Notice Type
Land Notices
Notice Title

Easements Acquired for a Right to Drain Water—State Highway 29, Lower Kaimai, Western Bay of Plenty District

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jemma Cooper, Land Information New Zealand, declares that, agreements to that effect having being entered into:

  1. The easement firstly described in the Second Schedule to this notice is acquired over the land of Celine Bradley, Denis Anthony Bradley and TDR Trustees Limited (“Grantor”) firstly described in the First Schedule to this notice, subject to section 5 of the Coal Mines Act 1979 and Encumbrance 7053377.1, and excluding coal and other minerals reserved by Proclamation S9636, and;
  2. The easement secondly described in the Second Schedule to this notice is acquired over the land of Keiron Henley Moore as to a ½ share and Keiron Henley Moore and Clifford William Charles Burmister as to a ½ share as Executors (“Grantor”) secondly described in the First Schedule to this notice, subject to section 5 of the Coal Mines Act 1979 and an easement of right of way created by Easement Instrument 7976843.1, and excluding coal and other minerals reserved by Proclamation S9636

upon the terms and conditions set out in the Third Schedule to this notice, and shall vest in the Crown (“Grantee”) on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District

First Schedule

The Grantor’s Land

Lot 2 DP 344421 being part of the land contained in Computer Freehold Register 645567 (“the firstly described Land”).

Lot 1 DP 344421 being the land contained in Computer Freehold Register 182313 (“the secondly described Land”).

Second Schedule

Easement to be Acquired

A right to drain water easement in gross over those parts of the firstly described Land marked “A” and “B” on SO 474614 (“Easement Land”).

A right to drain water easement in gross over that part of the secondly described Land marked “C” on SO 474614 (“Easement Land”).

Third Schedule

Easement Rights and Powers

The rights and powers implied in easements to drain water by the Fourth Schedule to the Land Transfer Regulations 2002, modified as follows:

Subclause 4(1) is amended by deleting the words

“in common with the grantor and other persons to whom the grantor may grant similar rights”.

Subclause 4(3) is deleted and replaced with

“The easement facility referred to in subclause (1) is the easement facility already laid along the stipulated course.”

Dated at Wellington this 8th day of December 2014.

J. COOPER, for the Minister for Land Information.

(LINZ CPC/2012/16908, CPC/2014/17608)