Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land for Stormwater Purposes—642l Kennedy Road, Pyes Pa, Tauranga

Notice is hereby given that Tauranga City Council under the provisions of section 23 of the Public Works Act 1981 proposes to take the land described in the First Schedule (“Land”) for stormwater purposes, subject to an easement (“Easement”) over that part of the Land described in the Second Schedule (“Easement Area”) in favour of the land described in the Third Schedule on the terms and conditions described in the Fourth Schedule.

The Land is required for stormwater purposes in connection with the Nanako Stream Stormwater Solution project (“Project”). More particularly, the Land is required to enable the conveyance of stormwater and construction of a stormwater attenuation and treatment dam in connection with the Project.

The reasons why Tauranga City Council considers it reasonably necessary to take the Land are to:

  1. enable the improvement of stormwater management and delivery of public infrastructure;
  2. enable the significant residential development and population growth within the area; and
  3. enable the delivery of a wastewater pump station and associated public infrastructure

The owner of the Land and those persons with a registered interest in that land have been served with notice of the Tauranga City Council’s intention to take the Land and advised of their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Specialist Courts and Tribunals Centre, Level 2, 41 Federal Street, Auckland 1010, within 20 working days after the date of publication of this notice.

If any objection is made in accordance with this notice, a public hearing will be held with the right of the objector to appear and be heard personally unless the objector otherwise requires and each objector will be informed of the time and place of the hearing.

Any person requiring further information in respect of this advice should contact Alicia Oldham at Tauranga City Council, Postal Address: 91 Willow Street, Private Bag 12022, Tauranga 3143. Phone: (07) 577 7349.

South Auckland Land District—Tauranga City Council

The Land is located at 642L Kennedy Road, Pyes Pa, Tauranga.

First Schedule

Land
Area
m2
Description
33750 An estate in fee simple being part of Lot 2 Deposited Plan 325790 (part Record of Title 966910); shown marked Section 2 on Survey Office Plan 569028.

Second Schedule

Easement Area
Area
m2
Description
- Part of Lot 2 Deposited Plan 325790 (part Record of Title 966910); shown marked:
  1. Area A on Survey Office Plan 569028 in respect of a right of way and a right to drain water and sewage; and
  2. Areas B and F on Survey Office Plan 569028 in respect of a right to drain water and sewage and a right to convey electricity, water, telecommunications and gas.

Third Schedule

Benefitting Land Under Easement
Area
m2
Description
- Part of Lot 2 Deposited Plan 325790 shown marked Sections 1 and 3 on Survey Office Plan 569028 and Lot 6 Deposited Plan 555262 (part Record of Title 966910).

Fourth Schedule

Terms and Conditions of Easement in favour of Lot 6 Deposited Plan 555262 and part Lot 2 Deposited Plan 325790

1. In this easement, unless the context indicates otherwise:

Benefitted Land means 3.1780 hectares, 5.7300 hectares and 1.4604 hectares more or less respectively being Sections 1 and 3 on Survey Office Plan 569028 (being part of Lot 2 Deposited Plan 325790) and Lot 6 Deposited Plan 555262 (Record of Title to be issued);

Burdened Land means 3.3750 hectares more or less being Section 2 on Survey Office Plan 569028 being part of Lot 2 Deposited Plan 325790 (Record of Title to be issued);

Easement Facility means:

  1. for the right of way, a gravel accessway over the surface of the Stipulated Course sufficient to enable vehicular passage;
  2. for the right to convey electricity and right to convey telecommunications, means wires, cables (containing wire or other media conducting materials), ducts, surface boxes, towers, poles, transformers, switching gear, other equipment suitable for that purpose (under the ground only), and anything in replacement or substitution;
  3. for the right to convey water, means pipes, pumps, pump sheds, storage tanks, water purifying equipment, other equipment suitable for that purpose (under the ground only), and anything in replacement or substitution;
  4. for the right to drain water and right to drain sewage, means pipes, conduits, open drains, pumps, tanks (with or without headwalls), manholes, valves, surface boxes, other equipment suitable for that purpose (under the ground only), and anything in replacement or substitution; and
  5. for the right to convey gas, means pipes, conduits, valves, other equipment suitable for that purpose (under the ground only), and anything in replacement or substitution;

Grantee means the registered owner of the Benefitted Land and includes the agents, employees, contractors, tenants, licensees and invitees of the Grantee;

Grantor means the registered owner of the Burdened Land and includes the agents, employees, contractors, tenants, licensees and invitees of the Grantor; and

Stipulated Course means:

  1. a right of way and a right to drain water and sewage over the area marked A on Survey Office Plan 569028; and
  2. a right to drain water and sewage and a right to convey electricity, water, telecommunications and gas over the areas marked F and B on Survey Office Plan 569028.

Right of Way

2. The Grantee has the right, together with the Grantee's tenants, agents, workmen, licensees and invitees (in common with the Grantor, the Grantor's tenants and any other persons lawfully entitled to do so) at all times to pass and repass on foot or with vehicles and with or without every kind of domestic animal, machine, equipment and implement over and along the Easement Facility in the Stipulated Course.

