Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand:
(a) Pursuant to section 116, declares the portions of road described in the First Schedule to this notice to be stopped and to remain vested in the Waipa District Council.
(b) Pursuant to section 28, declares the land described in the Second Schedule to this notice to be subject to a right to convey water easement in gross in favour of the Waipa District Council on the terms and conditions set out in the Third Schedule to this notice.
South Auckland Land District-Waipa District
First Schedule
Road Stopped
Area
m2 Description
2342
Adjoining or passing through Lot 1 DP 400538, Lot 2 DPS 52341 and Section 1 SO 398389; shown as Section 1 on SO 450641.
2524 Adjoining or passing through Allotments 199 and 594 Town of Cambridge West and Lot 1 DP 400538; shown as Section 2 on SO 450641.
Second Schedule
Easement Area
Purpose Shown as Servient Tenement Grantee
Right to convey water "A" on SO 450641 Section 2 SO 450641 Waipa District Council
Third Schedule
Unless otherwise provided below, the rights and power implied in specified classes of easements are those prescribed by the Land Transfer Regulations 2002.
The implied rights and powers are hereby varied and added to by the following provisions:
1. Unless the context otherwise provides:
Stipulated Course means the area shown as "A" on SO 450641; and
Easement Facilities means pipes.
2. Any terms used but not defined in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
3. Where there is a conflict between the provisions of Schedule 4 to the Land Transfer Regulations 2002 and the modifications in this Schedule, the modifications must prevail.
4. The Grantee shall have the right to dig up to any depth the soil of the Stipulated Course 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 from time to time as the Grantee thinks fit.
5. 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.
6. The maintenance provisions in the Fourth Schedule to the Land Transfer Regulations 2002 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 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).
7. The Grantee may convey water in any quantities.
8. The Grantee’s rights to the easement facility or facilities are exclusive.
9. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water along the Stipulated Course.
10. The Grantor shall, at any time, have the right to require the Grantee to surrender this easement, provided that it shall contemporaneously grant the Grantee an easement in substitution, on the same terms (apart from the location and clauses 11-13) as this easement ("Substitute Easement").
11. The Substitute Easement shall be located on that part of the land currently comprised in Computer Freehold Register 577971 as shall be agreed between the Grantor and Grantee, acting in good faith.
12. The Grantor shall pay all the Grantee’s reasonable costs associated with:
(a) The surrender of this easement and the registration of the Substitute Easement; and
(b) The laying of pipes for the Substitute Easement in the replacement stipulated course.
13. 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 by common law or by statute independently of this grant of easement.
Dated at Wellington this 7th day of June 2012.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10877)