Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Trevor Knowles, 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 hereby acquired for a local purpose (car park) reserve, subject to the Reserves Act 1977, and shall vest in the Waikato District Council;
(b) The land described in the Second Schedule to this notice is hereby acquired for a local purpose (scenic) reserve, subject to the Reserves Act 1977, and shall vest in the Waikato District Council;
(c) A right of way easement in gross for pedestrian and vehicular access is acquired over the land described in the Third Schedule to this notice upon the terms and conditions set out in the Fourth Schedule to this notice and shall vest in the Waikato District Council on the date of publication hereof in the New Zealand Gazette;
(d) An easement in gross for pedestrian access is acquired over the land described in the Fifth Schedule to this notice, upon the terms and conditions set out in the Sixth Schedule to this notice, and shall vest in the Waikato District Council on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Waikato District
First Schedule
Land Acquired for Local Purpose (Car Park) Reserve
Area
ha Description
0.0764 Part Allotment 111 and part Allotment 113 Karioi Parish; shown as Section 1 on SO 466366 (part Computer Freehold Register SA20C/800).
Second Schedule
Land Acquired for a Local Purpose (Scenic) Reserve
Area
ha Description
0.7602 Part Allotment 111 and Part Allotment 113 Karioi Parish; shown as Section 2 on SO 466366 (part Computer Freehold Register SA20C/800).
Third Schedule
Easement to be Acquired
That part of Allotment 111 and part Allotment 113 Karioi Parish; marked "A" on SO 466366 (part Computer Freehold Register SA20C/800).
Fourth Schedule
Easement Rights and Powers
The easement shall contain the rights and powers implied by the Fourth Schedule to the Land Transfer Regulations 2002 varied as set out below:
Interpretation
In this easement instrument, unless the context requires otherwise:
easement facility means the right of way established for access over the easement land.
easement land means the land described in the Third Schedule herein.
grantee means the Waikato District Council and where applicable includes its successors and its agents, employees, contractors, tenants, licensees and invitees.
grantor means Caroline Mary Swan, being the registered proprietor of the land described in
the Third Schedule and where applicable includes her successors in title and her agents, employees, contractors, tenants, licensees and invitees.
servient land means that parcel of land described in the Third Schedule herein over which this easement instrument is registered.
Grant of Right of Way
1. The grantor grants to the grantee for a term of 1000 years the right of the grantee in common with the grantor at all times, to go over and along the easement facility for use as a public pedestrian walkway, and to grant rights of access to the general public as invitees of the grantee including the right to enter upon the easement land with or without vehicles and machinery, engineers, contractors and workers for the purposes of laying, forming, inspecting, replacing and maintaining the easement facility.
Right of Way
2. The right to go over and along the easement facility includes the right to go over and along the easement facility by vehicle or on foot.
3. The right to go over and along the easement facility does not include the right to go over and along the easement facility with any firearm.
4. The right of way shall be for the use of the general public and:
(a) The grantee is entitled, in relation to the easement facility or its use, to enforce any bylaws made by
the grantee and for the time being in force. The easement facility is deemed to be a "public place" for the purposes of those bylaws.
(b) The grantee is entitled to close the easement facility to public access if it reasonably considers that a serious threat exists to the safety of the public, or for maintenance purposes.
5. The right of way includes:
(a) The right to establish and maintain access by vehicle and by foot and (if necessary for any of those purposes) to alter the state of the land over which
the easement is granted including, clearing by the grantee, by any means, vegetation that impedes access by the grantee; and
(b) The right to have the easement facility kept clear at all times of obstructions including any obstruction caused by bush and/or vegetation, that impedes access by the grantee.
6. Nothing in this right of way easement requires the grantor to contribute to the cost of the establishment and maintenance of access over and along the easement facility.
7. No dedication or vesting of any land in the grantee for road or otherwise is to be implied in the easement or by the exercise of access by the public at large.
8. The following provisions of the Fourth Schedule of the Land Transfer Regulations 2002 are deleted:
(a) Clause 6; and
(b) Clauses 11(1) and 11(2).
9. The meaning of any words in this Schedule shall be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.
10. Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.
11. For the avoidance of doubt, the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated.
Grantor's Covenants
12. The grantor covenants with the grantee that it will not
at any time do or permit to be done anything on
the easement land which may damage or obstruct the easement land or which may interfere with or affect
the full free use and enjoyment by the grantee
and members of the public of the rights, powers and privileges granted under this easement.
Repair and Maintenance
13. The grantee is responsible for arranging the repair and maintenance of the easement facility, and for its associated costs, so as to keep the easement facility in good order and to prevent it from becoming a danger or nuisance.
Grantee's Covenants
14. The grantee hereby covenants with the grantor that the grantee will:
(a) Maintain the easement facility, and keep it in good order and condition;
(b) At all times use reasonable care and skill when exercising the rights powers set out in this instrument.
(c) Avoid causing any unnecessary interference with the grantor's use or enjoyment of the easement land or the servient land.
15. For the purpose of performing any duty or in the exercise of any rights conferred by this instrument, the grantee may:
(a) Enter upon the servient land by a reasonable route with or without vehicles and machinery, engineers, contractors and workers and with all necessary tools and equipment for the purposes of laying, inspecting, replacing and maintaining the easement facility.
