Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to
that effect having been entered into:
(a) The land described in the First Schedule to this notice is acquired for water treatment site;
(b) The land described in the Second Schedule to this notice is acquired for water reservoir site;
(c) An easement in gross for a right of way is acquired over the land described in the Third Schedule to this notice, upon the rights and powers described in the Sixth Schedule;
(d) An easement in gross for rights to convey water, electricity, telecommunications and computer media is acquired over the land described in the Fourth Schedule
to this notice, upon the rights and powers described in the Sixth Schedule;
(e) An easement in gross for a right to convey electricity is acquired over the land described in the Fifth Schedule
to this notice, upon the rights and powers described in
the Sixth Schedule
and all shall vest in the Far North District Council on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Far North District
First Schedule
Land Acquired for Water Treatment Site
Area
m2 Description
3001
Part Lot 4 DP 439565; shown as Section 1 on SO 442980 (Part Computer Freehold Register 545053).
Second Schedule
Land Acquired for Water Reservoir Site
Area
m2 Description
849
Part Lot 4 DP 439565; shown as Section 2 on SO 442980 (Part Computer Freehold Register 545053).
Third Schedule
Easement to be Acquired
Part Lot 4 DP 439565; marked "A" on SO 442980 (Part Computer Freehold Register 545053).
Part Lot 9 DP 439565; marked "F" on SO 442980 (part Computer Freehold Register 545053).
Fourth Schedule
Easement to be Acquired
Part Lot 4 DP 439565; marked "A", "B", "C" and "D" on SO 442980 (Part Computer Freehold Register 545053).
Part Lot 9 DP 439565; marked "F" on SO 442980 (part Computer Freehold Register 545053).
Fifth Schedule
Easement to be Acquired
Part Lot 4 DP 439565; marked "E" on SO 442980 (part Computer Freehold Register 545053).
Sixth Schedule
Terms of Easements
The rights and powers implied shall be those set out in the standard provisions of Schedule 4 of the Land Transfer Regulations 2002 and Schedule 5 of the Property Law Act 2007, except as varied hereunder, and any such other conditions contained in the Memorandum of Agreement between the Far North District Council ("the Grantee")
and William John Ayrton and Thomas Craven Ayrton
("the Grantor") dated the 19th day of January 2011:
(a) The Grantor shall be responsible for any repairs or damage to the easement facility caused through its actions, and the Grantee shall be responsible for any repairs or damage to water supply lines caused through its actions.
(b) The Grantee shall:
(i) Supply the Grantor annually with 1000mü of water free of charge, such to include 250mü
of treated water should such source of treated water become available in the vicinity at some time in the future. Any additional usage over and above the free supply shall be charged at the applicable Council rate as fixed from time to time.
(ii) Ensure that all contractors entering the dominant or servient land on its behalf will
be advised to respect the Grantor's stock
and farming practises, and leaving all gates "as found", providing further that the Grantee shall repair any damaged fences and access immediately upon being notified of such damage being caused.
(iii) Maintain the point of backwash discharge
into Ohaupea Creek in order to minimise any erosion resulting from such discharge.
(iv) Ensure the water storage reservoir and treatment plant building are painted "light green" or "earthy colour" to help blend into the surrounding environment.
Dated at Wellington this 2nd day of November 2012.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10885)