Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Natasha Pollard, Land Information
New Zealand, declares that, an agreement to that effect having been entered into, a right to drain sewage in gross, with the rights and powers contained in Land Transfer Regulations 2002 and/or Schedule Five of the Property Law Act 2007, together with the following variations contained in the Third Schedule to this notice, is hereby acquired over the land described in the First Schedule to this notice and shall vest in the Tauranga City Council ("the Grantee")
and a right to drain sewage in gross and a right to convey water in gross, with the rights and powers contained in Land Transfer Regulations 2002 together with the following variations contained in the Fourth Schedule to this notice, is hereby acquired over the land described in the Second Schedule to this notice and shall vest in the Tauranga City Council ("the Grantee"); on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Tauranga City
First Schedule
Easement Acquired for Right to Drain Sewage in Gross
Part Lot 1 DP 406214; marked "B" on LT 459568 (part Computer Freehold Register 421798).
Part Lot 3 DPS 39315; marked "C" on LT 459568 (part Computer Freehold Register 421798).
Part Lot 1 DP 314620; marked "D" on LT 459568 (part Computer Freehold Register 57873).
Part Lot 1 DPS 52389; marked "E" on LT 459568 (part Computer Freehold Register SA44B/889).
Second Schedule
Easement Acquired for Right to Drain Sewage in Gross and a Right to Convey Water in Gross
Part Allotment 139 Suburbs of Greerton; marked "A" on LT 459568 (part Computer Freehold Register SA45B/383).
Third Schedule
Rights and Powers Varied, Negatived, Added to or Substituted
The Parties Further Agree
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. 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.
3. The rights and powers set out in clause 5 of Schedule 4 to the Regulations shall apply provided however that clause 5(3) shall be deleted.
4. 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.
5. 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 servient tenement or similar facilities of the Grantee connected to the easement(s) 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 the Grantor and at the Grantor's sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor responsible must be in proportion to
the amount attributable to that act or omission
(with the balance in accordance with clause 11 of Schedule 4 to the Regulations).
6. The Grantee may drain sewage in any quantities.
7. The Grantee's 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 convey or discharge 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 other powers vested in it at common law or by statute independently of these grants of easement.
Fourth Schedule
Rights and Powers Varied, Negatived, Added to or Substituted
The Parties Further Agree
1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 ("the Regulations") shall take those meanings.
2. 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.
3. The rights and powers set out in clauses 3 and 5 of Schedule 4 to the Regulations shall apply provided however that:
(a) reference in clause 3(1) of Schedule 4 to the Regulations to the Dominant Land shall be deleted for the purpose of this Easement Instrument; and
(b) clauses 3(3) and 5(3) shall be deleted.
4. 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.
5. 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 servient tenement or similar facilities of the Grantee connected to the easement(s) 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 the Grantor and at the Grantor's sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor responsible 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).
6. The Grantee may convey water or drain sewage in any quantities.
7. The Grantee's 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 convey water or 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 other powers vested in it at common law or by statute independently of these grants of easement.
10. The Grantee indemnifies the Grantor against any physical damage to the Servient Land or anything located on the Servient Land where that damage is caused by an act or omission of the Grantee in breach
of this Easement Instrument or any negligent act or omission of the Grantee.
Dated at Wellington this 26th day of July 2013.
N. POLLARD, for the Minister for Land Information.
(LINZ CPC 2005/10907)