Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Christine Anderson, 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 stormwater purposes, subject to appurtenant rights in Easement Instrument 9013993.6 and shall vest in the Tauranga City Council;
2. Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right of way, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the following variations in the Fifth Schedule to this notice, is hereby acquired over the land described in the Second Schedule to this notice and is appurtenant to the land described in the First Schedule to this notice;
3. Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to maintain wall, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the following variations in the Fifth Schedule to this notice, is hereby acquired over the land described in the Third Schedule to this notice and is appurtenant to the land described in the First Schedule to this notice;
4. Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right to drain water in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the following variations in the Fifth Schedule to this notice, is hereby acquired over the land described in the Fourth Schedule to this notice and shall vest in the Tauranga City Council

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

South Auckland Land District—Tauranga City

First Schedule

Land Acquired for Stormwater Purposes

Second Schedule

Easement Acquired for Right of Way

Description

Part Section 1 on SO 516310; shown as area “E”, “M”, “H”, “K” and “O” on SO 516310.

Third Schedule

Easement Acquired for Right to Maintain Wall

Description

Part Section 1 on SO 516310; shown as area “N” on SO 516310.

Fourth Schedule

Easement Acquired for Right to Drain Water in Gross

Description

Part Section 1 on SO 516310; shown as area “H”, “J”, “O”, “K”, “L” and “N” on SO 516310.

Fifth Schedule

Rights and Powers are Hereby Varied, Negative, Added to or Substituted

Definitions:

“Grantee” means the registered proprietor of Section 2 on SO 516310 or if the easement is in gross means Tauranga City Council.

“Grantor” means the registered proprietor of Section 1 on SO 516310.

Continuation of Estate or Interest to be Created

The Parties 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.

Right to Drain Water

3. The provisions contained in Schedule 4 of the Regulations are modified as follows:

By deleting clause 4(1) of the Regulations and replacing it with the following:

“4(1) Includes the right for the Grantee in common with the Grantor and other persons to whom the Grantor may grant similar rights to convey water (including stormwater) (whether sourced from rain, springs, soakage or seepage) in any quantity through the easement facility and over the servient land. This includes the right to use the stipulated course as an overland flow path.”

4. The rights and powers set out in paragraph 4 to the Regulations shall apply provided however that clause 4(3) is deleted.
5. The Grantee may convey or discharge water in any quantities.
6. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
7. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey or discharge water along the Stipulated Course.

Right of Way

8. The provisions in this clause 8 shall relate to the rights and powers in respect of the right of way:
1. The rights and powers set out in paragraph 6 of Schedule 4 to the Regulations shall apply.
2. The rights and powers set out in Schedule 5 to the Property Law Act 2007 are hereby negatived.
3. The rights and powers set out in Clause 11(1) of Schedule 4 to the Regulations are deleted as they apply to the Right of Way.
4. The rights and powers set out in Clause 11(2) of Schedule 4 to the Regulations as they apply to the right of way are deleted and replaced with the following:

“11(2) The Grantor is responsible for the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.”

Retaining Wall Maintenance

9. The right of retaining wall maintenance includes the right for the Grantee in common with the Grantor at all times to go over and along the stipulated course (“Maintenance Easement Area”) for the purpose of construction, inspection, maintenance or repair of the retaining wall situated on or adjacent to the common boundary between the Maintenance Easement Area and the land under the administration or control of the Grantee presently [recorded as the Area to Acquire on Lysaght Drawing 153036-130-SCH Rev. A] (“Retaining Wall”).
10. The right to go over and along the Maintenance Easement Area for the purposes in clause 9 of this Easement Instrument includes the right:
1. to go over and along the Maintenance Easement Area with or without any kind of vehicle, machinery or implement;
2. to establish an accessway (if required), to repair and maintain any existing accessway and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted provided that the Grantee shall have no obligation to establish an accessway to a formed metalled or sealed standard; and
3. to have the Maintenance Easement Area kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the Maintenance Easement Area.
11. The Grantor (for themselves and their successors in title) acknowledges and agrees that the Retaining Wall shall be and remain the property of the Grantee.
12. The rights and powers set out in Clause 11(1) of Schedule 4 to the Regulations are deleted as they apply to the easement for Retaining Wall Maintenance.

The rights and powers set out in Clause 11(2) of Schedule 4 to the Regulations as they apply to the easement for Retaining Wall Maintenance are deleted and replaced with the following:

“11(2)(a) The Grantee is responsible for the construction, repair and maintenance of the Retaining Wall and for the associated costs, so as to keep the Retaining Wall in good order and to prevent it from becoming a danger or nuisance.

11(2)(b) The Grantor is responsible for the maintenance and repair of the Maintenance Easement Area including any accessway and for the associated costs so as to keep the Maintenance Easement Area (excluding the Retaining Wall) in good order and to prevent it from becoming a danger or nuisance.”

Rights and Powers Relating to All Easements

13. Clauses 11(4), (5) and (6) of Schedule 4 to the Land Transfer Regulations 2002 shall be deleted and replaced with the following:

“11(4) Any maintenance, repair or replacement of any easement facility that is necessary because of any act or omission by either the Grantor or the Grantee (which includes any of the agents, employees, contractors, subcontractors or invitees of either of those parties) must be carried out promptly by that Grantor or Grantee at the sole cost of that Grantor or Grantee or in such proportion as relates to the act or omission.

11(5) Any party responsible for maintenance pursuant to clauses 11(2) and 11(4) of Schedule 4 to the Land Transfer Regulations 2002 must meet any associated requirements of the relevant local authority.”

14. 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 to the Regulations).
15. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures nor plant or allow to grow any trees, shrubs or vegetation (other than common pasture grasses) 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.
16. 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.

Dated at Wellington this 7th day of March 2018.

C. ANDERSON, for the Minister for Land Information.

(LINZ CPC/2005/10907)