Easement in Gross Acquired—Arapohue Road, Dargaville, Kaipara District
Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Tyler Matthews, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice is acquired over the land of Roto Farm 2018 Limited (“Grantor”) described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in Kaipara District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
Lot 2 DP 429454 comprised in Record of Title 515247.
A right to drain water easement in gross over the land marked ‘A’ and ‘B’ on SO 615921.
The easement shall contain the rights and powers implied into a right to drain water prescribed by Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”). The implied rights and powers are varied as follows:
1. Repair, maintenance and costs
Clause 11 of Schedule 5 of the Regulations is substituted as follows:
(1) Subject to paragraphs (3) and (4), the Grantee acknowledges and agrees that it is solely responsible for any repair and maintenance (and associated costs) required to keep the easement facility in good order and to prevent it becoming a danger or nuisance.
(2) The Grantee must meet any associated requirements of the relevant local authority.
(3) 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.
(4) However, if the repair and maintenance of the easement facility is only partly attributable to an act or omission by the Grantor—
(a) The Grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act omission; and
(b) The balance of those costs is payable by the Grantee.
2. General
In the event a conflict exists between the provisions of the Regulations and the modifications in this easement, the modifications will prevail.
Dated at Christchurch this 17th day of June 2025.
T. MATTHEWS, for the Minister for Land Information.
(LINZ CPC/2005/10895)