Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Janine Stocker, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice (“Easement”) is acquired over the land of Peter Thomas Muller, Norine Elizabeth Muller and Neil Leslie Greiner (“First Grantor”) and Taranaki District Health Board (“Second Grantor”) (First Grantor and Second Grantor jointly called “Grantor”) described in the First Schedule to this notice (“Grantor’s Land”) upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the South Taranaki District Council (“Grantee”) on the date of publication hereof in the New Zealand Gazette.
Taranaki Land District—South Taranaki District
The First Grantor’s Land
Lot 1 DP 382334 (Computer Freehold Register 329237).
The Second Grantor’s Land
Lot 2 DP 382334 (Computer Freehold Register 329238).
Easement in Gross Acquired
1. A right to drain sewage easement in gross over that part of the land marked “D” on DP 495103.
2. A right to drain sewage easement in gross over that part of the land marked “E” on DP 495103.
Easement Rights and Powers and Covenants
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 Grantee may use the Easement for all sewage purposes in accordance with the Local Government Act 1974 (including any Act amending or replacing same).
3. The Grantor covenants with the Grantee that it will not at any time:
3.1. Do or permit to be done anything on the Servient Land which may damage or obstruct the Easement Facility or which may prevent the Grantee from obtaining reasonable access to the Easement Facility;
3.2 do or permit to be done anything on the Servient Land which may interfere with or affect the full and free use and enjoyment by the Grantee of the rights, powers, licences and privileges granted under the Easement;
3.3 except with the prior written consent of the Grantee and then only in accordance with such terms and conditions as it may impose in respect of such consent given:
3.3.1 plant or cause or allow to be planted any medium or large trees on the stipulated course;
3.3.2 erect or place thereon or cause or allow to be erected or placed thereon any buildings or other erections or fences (other than a boundary fence);
3.4 claim any compensation under the provisions of any statute or regulation whatsoever, except as set out in 4.5 below.
4. The Grantee hereby covenants with the Grantor that the Grantee will:
4.1 At all times use reasonable care and skill when exercising the above rights and powers.
4.2 Avoid causing any unnecessary damage to the Servient Land and the Easement Facility.
4.3 Avoid causing any unnecessary interference with the Grantor’s use or enjoyment of the Servient Land.
4.4 Give prior notice (at least 48 hours) and consult the Grantor before entering the Grantor’s Land for execution of works except in the case of emergencies.
4.5 Repair and make good all damages to fences, gates and structures upon the Servient Land directly caused by the Grantee undertaking any works in furtherance of the rights, powers, licences and privileges granted under the Easement.
4.6 Sufficiently compensate the Grantor or rectify the damage caused to the Grantor’s Land by any subsequent maintenance or defect in the Easement Facility, where such damage has not been caused by the Grantor nor by the Grantor’s lessees or invitees and the Grantor and its lessees or invitees are not responsible for such defects.
5. The Grantee may take all reasonable measures which it considers necessary for the safety of persons or property on the Servient Land including without limitation the right to erect fences, signs and notices warning of any danger.
6. The owner of the Servient Land shall not be liable for any damages which may be caused to any equipment placed by the Grantee on any part of the Servient Land otherwise than through the wilful act or default of the Grantor or the Grantor’s employees, contractors and other invitees.
7. All equipment placed on the Servient Land by the Grantee, its employees, contractors or any person under its control shall remain the property of the Grantee, its employees, contractors or any person under its control and shall not become a fixture on the Servient Land and upon the expiration or earlier determination of the Easement the Grantee, its employees, contractors or any person under its control shall dismantle and remove such equipment from the Servient Land.
Dated at Wellington this 18th day of January 2017.
J. STOCKER, for the Minister for Land Information.