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, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over:

1. The land of Commsystems Limited (“First Grantor”);
2. The land of TG Commercial Limited (“Second Grantor”);
3. The land of Dicks Enterprises Limited (“Third Grantor”);
4. The land of Kenneth John Hamblin and Nancy Anne Hamblin (“Fourth Grantor”);
5. The land of Hall & Co Funeral Directors Limited (“Fifth Grantor”);
6. The land of Richard Albert Foster and Ruth Jeanette Foster (jointly 1/2 share), Mark Philip Connor, Karen Jean Connor and HBS Trustees No 22 Limited (jointly 1/2 share) (“Sixth Grantor”); and
7. Canterbury Property Investments Limited (“Seventh Grantor”)
   (The First, Second, Third, Fourth, Fifth, Sixth and Seventh Grantors to be known together as “Grantor”)

being the land described in the First Schedule to this notice for the purposes of the High Street Sewer upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Waimakariri District Council (“Grantee”) as Grantee on the date of publication hereof in the New Zealand Gazette.

Canterbury Land District—Waimakariri District

First Schedule

The First Grantor’s Land

Lot 4 DP 65525 and an undivided 1/15 share in Lot 6 DP 61349 (Computer Freehold Register CB38B/1102), and Lot 5 DP 65525 and an undivided 1/15 share in Lot 6 DP 61349 (Computer Freehold Register CB38B/1103).

The Second Grantor’s Land

Lot 6 DP 65525 and an undivided 1/15 share in Lot 6 DP 61349 (Computer Freehold Register CB38B/1104).

The Third Grantor’s Land

Lot 1 DP 61349 and an undivided 1/5 share in Lot 6 DP 61349 (Computer Freehold Register CB36C/1017).

The Fourth Grantor’s Land

Lot 2 DP 61349 and an undivided 1/5 share in Lot 6 DP 61349 (Computer Freehold Register CB36C/1018).

The Fifth Grantor’s Land

Lot 5 DP 61349 and an undivided 1/5 share in Lot 6 DP 61349 (Computer Freehold Register CB36C/1021).

The Sixth Grantor’s Land

Lot 1 DP 387741 and an undivided 1/15 share in Lot 6 DP 61349 (Computer Freehold Register 351152) and Lot 3 DP 65525 and an undivided 1/15 share in Lot 6 DP 61349 (Computer Freehold Register CB38B/1101).

The Seventh Grantor’s land

Lot 2 DP 387741 and an undivided 1/15 share in Lot 6 DP 61349 (Computer Freehold Register 351153).

(The First, Second, Third, Fourth, Fifth, Sixth and Seventh Grantors’ Land together to be known as “Land”).

Second Schedule

Easement to be Acquired

A right to drain sewage easement in gross over that part of the Land marked “A” on DP 474330 (“Easement Facility”).

Third Schedule

Easement Rights and powers

1. Together with the additional rights and powers set out in this Schedule, the Easement shall contain the rights and powers implied into such easements by the Fourth Schedule to the Land Transfer Regulations 2002 and in the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated shall prevail.

2. The easement facility shall at all times be and remain the property of the Grantee.

3. The maintenance provisions of the Fourth Schedule to the Land Transfer Regulations 2004 are modified as follows:

3.1 The Grantee is responsible for the repair and maintenance of the easement facility (as defined in the Fourth Schedule to the Land Transfer Regulations 2002) and for the associated costs so as to keep the facility in good order and to prevent it from becoming a danger or a nuisance.

3.2 Any maintenance, repair or replacement of the easement facility that is necessary because of any act or omission by the Grantor shall be carried out by the Grantee at the cost of the Grantor. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor must be in proportion to the amount attributable to that act or omission (with the balance payable by the Grantee).

4. The Grantor will not:

4.1 Build over or erect any improvements upon, plant trees upon or permit any tree roots to grow within the stipulated course.

4.2 Do or permit or suffer to be done anything which may in any way damage the easement facility or interfere with the free flow and passage of sewage and other waste material and waste fluids through the easement facility.

5. No power is implied in respect of this easement for the Grantor to determine the Easement for breach of any provision of this Instrument (whether express or implied) or any other cause it being the intention of the parties that the easement shall subsist for all time unless it is surrendered.

Dated at Wellington this 21st day of July 2015.

J. COOPER, for the Minister for Land Information.

(LINZ CPC/2005/11055)