Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, agreements to that effect having been entered into:

1. The land described in the First Schedule to this notice is hereby acquired for water supply purposes and vested in the Waitomo District Council on the date of publication hereof in the New Zealand Gazette.
2. The easements in perpetuity described in the Second Schedule to this notice are hereby acquired for the purposes set out in that Schedule and vested in the holder of the dominant tenement on the date of publication hereof in the New Zealand Gazette, subject to the terms and conditions set out in the Third Schedule to this notice.

South Auckland Land District—Waitomo District

First Schedule

Land Acquired for Water Supply Purposes

Second Schedule

Easements Acquired

Third Schedule

Terms and Conditions Applicable to the Easements in the Second Schedule

Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2002 and/or Schedule 5 of the Property Law Act 2007.

The implied rights and powers are hereby varied and added to as provided below:

Part 1: Right of Way

1. The rights and powers as set out in paragraph 6 of Schedule 4 of the Land Transfer Regulations 2002.
2. The rights and powers implied in these easements by the Land Transfer Regulations 2002 are varied and added to as follows:
   1. The Grantee will determine where, when and how the easement facility is to be constructed along or in the stipulated course.
   2. No breach of the terms of this easement by the Grantee shall entitle the Grantor to cancel or revoke this easement.
   3. Any rights or immunity from liability or powers or remedies which the Grantee may have by statute or at common law are not affected by this grant and the Grantee shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
   4. The exercise of any rights or powers conferred on the Grantee by this instrument shall not entitle the Grantor to payment of compensation under the provisions of any enactment or at law, but nothing in this subclause 2(d) shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any provision of this instrument.
   5. The Grantor will not place any structure along or over the stipulated course of the easement, nor will it permit any vegetation to grow in or around the stipulated course of the easement where such vegetation is capable of damaging, interfering with or obstructing the easement facility. The Grantee has the right to remove such vegetation from the stipulated course if it, acting reasonably, believes such vegetation will cause damage to or obstruct the easement facility.
   6. For the purposes of this easement, the Grantee means the owner of the Dominant Tenement or any successor of the Grantee and includes the agents, employees, contractors, tenants, licensees and other invitees of the Grantee or any successor of the Grantee.
   7. The Grantee is to keep and maintain the existing and new track and pay the costs of a biannual application of metal and grading over the easement facility. The Grantee is to have the discretion to procure and/or carry out the metalling and grading of the easement facility itself and if there is more than one user of the right of way, repair and maintenance costs are to be shared equally amongst all users.

Part 2: Right to convey water

1. The rights and powers set out in paragraph 3 of Schedule 4 of the Land Transfer Regulations 2002.
2. The rights and powers implied in these easements by the Land Transfer Regulations 2002 are varied and added to as follows:
   1. The Grantee’s right to convey water includes the right for the Grantee to take and convey water in free and unimpeded flow from the dominant land through the easement facility and over the servient land to any point of exit.
   2. The Grantee will determine where, when and how the easement facility is to be constructed along or in the stipulated course.
   3. No breach of the terms of this easement by the Grantee shall entitle the Grantor to cancel or revoke this easement.
   4. The Grantee is not compelled to convey water along or within the stipulated course.
   5. Any rights or immunity from liability or powers or remedies which the Grantee may have by statute or at common law are not affected by this grant and the Grantee shall have those rights or immunities and may exercise those powers or remedies independently of this Grant.
   6. The exercise of any rights or powers conferred on the Grantee by this instrument shall not entitle the Grantor to payment of compensation under the provisions of any enactment or at law, but nothing in this subclause 2(f) shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any provision of this instrument.
   7. The Grantor will not place any structure along or over the stipulated course of the easement, nor will it permit any vegetation to grow in or around the stipulated course of the easement where such vegetation is capable of damaging, interfering with or obstructing the easement facility. The Grantee has the right to remove such vegetation from the stipulated course if it, acting reasonably, believes such vegetation will cause damage to or obstruct the easement facility.
   8. For the purposes of this easement, the Grantee means the owner of the Dominant Tenement or any successor of the Grantee and includes the agents, employees, contractors, tenants, licensees and other invitees of the Grantee or any successor of the Grantee.

Part 3: Right to convey electricity

1. The rights and powers set out in paragraph 7 of Schedule 4 of the Land Transfer Regulations 2002.
2. The rights and powers implied in these easements by the Land Transfer Regulations 2002 are varied and added to as follows:
   1. The Grantee will determine where, when and how the easement facility is to be constructed along or in the stipulated course.
   2. No breach of the terms of this easement by the Grantee shall entitle the Grantor to cancel or revoke this easement.
   3. Any rights or immunity from liability or powers or remedies which the Grantee may have by statute or at common law are not affected by this grant and the Grantee shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
   4. The exercise of any rights or powers conferred on the Grantee by this instrument shall not entitle the Grantor to payment of compensation under the provisions of any enactment or at law, but nothing in this subclause 2(d) shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any provision of this instrument.
   5. The Grantor will not place any structure along or over the stipulated course of the easement, nor will it permit any vegetation to grow in or around the stipulated course of the easement where such vegetation is capable of damaging, interfering with or obstructing the easement facility. The Grantee has the right to remove such vegetation from the stipulated course if it, acting reasonably, believes such vegetation will cause damage to or obstruct the easement facility.
   6. For the purposes of this easement, the Grantee means the owner of the Dominant Tenement or any successor of the Grantee and includes the agents, employees, contractors, tenants, licensees and other invitees of the Grantee or any successor of the Grantee.

Part 4: Right to convey telecommunications and computer media

1. The rights and powers set out in paragraph 8 of Schedule 4 of the Land Transfer Regulations 2002.
2. The rights and powers implied in these easements by the Land Transfer Regulations 2002 are varied and added to as follows:
   1. The Grantee will determine where, when and how the easement facility is to be constructed along or in the stipulated course.
   2. No breach of the terms of this easement by the Grantee shall entitle the Grantor to cancel or revoke this easement.
   3. Any rights or immunity from liability or powers or remedies which the Grantee may have by statute or at common law are not affected by this grant and the Grantee shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
   4. The exercise of any rights or powers conferred on the Grantee by this instrument shall not entitle the Grantor to payment of compensation under the provisions of any enactment or at law, but nothing in this subclause 2(d) shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any provision of this instrument.
   5. The Grantor will not place any structure along or over the stipulated course of the easement, nor will it permit any vegetation to grow in or around the stipulated course of the easement where such vegetation is capable of damaging, interfering with or obstructing the easement facility. The Grantee has the right to remove such vegetation from the stipulated course if it, acting reasonably, believes such vegetation will cause damage to or obstruct the easement facility.
   6. For the purposes of this easement, the Grantee means the owner of the Dominant Tenement or any successor of the Grantee and includes the agents, employees, contractors, tenants, licensees and other invitees of the Grantee or any successor of the Grantee.

Dated at Wellington this 7th day of September 2015.

K. McPHAIL, for the Minister for Land Information.

(LINZ CPC/2015/18224)