Notice is hereby given that the Far North District Council (“Council”) proposes to take, under the Public Works Act 1981:

1. the land described in the First Schedule of this notice (“Land”); and
2. an easement in gross (“Easement”) for:
1. a right of way, right to convey electricity, telecommunications and water over that part of the land described in the Second Schedule to this notice; and
2. a right to convey water over that part of the land described in the Third Schedule to this notice;

containing the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (Regulations) except as varied by the terms set out in the Fourth Schedule to this notice.

The Land and Easement are required for the Monument Hill Deep Bore and water conveyance and related rights. It is intended to use the Land for water supply purposes.

The reasons why Council considers it essential to take the Land and the Easement are:

1. to provide a sustainable supply of secure potable water for the Kaikohe community;
2. existing water infrastructure is located on the Land and land over which the Easement is required and acquisition will provide Council with security in its assets and resilience in the water supply;
3. Council wishes to acquire the Land and Easement to formalise the Land’s existing use and the existing infrastructure’s use.

The owner of the Land and the land over which the Easement are required, and those persons with a registered interest it, have been served with notice of Council’s intention to take the Land and the Easement 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. Postal Address: CX10086 Auckland, 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 Nick Pointon, The Property Group, Level 17, 55 Shortland Street, Auckland 1010. Postal Address: PO Box 104, Shortland St, Auckland 1140. Email: npointon@propertygroup.co.nz. Phone: 027 241 2208.

The Land and the land over which the Easement is required is located near Monument Road and Hillcrest Road, Kaikohe.

North Auckland Land District—Far North District

First Schedule

Land

Second Schedule

Right of Way, Right to Convey Electricity, Telecommunications and Water Easement Area

1. Area E on SO 595785 being part Taraire No 1W No 1 Block (Record of Title NA217/23).
2. Area F on SO 595785 being part Taraire No 1Z No 1 Block (shown as Section 4 on SO 595785) (Record of Title NA217/22).

Third Schedule

Right to Convey Water Easement Area

1. Area A on SO 595785 being part Taraire 1X1B2 Block (Record of Title NA4C/444).
2. Area C on SO 595785 being part Section 16 Block XV Omapere Survey District (Record of Title NA799/275)

Fourth Schedule

Variation of Easement Terms

1. Clause 3(1) of the Regulations is deleted and substituted as follows:

A right to convey water includes the right for the grantee, at all times, to take and convey water in free and unimpeded flow from the source of supply or point of entry through the easement facility and over the easement area.

The grantor must not grant or agree to any right to convey water easement or other right over the easement area. The grantor may grant other easements over the burdened land (excluding the easement area) provided such easements or rights do not interfere with or impact on the grantee’s rights and powers under this easement.

2. Clause 6(1) of the Regulations is deleted and substituted as follows:

A right of way includes the right for the grantee, at all times, in common with the grantor to go over and along the easement facility.

The grantor must not grant or agree to any right of way easement or other right over the easement area, without the grantee’s consent.

3. Clause 7(1) of the Regulations is deleted and substituted as follows:

A right to convey electricity includes the right for the grantee, at all times, to lead and convey electricity and electrical impulses without interruption or impediment from the point of entry through the easement facility and over the easement area.

The grantor must not grant or agree to any right to convey electricity or other right over the easement area, without the grantee’s consent.

4. Clause 8(1) of the Regulations is deleted and substituted as follows:

A right to convey telecommunications includes the right for the grantee, at all times, to lead and convey telecommunications without interruption or impediment through the easement facility and over the easement area.

The grantor must not grant or agree to any right to convey telecommunications or other right over the easement area, without the grantee’s consent.

5. Clause 10(1) of the Regulations is deleted and substituted as follows:

10(1) The easement includes the right for the grantee at its sole discretion to:

1. use, upgrade, replace, lay, install and construct in the easement area (including the right to excavate land for the purpose of that construction) an easement facility that the grantee reasonably requires; and
2. repair and maintain the easement facility.

6. Clauses 10(2) and 10(4) of the Regulations are deleted.

7. Clause 11 of the Regulations is deleted and substituted as follows:

11(1) Subject to subclauses (2) and (3), the grantee will be solely responsible for maintenance and repair of the easement facility and any associated costs so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.

11(2) Any repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor must be promptly carried out by the grantor at its sole cost, or the grantee may at its sole discretion undertake such repair or maintenance and recover the costs as a debt from the grantor.

11(3) However, if the repair and maintenance of the easement facility is only partly attributable to an act or omission by the grantor—

1. the grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission; and
2. the balance of those costs is payable in accordance with subclause (1).

8. Clauses 12(3) and 12(7) of the Regulations are deleted and substituted as follows:

12(3) The grantee will use its reasonable endeavours to ensure, in the exercise of its rights under this easement, that any interference, damage or disturbance caused to the burdened land or the grantor is reasonably minimised.

12(7) If any damage is done by the grantee in the exercise of its powers under this easement, compensation payable (if any) will be determined in accordance with the Public Works Act 1981.

9. A new clause 15 is inserted as follows:

15 The easement will commence on the 14th day after publication of a proclamation taking the easement in the New Zealand Gazette.

10. A new clause 16 is inserted as follows:

16 In the event a conflict exists between the provisions of the Regulations and the modifications in this notice, the modifications will prevail.

Dated at Kerikeri this 17th day of December 2024.

GUY HOLROYD, Chief Executive, Far North District Council.