Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Teresa Buckthought, Land Information New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the drainage right easement in gross described in the Second Schedule to this notice is acquired over the land of CDL Land New Zealand Limited described in the First Schedule to this notice
upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Crown ("the Grantee") on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Auckland
First Schedule
The Grantor's Land
Section 18 SO 433595 ("the servient land").
Second Schedule
Easement to be Acquired
A drainage easement in gross over all of Section 18 SO 433595 ("the Easement").
Third Schedule
Terms and Conditions
1. "The Grantor" is the registered proprietor for the time being of Section 18 SO 433595.
2. The Easement shall contain the rights and powers implied into such easements by the Fourth Schedule
to the Land Transfer Regulations 2002, subject to the following variations:
Clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002 is deleted and substituted by the following clause:
11. Repair, maintenance and costs
(1) The Grantor is solely responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the easement facility in good order and to prevent it from becoming a danger or nuisance.
(2) In carrying out any works under 11(1), the Grantor:
(i) must meet any associated requirements of the relevant local authority; and
(ii) must promptly carry out at that party's sole cost any repair and maintenance.
(3) The Grantee bears the cost of all work done outside the servient land.
3. In the event of any conflict between the implied rights and powers and the rights and powers expressly stated, the rights and powers expressly stated shall prevail.
Dated at Wellington this 6th day of September 2013.
T. BUCKTHOUGHT, for the Minister for Land Information.
(LINZ CPC/2011/16005)