Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natalie Randrup, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a stormwater easement in gross in favour of the Auckland Council is hereby acquired over the land described in the Schedule to this notice, upon the terms and conditions set out in Schedule 4 of the Land Transfer Regulations 2002, except that Schedule 4 of the Land Transfer Regulations 2002 is modified by this notice and the following shall apply:

Definitions

Stipulated Course means the area marked “A” on SO 500654.

Easement Facility means any pipes, manholes, pumps, pump sheds, storage tanks, water purifying equipment, Stormwater sand filtering and drainage system, treatment device, erosion control measures including ground rip-rap and a stilling basin, other equipment suitable for conveying Stormwater (under, above and through the stipulated course) and anything in replacement or substitution.

Stormwater includes rain, storm, spring, soakage or seepage water, as well as water accumulated within the Van Damm’s Lagoon Reserve or on other land and from any public street.

Rights and Powers

1.1 The grantor grants to the grantee as an easement in gross forever the right to convey and drain Stormwater without obstruction and in any quantity through the Easement Facility now laid or to be laid through the stipulated course and to discharge the Stormwater beyond the servient land.

1.2 The grantee also has the right, subject to clause 2, to enter the stipulated course and any other parts of the servient land as are reasonable to do the following work:

1.2.1 to dig and lay the Easement Facility through or on the stipulated course, at a depth of and line determined by the grantee;

1.2.2 to inspect, maintain, repair, dig up, alter, enlarge, renew or replace:

(a) the Easement Facility (including replacement with an Easement Facility of the same or larger diameter); and

(b) the Easement Facility within the grantee’s land adjoining the servient land; and

1.2.3 to do anything else in full exercise of the rights in this easement with the grantee’s agents, contractors and employees, and with or without tools, plant, equipment and vehicles.

1.3 The grantee may leave any vehicles or equipment on the servient land for a reasonable period of time if work is proceeding.

1.4 The grantee will ensure that any work it performs is carried out in a proper and workmanlike manner.

1.5 The grantee has no obligation to direct, divert, detain, concentrate or convey Stormwater through, under, or over the servient land continuously or at all.

Access

2.1 The grantee’s right of access under clause 1.2 may be exercised on giving reasonable notice to the grantor, except in an emergency.

2.2 When obtaining access to the stipulated course, the grantee must, so far as is practicable, use existing driveways and other areas suitable for access, and:

2.2.1 do as little damage as possible to the servient land and any vegetation, fences or improvements on it;

2.2.2 cause as little disturbance as reasonably possible to the grantor’s use and enjoyment of the servient land;

2.2.3 reinstate the surface of the servient land as soon as reasonably possible after the work has been completed so as to restore it as nearly as possible to its former condition; and

2.2.4 repair any fences or other improvements on the servient land damaged by the grantee to reinstate them to their previous condition and replace any trees, shrubs and plants which have been destroyed or severely damaged.

Grantor’s Obligations

3.1 The grantor may not:

3.1.1 place any buildings or other improvements on the stipulated course;

3.1.2 plant or allow any tree or shrub to grow on the stipulated course without the grantee’s prior consent (which it may withhold at its discretion);

3.1.3 change the existing surface levels of the stipulated course except with the grantee’s prior approval;

3.1.4 cause or allow any damage to occur to the Easement Facility; or

3.1.5 do anything or allow anything to be done which would interfere with, or affect, the rights of the grantee under this easement.

3.2 The grantor must carry out regular landscape and vegetation maintenance so as to ensure that any vegetation on the servient land does not interfere with, or affect, the rights of the grantee under this easement.

Maintenance

4. The grantee is responsible for maintaining the Easement Facility in the stipulated course so that it does not become a nuisance or a danger.

No Power to Terminate

5. There is no implied power in this easement for the grantor to terminate the easement rights due to the grantee breaching any term of this easement or for any other reason, it being the intention of the parties that the easement rights will continue forever unless surrendered.

Statutory Rights

6. The easement rights are in substitution for those set out in the Fourth Schedule of the Land Transfer Regulations 2002, but otherwise this easement does not affect any statutory powers that the grantee may have.

Disputes

7. If any dispute arises between the grantor and grantee concerning the rights in this easement, the parties must enter into negotiations in good faith to resolve their dispute. If the dispute is not resolved within one month of the date on which the parties begin their negotiations, the parties must submit at the request of either party to the arbitration of an independent arbitrator appointed jointly by the parties, or if the parties cannot agree on an independent arbitrator within 14 days, the parties will submit to the arbitration of an independent arbitrator appointed by the President for the time being of the New Zealand Law Society. The arbitration will be determined in accordance with the Arbitration Act 1996 and its amendments or any statute which replaces it.

8. Where there is a conflict between the provisions of Schedule 4 of the Land Transfer Regulations 2002 and the modification by this notice to Schedule 4 of the Land Transfer Regulations 2002, the modification in this notice is to prevail

on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule

Part Lot 42 DP 23141; marked “A” on SO 500654 (part Computer Freehold Register NA1067/84).

Dated at Wellington this 25th day of July 2016.

N. RANDRUP, for the Minister for Land Information.

(LINZ CPC/2005/10974)