 4.4, the Grantor and the Grantee will be equally responsible for maintaining
the surface of the Stipulated Area in a reasonable state of repair as a metalled driveway for the purposes of access to the Stormwater Pond and the dwelling on
the Servient Land.
4.2 If the Servient Land is subdivided or developed further than exists at the date of registration of this instrument, or the use of the Stipulated Area is materially increased, clause 4.1 will no longer apply and the Grantee and
the Grantor will thereafter each be liable for a fair proportion of the maintenance costs based on usage.
4.3 The Grantor may at any time in the future upgrade the surface of the Stipulated Area. Such work will be at
the Grantor's sole discretion and cost, however the Grantee will not be liable for the costs of maintenance above the costs that would apply to a metalled driveway as contemplated in clause 4.1.
4.4 Any damage to the surface of the Stipulated Area that is caused by either party or any person under the control or direction of that party must be made good promptly by that party.
5. GRANTOR'S OBLIGATIONS
The Grantor may not:
5.1 place or allow any obstruction to the use and enjoyment of the right of way, whether by parked vehicle, rubbish or otherwise; or
5.2 do anything or allow anything to be done which interferes with or adversely affects the rights of the Grantee under this easement instrument.
6. NO POWER TO TERMINATE
There is no implied power in this easement instrument for the Grantor to terminate the easement rights due to the Grantee breaching any term of this easement instrument or for any other reason, it being the intention of the parties that the easement rights continue forever unless surrendered.
7. STATUTORY RIGHTS AND POWERS
The rights in this easement instrument are in substitution for those rights set out in the Fourth Schedule to the Land Transfer Regulations 2002 and the rights set out in the Fifth Schedule to the Property Law Act 2007, but otherwise this easement does not affect any statutory powers which the Grantee may have.
8. DISPUTES
If any dispute arises between the Grantor and the Grantee about the interpretation of this easement instrument or the parties' rights and obligations under this easement instrument which cannot be resolved by negotiation, the parties must submit at the request of either party to the arbitration of an independent arbitrator. The arbitrator is to be appointed jointly by the parties, or if they cannot agree on one within 14 days,
by the President for the time being of the District Law Society where the Servient Land is situated. The arbitration will be conducted under the Arbitration Act 1996 and its amendments or any statute which replaces it. The parties' execution of this instrument is to be treated as a submission to arbitration.
Dated at Wellington this 18th day of March 2011.
A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10907)