Pursuant to section 20(1) of the Public Works Act 1981, an agreement to that effect having been entered into, and to a delegation from the Minister for Land Information, Janine Stocker, Land Information New Zealand, declares that:
- The land in the First Schedule to this notice is acquired for water and waste water purposes and shall vest in the Tararua District Council on the date of publication of this notice in the New Zealand Gazette; and
- pursuant to section 28, the easement in gross described in the Third Schedule to this notice is acquired over the land of Darren John Quirk, Anna Judy Morrison and Philip Hector Morrison as to a one-half share and Darren John Quirk, Philip Hector Morrison and Anna Judy Morrison as to a one-half share (“Grantor”) described in the Second Schedule to this notice upon the terms and conditions set out in the Fourth Schedule to this notice and shall vest in the Tararua District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
Wellington Land District—Tararua District
Land Acquired for Water and Waste Water Purposes
|5.4563||Part Lot 1 DP 67471 (Record of Title WN41C/470), subject to the easements created by Transfer B238770.1 and Transfer B302955.1|
|3.3075||Lot 1 DP 52391 (part Record of Title WN44B/616); shown as Section 3 on SO 536038, subject to the easement created by Transfer B259313.1 and together with the easement created by Easement Instrument 453555.2|
|0.2900||Part Lot 3 DP 52391 and Part Lots 1 and 3 DP 53865 (part Record of Title WN44B/616); shown as Section 1 on SO 536038, together with the easements created by Easement Instrument 453555.2 and Easement Certificate B348576.7|
The Grantor’s Land
Section 2 SO 536038 (balance Record of Title WN44B/616) (“Grantor’s Land”)
Easement in Gross Acquired
A right to convey water easement in gross over the area marked A on SO 536038 (“Easement”).
Easement Rights and Powers
- The Easement shall contain the rights and powers implied into such easements by Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) together with the modifications set out in this Easement.
- The meaning of any words in this Easement shall be that given in paragraph 1 of the Regulations.
- Where there is a conflict between the provisions of the Regulations and the modifications set out in this Easement, then the modifications must prevail.
- The grantor grants to the grantee as an easement in gross, the full uninterrupted and unrestricted right to:
- draw, take, convey, pump and lead water at all times without obstruction and in any quantity in a free and unimpeded flow (except where the flow is halted for any reasonable period necessary for repairs) and in any quantity without interruption or impediment from the source of supply or point of entry, as the case may be, through the easement facility and over the easement area;
- lay, install (including construct), maintain, inspect, repair, renew, relay, alter, replace, upgrade, substitute, add to, modify, change, and enlarge the easement facility within the easement area as the grantee may consider necessary, convenient or desirable.
- The right to take and convey water in free and unimpeded flow is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.
- The grantor must not do and must not allow to be done anything on the burdened land that may cause the purity or flow of water in the water supply system to be polluted or diminished.
Repair, maintenance, and costs
- The grantee is responsible for the repair and maintenance of the easement facility so as to keep the easement facility in good order and to prevent it from becoming a nuisance or a danger, except where such repair or maintenance is attributable solely to an act or omission by the grantor.
- If the repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor, the grantor must promptly pay the costs of the repair and maintenance of the easement facility.
- If the repair and maintenance of the easement facility is only partly attributable to an act or omission by the grantor, the grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission.
Dated at Wellington this 3rd day of July 2019.
J. STOCKER, for the Minister for Land Information.