Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Christine Anderson, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of Paul Edward Lamb and Fiona Margaret Lamb as the Grantor (to be known as “Owner”), being the land described in the First Schedule to this notice, upon the terms and conditions described in the Third Schedule to this notice and shall vest in the Waikato District Council (“Council”) as Grantee, on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District—Waikato District
The Grantor’s Land
Lot 1 DPS 40304 comprising 1.0653 hectares, more or less, and being all the land comprised and described in Computer Freehold Register SA35D/780 South Auckland Land Registry.
Easement to be Acquired
A right to drain sewage easement in gross over that part of the Grantor’s land marked “A” on LT 506452 (“Servient Land”).
Easement Rights and Powers and Covenants
- The implied rights and powers in Schedule 4 to the Land Transfer Regulations 2002 (“Regulation Schedule”) are implied in this instrument and are varied by the provisions set out below under the heading “Modified Provisions”.
- Where there is a conflict between the Modified Provisions hereunder and the provisions of the Regulation Schedule, the Modifications must prevail.
Right to Drain Sewage
- The Grantee shall have the full free uninterrupted and unrestricted right at all times hereafter:
- To pump, convey and drain sewage in a free and unimpeded flow (except during periods of necessary cleaning and repairing in accordance with clause 4 of the general terms of this easement through the easement facility); and
- to lay, make, construct, maintain, alter or repair the easement facility as the Grantee shall from time to time think fit.
- The Easement Facility referred to in 1(a) and (b) is the Easement Facility laid or to be laid along the area marked “A” on LT 506452.
- The right and powers implied in the right to drain sewage easement are those prescribed by the Land Transfer Regulations 2002 in respect of right to drain sewage.
Rights and Powers Applying to All Easements Created by This Instrument
- The term of this easement is for 1,000 years from the date of this Instrument.
- That, without derogating from clause 10(2) of the Regulation Schedule:
- The Grantor shall not build, construct, erect or place any building or structure, nor plant deep rooted trees, nor deposit any fill on the easement facility except with the consent of the Grantee, and except as designed, constructed or performed to the satisfaction of the Grantee;
- the Grantor shall not pave, seal, or plant or grow any trees or shrubs or allow any tree roots within the stipulated area but will ensure it is grassed and maintained in a neat tidy condition; and
- the Grantor shall not grant any easement or any other right over the stipulated course or stipulated area without the prior written consent of the Grantee, which the Grantee may refuse where, acting reasonably, it believes that the granting of such easement or other right may interfere with the rights granted pursuant to this Easement, or may grant consent on such conditions as it may reasonably require including as to the depth and location of any pipes, cables for electricity, gas and communication to be laid on in or through the stipulated course or stipulated area.
- That clause 11(1) of the Regulation Schedule is negatived. The Grantee is responsible for arranging the repair and maintenance of the easement facility and the stipulated course and for the associated costs, so as to keep the facility and stipulated course in good order and to prevent it from becoming a danger or nuisance. The parties agree that if the Grantor damages the easement facility then the Grantee shall be entitled to repair the easement facility and the Grantor shall be liable to pay to the Grantee the costs incurred in completing such repairs.
- For the purpose of performing any duty or in the exercise of any rights implied in this Easement Instrument, the Grantee may:
- Enter upon the servient land by the most practicable route from the nearest public street across any part of the servient land;
- remain on the servient land for a reasonable time for the purposes of completing any work;
- bring on to the servient land such materials, tools, equipment, machinery, vehicles or other things which may be necessary for the purposes of completing the necessary work;
- leave any vehicle or equipment on the servient land for a reasonable time if work is proceeding;
- sink and make trenches and shafts on the stipulated area;
- excavate any clay, gravel, shingle, stones and earth from the stipulated area;
- inspect, maintain, cleanse, repair, extend, remove, enlarge or replace the easement facility; and
- generally do and perform such acts and things in or upon the stipulated area as may be necessary or proper for or in relation to any of the purposes of this easement.
- The Grantee shall:
- Give the Grantor reasonable notice in writing of its intention to perform any work (including inspection) on the Easement Facility unless an extreme emergency requires immediate action;
- remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the stipulated area;
- upon the Grantee disturbing the surface of the stipulated area for any reason, without delay restore the same as nearly as possible to its original condition; and
- repair and make good any damage which may be done to any fence, building or improvement, or to any part of the Grantor’s land, in the exercise by the Grantee of any of the rights granted by this Easement Instrument, but the Grantee shall not be responsible for the cost of removing or damaging any fence, building or improvements or trees upon, or any tree roots growing within, the stipulated area, as prohibited under clause 2.
- The Easement Facility and any other structures, plant or equipment erected or installed by the Grantee on the stipulated area shall be the property of the Grantee.
- Nothing contained or implied in this Easement Instrument shall be construed so as:
- To compel the Grantee to exercise all or any of the rights granted by this Easement Instrument at any time and the Grantee may commence, discontinue or resume the exercise of all or any such rights at will; or
- to abrogate, limit, restrict or abridge any of the rights, powers or remedies vested in the Grantee by statute.
Dated at Wellington this 4th day of October 2017.
C. ANDERSON, for the Minister for Land Information.