3. The right of way will be upon and subject to those terms implied in Schedule 5 of the Land Transfer Regulations 2018 and the Fifth Schedule to the Property Law Act 2007 except as varied by this easement. In the event of any inconsistency, the rights set out in this easement instrument will prevail.

4. The Grantor will, at its own cost, install and construct the Easement Facility for the purpose of this right of way easement. This clause is in replacement of the general rights terms implied in clause 10 of Schedule 5 of the Land Transfer Regulations 2018.

Rights to convey electricity, telecommunications, gas and water and rights to drain water and sewage

5. The Grantee also has a right together with the Grantee's tenants, agents, workmen, licensees and invitees (in common with the Grantor and other persons to whom the Grantor may grant similar rights) at all times:

  1. Right to Convey Electricity: to lead and convey electricity and electrical impulses without interruption or impediment from the point of entry;
  2. Right to Convey Water: to take and convey water in free and unimpeded flow from the source of supply or point of entry;
  3. Right to Drain Water: to convey and drain water (whether sourced from rain, springs, soakage, or seepage) without obstruction and in any quantity;
  4. Right to Drain Sewage: convey and drain sewage and other waste material and fluid without obstruction and in any quantity;
  5. Right to Convey Telecommunications: to lead and convey telecommunications without interruption or impediment from the point of entry; and
  6. Right to Convey Gas: to lead and convey gas without interruption or impediment from the point of entry,

through the relevant Easement Facility now laid or to be laid through the Stipulated Course.

6. The rights set out in clause 5 will be upon and subject to those terms implied in Schedule 5 of the Land Transfer Regulations 2018 and the Fifth Schedule to the Property Law Act 2007 except as varied by this easement. In the event of any inconsistency, the rights set out in this easement instrument will prevail.

7. The Grantee is, at its own cost and subject to clause 12, responsible for laying, installing and constructing an Easement Facility under the soil of the Stipulated Course that the Grantee reasonably requires for the purpose of each of the rights set out in clause 5 and for which the Grantor has given its prior consent (which cannot be unreasonably withheld). This clause is in replacement of the general rights terms implied in clause 10 of Schedule 5 of the Land Transfer Regulations 2018.

General

8. The Grantee is, at its own cost, responsible for arranging the repair and maintenance of each Easement Facility in the Stipulated Course, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance, unless any repair or maintenance is attributable solely to an act or omission by the Grantor, in which case such repair or maintenance work must be promptly carried out by the Grantor at its sole cost. The party responsible for the maintenance and repair work under this clause (as the case may be) must meet any associated requirements of the relevant local authority. The Grantee acknowledges that the Stipulated Course is over an engineered and consented structure (being a dam), which protects public and private assets and reduces the risk to life. The Grantee must not allow to be done or do anything on or around the Stipulated Course (which, for the avoidance of any doubt, includes any Easement Facility) that impacts the integrity of the dam. This clause is in replacement of the general repair, maintenance and costs terms implied in clause 11 of Schedule 5 of the Land Transfer Regulations 2018.

9. Subject to clause 11, the Grantor must not do and must not allow to be done on the Burdened Land anything that may unreasonably interfere with or restrict the rights of any other party or unreasonably interfere with the efficient operation of the Easement Facility.

10. The Grantee must not do and must not allow to be done on the Benefited Land or the Burdened Land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the Easement Facility.

11. The Grantee and Grantor acknowledge that, during construction of the Grantor’s proposed stormwater works on the Burdened Land and surrounding land, the Grantor may cause interference and obstruction to the Grantee’s use of the Easement Facility (including preventing access for as long as is reasonably required in order to carry out the proposed stormwater works or any other public work). The Grantor will ensure that such interference and obstruction is minimised as far as reasonably possible, and will provide alternative practical access between the parcels comprising the Benefitting Land (formerly comprised within Lot 2 Deposited Plan 325790) where access of the Stipulated Course is prevented.

12. If, at any time during the term of this easement, the Grantee wishes to undertake works to improve the right of way Easement Facility and/or install services within the Easement Facility to support development of the Benefitted Land, the Grantor will not unreasonably withhold consent to such works, provided the Grantee:

  1. complies with all requirements of the Grantor and the relevant consenting authority;
  2. meets the cost of the Grantor’s engineer (nominated in the Grantor’s sole discretion) to peer review any plans relating to the Stipulated Area and supervise construction of such works. The Grantor is entitled to require the Grantee to pay the engineer’s costs in advance; and
  3. carries out such works at the Grantee’s sole cost and under the supervision of the Grantor’s engineer. The Grantee will comply with the reasonable directions of the Grantor’s engineer.

Dated at Tauranga this 1st day of November 2021.

Signed for and on behalf of Tauranga City Council under delegated authority by:
CHRISTINE JONES, General Manager, Strategy & Growth, Tauranga City Council.