Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Kerry McPhail, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, a right to drain water
by means of easement in gross by Athol Claude Parlane
(the "Grantor"), is acquired over the land described in the First Schedule to this notice upon terms and conditions described in the Second Schedule to this notice and shall vest in the Far North District Council (the "Grantee") on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Far North District
First Schedule
Easements to be Acquired
Part Lot 2 DP 406263; marked "A" on SO 462836 (part Computer Freehold Register 421975).
Part Lot 2 DP 406263; marked "C" on SO 462836 (part Computer Freehold Register 421975).
Part Lot 3 DP 406263; marked "B" on SO 462836 (part Computer Freehold Register 421976).
Second 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/or the Fifth Schedule of the Property Law Act 2007 except as varied herein:
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 of the Land Transfer Regulations 2002, and the modifications in this easement, the modifications in this easement shall prevail.
3. Clause 11(1) of Schedule 4 of the Land Transfer Regulations 2002, is hereby amended to add:
"the Grantee shall repair any damage to that portion
of the pipeline located under the driveway, at their own expense if caused by the Grantor’s access use
of heavy vehicles upon the driveway, or alternatively relocate the pipeline and associated easement at the Grantee’s expense to avoid any future damage to
the pipeline from traffic. The Grantor will remain responsible to repair any deliberate damage to the pipeline in this location, or damage associated with digging up the driveway or failing to maintain the drive in a normal manner".
Dated at Wellington this 19th day of April 2013.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10885)