Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Deepal Chand, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the First Schedule to this notice is acquired and shall vest in Far North District Council for water supply purposes (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

North Auckland Land District—Far North District

First Schedule

The Easement

A right to convey water easement in gross over the land described in the Second Schedule to this notice on the terms and conditions set out in the Third Schedule to this notice.

Second Schedule

Burdened Land

Part Lot 2 DP 134738 (Record of Title NA79C/217) marked C on SO 579707 and Part Lot 2 DP 211844 (Record of Title NA138C/580) marked E on SO 579707, owned by Elbury Holdings Limited (“Grantor”).

Third Schedule

Terms and Conditions

1. Rights and Powers

The Easement shall contain the rights and powers implied into right to convey water easements by clauses 1, 3, and 10–14 (inclusive) of Schedule 5 of the Land Transfer Regulations 2018 (the Regulations) except to the extent expressly provided to the contrary in this schedule.

The rights and powers implied into the Easement by the Regulations are added to, varied, or substituted by the following:

1.1 The definition of easement facility in clause 1 of the Regulations is varied to read:

(a) for a right to convey water, means pipes, valves, manholes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution;

2. Right to convey water

2.1 The right to convey water includes the right for the Grantee at all times, to install, operate, monitor, keep, repair, renew, inspect, maintain and replace the easement facility (whether above or under the ground), and anything in replacement or substitution on and over the easement area, provided that any work undertaken which impacts the surface of the farm lanes can only be undertaken by way of arrangement as to timing with the Grantor.

2.2 The Grantee shall, at the Grantee’s sole cost, be entitled to:

2.2.1 from time to time in consultation with and agreement from the Grantor trim or remove any trees, overhanging branches, shrubs and bushes that in the reasonable opinion of the Grantee may pose a risk through root intrusion to the easement facility. The parties record that this does not apply to existing shelter belt trees in the vicinity of the easement area.

2.3 In the exercise of the rights conferred under clause 2.2 the Grantee shall have all of the rights and be subject to the obligations set out in clause 12 of the Regulations, except for clause 12(2) which shall not apply.

3. Grantor’s Obligations

3.1 The Grantor agrees that the easement facility remains the property of the Grantee and the Grantee may at any time by arrangement as to timing with the Grantor remove from the easement area any part or parts of the easement facility but the Grantee must as soon as reasonably practicable at its own cost remedy any damage caused to the burdened land by the removal.

3.2 Clause 3(4) of the Regulations is varied to read:

“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 within the easement area to be polluted or diminished.”

3.3 Clause 10(3) of the Regulations is varied to read:

“That except in relation to any existing structure or stock yards on the easement area in existence at the time of construction of the easement facility or the proposed shed to be constructed on the balance but not within 10 metres of the south west boundary of Lot 2 Deposited Plan 21184, the Grantor must not do and must not allow to be done on the easement area anything that may interfere with or restrict the rights of the Grantee or interfere with the efficient operation of the easement facility, including the following:

(a) placing, planting or growing, or allowing to be placed, planted or grown any plants, trees, shrubs or vegetation on the easement area, but excluding agricultural crops and pasture, that may interfere with the easement facility and the Grantee’s ability to access it;

(b) erecting or placing any structure, building, hoarding, sign or other erections on the easement area that would interfere with the easement facility and the Grantee’s ability to access it, save that the Grantor can replace poles in the existing stockyards to a depth of 2m, and extend the existing stockyards on the easement area provided any poles do not extend to a depth greater than 2m;

(c) parking vehicles of any kind, or any caravans, trailers or other machinery on the burdened land that would interfere with the easement facility and the Grantee’s ability to access to it, short term parking of farm vehicles or machinery not being a breach of this clause.”

3.4 The Grantor shall ensure that the easement area is kept clear of obstructions at all times.

4. Grantee May Surrender

4.1 The Grantee:

4.1.1 May at any time give the Grantor written notice of its intention to surrender any or all of the Grantee’s rights; and

4.1.2 May at any time more than 1 month after giving the notice, at its own cost, surrender the right/s.

5. No Assignment

5.1 The Grantee shall not be entitled to assign or transfer this Easement without the consent of the Grantor. For the purposes of this clause an assignment to a statutory successor of the Grantee shall not be deemed to be an assignment.

6. Health and Safety

6.1 The Grantee will comply at all times with all reasonable Health & Safety obligations (including any Health & Safety procedures, Farm Rules or guidelines provided by the Grantor applicable to the burdened land) including without limitation the Health and Safety at Work Act 2015 and any consequent amendments and enactments to that Act.

6.2 The Grantor and the Grantee will work together to consult, co-operate and co-ordinate activities in order to meet each other’s respective health and safety obligations under applicable legislation.

Dated at Wellington this 9th day of May 2023.

D. CHAND, for the Minister for Land Information.

(LINZ CPC/2005/10885)