Pursuant to sections 20 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, an agreement to that effect having been entered into,

1. the land described in the First Schedule to this notice is hereby acquired for a wastewater pump station and shall vest in Watercare Services Limited;
2. a land covenant is hereby acquired over the land described in the Second Schedule to this notice appurtenant to the land described in the First Schedule to this notice on the terms and conditions set out in the Third Schedule to this notice

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

North Auckland Land District—Auckland

First Schedule

Land Acquired for Wastewater Pump Station

Second Schedule

Land Covenant Acquired

Third Schedule

Terms of the Land Covenant

Definitions:

Benefited Land means the land described in the First Schedule to this notice.

Burdened Land means the land described in the Second Schedule to this notice.

Grantor means being the registered owner of the Burdened Land.

Grantee means the registered owner of the Benefited Land.

Covenant Provisions:

The Grantor grants to the Grantee a covenant set out below with the rights and powers or provisions as set out below.

The Grantor for itself and its successors in title to the Burdened Land (or any part of it) hereby covenant, acknowledge and agree with the Grantee and its successors in title to the Benefited Land or any part of it as a positive covenant for the benefit of the registered owners and users from time to time of the Benefited Land, that the Grantor will henceforth and at all times hereafter observe and perform all the stipulations and restrictions contained in Schedule A to this notice to the end and intent that each of the stipulations and restrictions shall, in the matter and to the extent prescribed, forever be for the benefit of, and be appurtenant to, the whole of the Benefited Land and every part thereof.

Schedule A

1. For the purposes of this land covenant, the expression “Wastewater Operations” means all customary activities, works, uses and occupations carried on in relation to a wastewater pump station at any time in accordance with prevailing practices and trends for the time being, whether involving the pumping or treatment of wastewater or stormwater including all associated transmission and/or conveyance of such wastewater or stormwater to and from the Benefited Land, the use of light or heavy machinery, equipment, vehicles or otherwise, as required by Wastewater Operations from time to time.
2. The Grantor acknowledges that the Burdened Land is in close proximity to and overlooks part of the Benefited Land upon which the Grantee undertakes Wastewater Operations on a 24 hour, 7 day a week basis, and that the Wastewater Operations necessarily involve noise, odour and occasional flooding and other environmental effects, which local residents may find disturbing and inconvenient, or visually unattractive.
3. The Grantor acknowledges that the Grantee is entitled to carry out Wastewater Operations on the Benefited Land.
4. Subject to the Grantee’s compliance with its obligations pursuant to this land covenant, the Grantor hereby agrees that it shall not lodge or permit to be lodged with the Environment Court, Auckland Council or any other territorial or other authority having jurisdiction, any objection to the Grantee conducting Wastewater Operations from the Benefited Land.
5. The Grantee hereby agrees that it shall conduct its Wastewater Operations in accordance with all relevant laws and regulations and the provisions of any relevant plan and/or any resource consent granted to it, and/or any existing use rights, in relation to Wastewater Operations, from time to time.
6. In particular but without limiting the generality of the foregoing in relation to:
   1. noise, the Grantor acknowledges that Wastewater Operations operate 24 hours a day 7 days a week, and that a low level of machinery noise is created at all times which may be able to be heard from the Burdened Land; and
   2. odour and visual effects, the Grantor acknowledges that the Wastewater Operations may from time to time (and more particularly if the Benefited Land incurs flooding), emit odour which may be able to be detected from the Burdened Land.
7. The Grantor hereby covenants that it shall at all times hereafter save harmless and keep indemnified the Grantee from all proceedings, costs, claims and demands in respect of breaches by the Grantor of the covenants and restrictions herein contained and implied on behalf of the Grantor which occurred while the Grantor was the registered owner of the Burdened Land.
8. The Grantor cannot terminate this land covenant, it being the intention of the parties that the rights and obligations will continue forever unless surrendered provided always that if the Burdened Land is subdivided, the Grantee shall, with all reasonable speed and due diligence, partially surrender this land covenant at the Grantor’s cost from any new record of title created whose boundary is more than twenty metres from the boundary of the Benefited Land.

Dated at Wellington this 26th day of November 2018.

J. STOCKER, for the Minister for Land Information.

(LINZ CPC/2009/14541)