Notice Type
Land Notices
Notice Title

Land Acquired for Water Supply Purposes and Easements Acquired—State Highway 2, Papamoa, Tauranga City

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Zak Sun, Land Information New Zealand:

  1. Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for water supply purposes and shall vest in the Tauranga City Council, subject to Compensation Certificates 7934318.1, 8090126.1, 8337996.1, 8409813.1, 8795029.1, 9205448.1 and 9205993.1;
  2. Pursuant to sections 20 and 28, declares that, pursuant to an agreement having been entered into, an easement in gross for a right to convey water subject to terms and conditions is hereby acquired over the land described in the Second Schedule, and shall vest in the Tauranga City Council (“Grantee”)

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

South Auckland Land District—Tauranga City

First Schedule

Land Acquired for Water Supply Purposes

Area
m2

Description
122 Part Lot 1 DPS 78971; shown as Section 2 on SO 493950 (part Computer Freehold Register 682195).

Second Schedule

Easement in Gross Acquired for a Right to Convey Water

Servient Tenement

Easement Land

Terms and Conditions of Easements

Part Section 2 SO 479437 (part Computer Freehold Register 701344)

Marked A SO 427707

Third Schedule

Part Lot 1 DP 34461 (part Computer Freehold Register SA920/265)

Marked B SO 427707

Third Schedule

Part Lot 1 DPS 78971 (part Computer Freehold Register 682195)

Area A SO 493950

Third Schedule

Part Lot 1 DPS 78971 (part Computer Freehold Register 682195)

Area B SO 493950

Third Schedule

Part Section 1 SO 447397 (part Computer Freehold Register 682195)

Area D SO 493950

Fourth Schedule

Part Section 2 SO 445618 (part Computer Freehold Register 682195)

Area E SO 493950

Fifth Schedule

Part Section 3 SO 445618 (part Computer Freehold Register 682193)

Area F SO 505817

Fifth Schedule

Part Section 1 SO 450441 (part Computer Freehold Register 682193)

Area A SO 450441

Sixth Schedule

Part Section 2 SO 450441 (part Computer Freehold Register 682193)

Area B SO 450441

Sixth Schedule

Third Schedule

Terms and Conditions of Easement

The Parties Further Agree:

  1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 (“Regulations”) shall take those meanings.
  2. Where there is a conflict between the provisions of Schedule 4 to the Regulations and the modifications in this Easement Instrument, the modifications must prevail.
  3. The rights and powers set out in paragraph 3 of Schedule 4 to the Regulations shall apply provided however that:
    1. reference in clause 3(1) of the Regulations to the Dominant Land shall be deleted for the purpose of this Easement Instrument; and
    2. clause 3(3) shall be deleted.
  4. Except as otherwise provided in this Clause, the Grantee must lay the easement facility or facilities under the ground within the Stipulated Course at such a depth that the easement facility or facilities will not interfere with the ordinary cultivation or cropping of the Servient Tenement and reference in clause (1)(a) of the Fourth Schedule of the above Regulations to above the ground shall be deleted for the purposes of this Easement Instrument except for such valves (the above ground structures) as are an essential requirement (in the opinion of the Grantee’s engineers acting reasonably) for the construction of the easement facilities.
  5. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course (with the exception of any boundary fence existing at the date of the Easement or fencing of any above ground structures referred to in Clause 4 hereof) without the prior consent of the Grantee and subject to Clause 6 hereof, the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.
  6. The Grantor may disturb or permit to be disturbed the soil to a depth of 500mm from the surface of the Stipulated Course for the purpose of ordinary cultivation or cropping of the Servient Tenement.
  7. The maintenance provisions in Schedule 4 to the Regulations are modified by adding the following:

    “Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the Grantee connected to the easement(s) that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of that Grantor) must be carried out promptly by the Grantor and at the Grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of Schedule 4 of the Regulations).”
  8. The Grantee may convey or discharge water in any quantities.
  9. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
  10. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey or discharge water along the Stipulated Course.
  11. Any 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 statute independently of these grants of easement.

Fourth Schedule

Terms and Conditions of Easement

The Parties Further Agree:

  1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
  2. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 and the modifications in this Easement Instrument, the modifications must prevail.
  3. Reference in clause 3(1) of the Fourth Schedule of the above Regulations to the Dominant Land shall be deleted for the purpose of this Easement Instrument.
  4. Clause 3(3) of the Fourth Schedule of the above Regulations shall be deleted for the purpose of this Easement Instrument.
  5. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course (with the exception of the boundary fence existing at the date of the Easement Instrument) without the prior consent of the Grantee and the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.
  6. The Grantor may maintain, repair and replace the existing boundary fence provided that such maintenance, repairs or replacement does not interfere with or affect the exercise of the Grantee’s rights.
  7. The maintenance provisions in the Fourth Schedule to the Land Transfer Regulations 2002 are modified by adding the following:

    “Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the Grantee connected to the easement(s) that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of that Grantor) must be carried out promptly by that owner and at that owner’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by that owner responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of the Fourth Schedule).”
  8. The Grantee may convey water in any quantities.
  9. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
  10. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water along the Stipulated Course.
  11. Any 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 statute independently of these grants of easement.

Fifth Schedule

Terms and Conditions of Easement

The Parties Further Agree:

  1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.
  2. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 and the modifications in this Easement Instrument, the modifications must prevail.
  3. Reference in clause 3(1) of the Fourth Schedule of the above Regulations to the Dominant Land shall be deleted for the purpose of this Easement Instrument.
  4. Clause 3(3) of the Fourth Schedule of the above regulations shall be deleted for the purpose of this Easement Instrument.
  5. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course without the prior consent of the Grantee and the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licenses and liberties hereby granted to the Grantee may be interfered with or affected.
  6. The maintenance provisions in the Fourth Schedule to the Land Transfer Regulations 2002 are modified by adding the following:

    “Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the Grantee connected to the easement(s) that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of that Grantor) must be carried out promptly by that owner and at that owner’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by that owner responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of the Fourth Schedule).”
  7. The Grantee may convey water in any quantities.
  8. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
  9. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water along the Stipulated Course.
  10. Any 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 statute independently of these grants of easement.

Sixth Schedule

Terms and Conditions of Easement

The Parties Further Agree:

  1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 (“Regulations”) shall take those meanings.
  2. Where there is a conflict between the provisions of the Schedule 4 to the Regulations and the modifications in this Easement Instrument, the modifications must prevail.
  3. Reference in clause 3(1) of the Schedule 4 to the Regulations to the words “to the Dominant Land” shall be deleted for the purpose of this Easement Instrument.
  4. Clause 3(3) of the Schedule 4 to the Regulations shall be deleted for the purpose of this Easement Instrument.
  5. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course without the prior consent of the Grantee and the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.
  6. The maintenance provisions in the Fourth Schedule to the Regulations are modified by adding the following:

    “Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the Grantee connected to the easement(s) that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of that Grantor) must be carried out promptly by the Grantor and at the Grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of the Fourth Schedule).”
  7. The Grantee may convey water in any quantities.
  8. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
  9. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water along the Stipulated Course.
  10. Any 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 statute independently of these grants of easement.
  11. The parties agree that any pipeline and easement facility(s) shall be constructed underground and that no part of any pipeline or any associated facility for the conveyance of water across the servient tenement shall be closer than one metre to the surface of the land it passes under except in the case of open drains where the minimum depth shall be not less than 600mm beneath the bed of the drain.

Dated at Wellington this 19th day of April 2017.

Z. SUN, for the Minister for Land Information.

(LINZ CPC/2005/10907)