(b) Remain on the servient land for a reasonable time for the sole purpose of completing any necessary work in respect of the laying, formation and maintenance of the easement facility.
(c) Leave any vehicle or equipment on the servient land for a reasonable time if work pursuant to clause 15(a) is proceeding.
16. The grantor shall not be liable for any damages which may be caused to any equipment placed by the grantee on any part of the servient land otherwise than through the wilful act or default of the grantor or the grantor's employees, contractors and other invitees.
Fifth Schedule
Easement to be Acquired
That part of Allotment 111 and Part Allotment 113 Karioi Parish; marked "B" on SO 466366 (part Computer Freehold Register SA20C/800).
Sixth Schedule
Easements Rights and Powers
The easement shall contain the rights and powers implied by the Fourth Schedule to the Land Transfer Regulations 2002 varied as set out below:
Interpretation
In this easement instrument, unless the context requires otherwise:
easement facility means the right of way established for pedestrian access over the easement land.
easement land means that part of the grantor's land described in the Fifth Schedule herein.
grantee means the Waikato District Council and where applicable includes its successors and its agents, employees, contractors, tenants, licensees and invitees.
grantor means Caroline Mary Swann, being the registered proprietor of the land described in the Fifth Schedule herein and where applicable includes her successors in title and her agents, employees, contractors, tenants, licensees and invitees.
servient land means that parcel of land described in the Fifth Schedule herein over which this easement instrument is registered.
Grant of Right of Way
1. The grantor grants to the grantee for a term of 1000 years the right of the grantee in common with the grantor at all times, to go over and along the easement facility for use as a public pedestrian walkway, and to grant rights of access to the general public as invitees of the grantee including the right to enter upon the easement land with or without vehicles and machinery, engineers, contractors and workers for the purposes of laying, forming, inspecting, replacing and maintaining the easement land.
Right of Way
2. The right to go over and along the easement facility includes the right to go over and along the easement facility on foot only.
3. The right to go over and along the easement facility does not include the right to go over and along the easement facility with:
(a) Any type of powered motor vehicle including but not limited to cars, trucks, vans and motorbikes;
(b) any firearm.
4. The pedestrian right of way shall be for the use of the general public and:
(a) The grantee is entitled, in relation to the easement facility or its use to enforce any bylaws made by the grantee and for the time being in force. The easement facility is deemed to be a "public place" for the purposes of those bylaws.
(b) The grantee is entitled to close the easement facility to public access if it reasonably considers that a serious threat exists to the safety of the public, or for maintenance purposes.
5. The pedestrian right of way includes:
(a) The right to establish a walkway, to repair and maintain an existing walkway, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted including clearing by the grantee, by any means, vegetation that impedes access by the grantee; and
(b) The right to have the easement facility kept clear at all times of obstructions including any obstruction caused by bush and/or vegetation, that impedes access by the grantee.
6. Nothing in this right of way easement requires the grantor to contribute to the cost of the establishment of any dedicated walkway/footpath.
7. No dedication or vesting of any land in the grantee for road or otherwise is to be implied in the easement or by the exercise of pedestrian access by the public at large.
8. The following provisions of the Fourth Schedule of the Land Transfer Regulations 2002 are deleted:
(a) Clause 6; and
(b) Clauses 11(1) and 11(2).
9. The meaning of any words in this Schedule shall be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.
10. Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.
11. For the avoidance of doubt, the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated, the grant not being a vehicular right of way.
Grantor's Covenants
12. The grantor covenants with the grantee that it will not
at any time do or permit to be done anything on
the easement land which may damage or obstruct the easement land or which may interfere with or affect
the full free use and enjoyment by the grantee
and members of the public of the rights, powers and privileges granted under this easement.
Repair and Maintenance
13. The grantee is responsible for arranging the repair and maintenance of the easement facility, and for associated costs so as to keep the easement facility in good order and to prevent it from becoming a danger or nuisance.
Grantee's Covenants
14. The grantee hereby covenants with the grantor that the grantee will:
(a) Maintain the easement facility, and keep it in good order and condition;
(b) At all times use reasonable care and skill when exercising the rights powers set out in this instrument.
(c) Avoid causing any unnecessary interference with the grantor's use or enjoyment of the easement land or the servient land.
15. For the purpose of performing any duty or in the exercise of any rights conferred by this instrument the grantee may:
(a) Enter upon the servient land by a reasonable route with or without vehicles and machinery, engineers, contractors and workers and with all necessary tools and equipment for the purposes of laying, inspecting, replacing and maintaining the easement facility.
(b) Remain on the servient land for a reasonable time for the sole purpose of completing any necessary work in respect of the laying, formation and maintenance of the easement facitlity.
(c) Leave any vehicle or equipment on the servient land for a reasonable time if work pursuant to clause 15(a) is proceeding.
16. The grantor shall not be liable for any damages which may be caused to any equipment placed by the grantee on any part of the servient land otherwise than through the wilful act or default of the grantor or the grantors employees, contractors and other invitees.
Dated at Wellington this 28th day of March 2014.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10908)