Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Enoka, Land Information New Zealand, declares that, an agreement to that effect having being entered into, the easement described in the Second Schedule to this notice is acquired over the land of David Herbert Salmon and Kaaren Cofman-Nicoresti (“Grantor”) 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 Waipa District Council (“the Grantee”) on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District—Waipa District
The Grantor’s Land
Lot 1 DPS 92516 contained in Computer Freehold Register SA73B/7.
Easement to be Acquired
A right to drain sewage easement in gross over that part of the above-described land marked “A” on SO 490573 (“Easement Land”).
Terms and Conditions of Easement to be Granted for a Right to Convey Sewage
- Any terms used in this easement that are defined in the Land Transfer Regulations 2002 (“Regulations”) shall take those meanings.
- Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by the Regulations.
- Where there is a conflict between the provisions of the Fourth Schedule to the Regulations and the modifications set out herein, the modifications shall prevail.
- “Grantor” means David Herbert Salmon as to a ½ share and Kaaren Cofman-Nicoresti as to a ½ share, and their successors in title to the land currently held in Computer Freehold Register SA73B/7.
- “Grantee” means the Waipa District Council and includes its successors, assigns and licensees.
- The words “in common with the grantor and other persons to whom the grantor may grant similar rights” in clause 5(1) of the Fourth Schedule of the Regulations shall be deleted for the purposes of this easement.
- The Grantee shall have the full free right, liberty and licence at all times together with its engineers, surveyors, servants, agents, employees, workmen, contractors and invitees with or without vehicles laden or unladen and with materials, tools, machinery and implements:
- to lay, construct and maintain a pipeline on, in, over and under the soil of the Easement Land;
- to remove any natural or cultivated vegetation grown or improvement placed or constructed on the Easement Land which interferes with the rights granted by the easement.
- to enter and remain upon the Easement Land for the purposes of laying, constructing, maintaining, inspecting, repairing, renewing, enlarging, replacing or altering the pipeline, and opening up the soil of the Easement Land and make any access way, cuttings, fillings, grades, batters or trenches, and to re-open the same and generally to do and perform such acts or things upon the Easement Land as may be necessary to enable the Grantee to receive the full free use and enjoyment of the rights and privileges granted under this easement;
- to use the pipeline for the purpose of conveying sewage without interruption or impediment.
- The Grantee may convey sewage in any quantities.
- The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
- Nothing contained or implied by this easement shall be deemed to compel the Grantee to use or convey sewage through or over the Easement Land.
- All rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or by statue independently of this grant of easement.
- The pipeline shall remain the sole property of the Grantee.
- The Grantor covenants with the Grantee:
- not to grow or permit to be grown any natural or cultivated vegetation including trees and shrubs on the Easement Land;
- not to place any buildings, erect fences or other permanent structures on the Easement Land without the prior consent of the Grantee;
- not to disturb or permit to be disturbed the soil below a depth of 400 millimetres from the surface of the Easement Land in any manner which will interfere with the rights granted by the easement;
- to waive and not at any time to claim any compensation from the Grantee under the provisions of any other statute or regulation whatsoever; and
- not at any time to commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.
- The Grantee covenants with the Grantor:
- to be responsible for the installation of the pipeline and to use its best endeavours to prevent the pipeline becoming a danger or a nuisance;
- to carry out all work permitted by the easement as expeditiously as possible and to do as little damage to the Easement Land as is reasonably possible consistent with the rights and privileges conferred by the easement;
- to repair and make good all damage to fences, gates or other improvements of the Grantor’s on the Easement Land directly caused by the Grantee carrying out any work pursuant to the terms of the easement; and
- that on completing any work on the Easement Land to restore the surface of the Easement Land as nearly as possible to its former condition by replacing or repairing the grassed surface to its former condition and level.
- If a dispute in relation to the easement arises between Grantor and Grantee:
- The party initiating the dispute must give written notice to the other party providing full written particulars of the dispute; then
- the Grantor and Grantee must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal or any other dispute resolution technique that may be agreed between the Grantor and Grantee;
- if the dispute is not resolved within 14 working days (or any longer period agreed to) of the written notice being received, the dispute must be referred to arbitration in accordance with the Arbitration Act 1996; and
- the arbitration is to be conducted by a single arbitrator to be agreed on by the parities or, failing agreement, to be appointed by the President of the Waikato Bay of Plenty Branch of the New Zealand Law Society (being the District Law Society that has its headquarters closest to the Easement Land).
- A reference to any Statute or section of any Statute includes any enactment in amendment or substitution for such Statute or section.
Dated at Wellington this 11th day of November 2015.
J. ENOKA, for Minister for Land Information.