Pursuant to sections 20 and 48 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 of way, right to drain sewage, right to convey water, electricity, telecommunications and computer media, 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 Schedules to this notice
and shall grant to the Grantee by the Grantor on the date
of publication hereof in the New Zealand Gazette.
South Auckland Land District-Tauranga City
First Schedule
Easement Acquired for a Right of Way, Right to
Drain Sewage, Right to Convey Water, Electricity, Telecommunications and Computer Media
Area
m2 Description
446
Part Lot 13 DPS 36859; marked "A" on SO 443959 (part Computer Freehold Register 74748).
Second Schedule
Easement Acquired for a Right to Drain Sewage
Area
m2 Description
126
Part Lot 13 DPS 36859; marked "B" on SO 443959 (part Computer Freehold Register 74748).
Definitions
Grantee means the registered proprietor of the land in Computer Interest Register 387937.
Grantor means the registered proprietor of the land in Computer Freehold Register 74748.
Rights and Powers Varied and Added
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. The provisions of Schedule 5 to the Property Law Act 2007 are hereby negated.
3. 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.
4. The rights and powers set out in paragraphs 3, 4, 5, 6, 7 and 8 of Schedule 4 to the Regulations shall apply.
5. 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.
6. Clauses 11(2) and 11(3) of Schedule 4 to the Regulations are hereby deleted.
7. 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 sentient tenement or similar facilities of the Grantor connected to the easement(s) that is necessary because of any act or omission by the Grantee (which includes agents, employees, contractors, subcontractors and invitees
of the Grantee) must be carried out promptly by the Grantee and at the Grantee's sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantee 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)."
8. The Grantee may convey or discharge water, electricity, telecommunications, computer media or sewage in any quantities.
9. Any rights or immunities from liabilities, powers and remedies which the Grantor may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantor 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 5th day of December 2011.
A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10907)