Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand:
(a) Pursuant to section 116, declares the portions of service lane described in the First, Second, Third and Fourth Schedules to this notice to be stopped.
(b) Pursuant to sections 117 and 120(3), declares:
(i) the stopped road described in the First Schedule to be amalgamated with the balance of the land in Computer Freehold Register SA325/88, subject to Mortgage S336993;
(ii) the stopped road described in the Second Schedule to be amalgamated with the land in Computer Freehold Register SA7C/1391, subject to Mortgage B244427;
(iii) the stopped road described in the Third Schedule to be amalgamated with the land in Computer Freehold Register SA7D/778, subject to Mortgage B244427;
(iv) the stopped road described in the Fourth Schedule to be amalgamated with the land in Computer Freehold Register SA8A/323, subject to Mortgage B244427.
(c) Pursuant to section 28, declares the land described in the Fifth Schedule to this notice to be subject to a right to drain sewage easement in gross in favour of the Waipa District Council on the terms and conditions set out in the Sixth Schedule to this notice.
South Auckland Land District-Waipa District
First Schedule
Road Stopped and Amalgamated
Area
m2 Description
187
Adjoining or passing through Lot 4 and part
Lot 3 DP 10835; shown as Section 1 on SO 447452.
Second Schedule
Road Stopped and Amalgamated
Area
m2 Description
108 Adjoining or passing through Lot 3 DPS 9478, Part Lot 1 DPS 10149, Lot 9 DPS 1253 and Section 132 Teasdale Settlement; shown as Section 2 on SO 447452.
Third Schedule
Road Stopped and Amalgamated
Area
m2 Description
123 Adjoining or passing through Lot 2 DPS 86639, Lots 1 and 2 DPS 38130, and Lots 5, 6, 7 and 8 DPS 1253; shown as Section 3 on SO 447452.
Fourth Schedule
Road Stopped and Amalgamated
Area
m2 Description
33 Adjoining or passing through Lots 4 and 5 DPS 1253, Lot 2 DPS 38130, and Section 133 Teasdale Settlement; shown as Section 4 on SO 447452.
Fifth Schedule
Easement Area
Purpose
Shown Servient Tenement Grantee
Right to drain sewage A on SO 447452 Section 3 SO 447452 Waipa District Council
Sixth Schedule
Unless otherwise provided below, the rights and powers implied are those prescribed by the Land Transfer Regulations 2002.
The implied rights and powers are hereby varied and added to by the provisions set out below:
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
2. Where there is a conflict between the provisions of Schedule 4 to the Land Transfer Regulations and the modifications in this notice, the modifications must prevail.
3. The Grantee shall have the right to dig up to any depth the soil of the servient land and to lay down and construct easement facilities of such size and material as the Grantee thinks fit for the purpose of this easement and shall have the right to increase or enlarge the easement facilities as the Grantee thinks fit.
4. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on, over or above 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 the Fourth Schedule to the Land Transfer Regulations 2002 are modified by 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, 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 that Grantor and at that Grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by that Grantor responsible must be in proportion to the amount attributable to that act or omission (with
the balance payable in accordance with Clause 11 of Schedule 4).
6. The Grantee may drain sewage in any quantities.
7. The Grantees 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 drain sewage 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 powers vested in it at common law or by statute independently of this grant of easement.
Dated at Wellington this 9th day of February 2012.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10877)