Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Szi Ming Lee, Land Information New Zealand, declares that, an agreement to that effect having been entered into, an easement acquired (right to drain water in gross), with the rights and powers contained in specified classes of easement are those prescribed by Schedule 5 of the Land Transfer Regulations 2018, together with the implied rights and powers as set out and varied by the provisions set out in Second Schedule, is hereby acquired over the land described in the First Schedule to this notice and shall vest in the Western Bay of Plenty District Council (“Grantee”) on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District

First Schedule

The Grantor’s Land – Easement Acquired (Right to Drain Water in Gross)

Part Lot 7 DP 523236 (Part RT 831959); shown as area A on DP 609947.

Second Schedule

The Parties Agree

1. Any terms used in this easement that are defined in the Land Transfer Regulations 2018 (“Regulations”) shall take those meanings.

2. Where there is a conflict between the provisions of Schedule 5 to the Regulations and the modifications in this Easement Instrument, the modifications must prevail.

3. Should the Grantor seek approval from Western Bay of Plenty District Council or other applicable regulatory authority (“Council”) to construct a cantilever deck on the burdened land (“Cantilever Deck”) and it is necessary for that Cantilever Deck to extend over part of the Easement Area that Cantilever Deck must:

1.  
1. not extend more than 2 metres in width over the Easement Area measured from the northern side of the Easement Area, it being acknowledged between the parties that the back of the crest of the rip rap lining design forming part of the easement facilities borders the northern side of the Easement Area; and
2. The underside of the Cantilever Deck be at or above RL 3.5 metres (Moturiki Datum) at its lowest point.
2. the Grantor must at its sole cost:
1. Prior to commencing any works for construction of the Cantilever Deck, apply for and receive the grant of all necessary legislative consents including, but not limited to resource consents and building consents to construct the Cantilever Deck from Council which complies with the restrictions set out in clause 3.a.i and 3.a.ii above.
2. Construct the Cantilever Deck in accordance with all conditions and approved plans forming part of the consents referred to in 3.b.i above, including compliance with the Building Code and any other relevant legislative provisions (“Consents”);
3. Piles forming part of the Cantilever Deck may be about and protrude through the upper levels of the rip rap sloped walls within the Easement Area such that the pile on the creek side of the revetment should be at or above RL 2.5m (Moturiki Datum) at their lowest point of penetration into the upper side of the rip rap sloped wall, it being acknowledged and agreed that:
1. This limitation does not affect the exit point of any pile(s) on the under-side of the rip rap wall; nor
2. The depth the pile(s) may subsequently extend into the creek bed following their exit from the under-side of the rip rap wall.
4. Obtain a final code compliance certificate and any other confirmation or certification required in terms of the Consents for the Cantilever Deck;
5. From the date of commencement of construction of the Cantilever Deck, (“Commencement Date”) be solely responsible for all future maintenance, repair and replacement of:
1. the Cantilever Deck ensuring at all times that the terms of the Building Code and any Consents obtained in relation to the Cantilever Deck are complied with;
2. the rip rap rock revetment and all easement facilities situated in that part of the easement area on which the Cantilever Deck is constructed to a standard set by Council with all works required in terms of this sub-clause to be completed within one (1) month of the date of receipt of written notice from Council to undertake maintenance works or such other period as Council may agree in writing prior to completion of the works; and
3. meet the additional cost of any construction, maintenance, repair or replacement of the rock walls or other materials forming part of any adjoining easement facilities where additional costs are incurred due to the position of the Cantilever Deck.

4. The rights and powers set out in clause 4 of Schedule 5 of the Land Transfer Regulations 2018 provided that clause 4(3) shall not apply to this Easement Instrument.

5. The definition of a “right to drain water” easement facility in clause 1 of Schedule 5 of the Land Transfer Regulations 2018 is deleted and replaced with:

“(d) for a right to drain water, means pipes, conduits, open drains (including open drains constructed of concrete, rock or such other suitable material .and including drain walls that extend above the surface of the land), pumps, tanks (with or without headwalls), manholes, valves, surface boxes, and other equipment suitable for that purpose, whether above, on or under the ground), and anything in replacement or substitution:”

6. Clause 10(1)(b) of Schedule 5 to the Land Transfer Regulations 2018 is deleted and replaced with the following:

“10(1)(b) The right to lay, install, construct or replace in the easement area (including the right to excavate land for the purpose of construction or replacement) an easement facility that the Grantee may from time to time reasonably require.”

7. Clause 10(2) of Schedule 5 to the Land Transfer Regulations 2018 is deleted.

8. The Grantee shall alone determine both the nature of the easement facility and where, how and when it is to be laid or installed along the easement area and the agreement of the Grantor is not required to any of this.

9. The Grantee is not compelled to drain water along the easement area.

10. The Grantee may at any time and at its own expense erect and maintain a fence(s) and gate(s) (including locked gates) on or within the easement area to keep the easement facility secure. The Grantor agrees not to interfere with, or remove, such fence(s) or gate(s).

11. Any maintenance, repair or replacement of the easement facility (including any fence(s) or gate(s) erected pursuant to clause 8 above), whether on the burdened land or similar facilities of the Grantee connected to the easement facility that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of the Grantor) must be carried out by the Grantee at the Grantor’s sole cost. Where the Grantor’s act or omission is the partial cause of the maintenance, repair or replacement, the Grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission, with the balance of the costs payable by the Grantee.

12. The Grantee’s rights to the easement facility or facilities under this Easement Instrument are exclusive.

13. Any notice required to be given by either party to the other shall be deemed sufficiently served if delivered personally or sent by prepaid post to the addressee’s last known address in New Zealand or in the case of a body corporate, its registered office. Any notice personally delivered or posted shall be valid if served or given under the hand of any authorised representative of the notifying party.

14. Any part of the easement facility, including any improvements of the Grantee, (whether on, over or under the burdened land) laid, erected, constructed or installed by the Grantee on the easement area shall remain at all times the property of the Grantee subject to its exclusive supervision and control, and may at any time be removed by the Grantee in its sole discretion without incurring any liability to the Grantor except as may be herein expressly provided.

15. This Easement Instrument shall run forever or until the Grantor and Grantee, for the time being, otherwise mutually agree.

16. The exercise of any rights or powers conferred on the Grantee by this Easement Instrument shall not entitle the Grantor to the payment of compensation under the provisions of any enactment or at law but nothing in this clause shall operate as a waiver of the Grantor’s rights or remedies if the Grantee breaches any of the provisions of this Easement Instrument.

17. Any rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or by statute independently of this grant of easement.

18. No breach of the terms of this Easement Instrument by the Grantee shall entitle the Grantor to cancel or revoke this Easement Instrument.

19. For the purposes of this Easement Instrument, all references to “Western Bay of Plenty District Council” includes any successor organisation of Western Bay of Plenty District Council.

Dated at Wellington this 8th day of May 2026.

SZI MING LEE, for the Minister for Land Information.

(LINZ CPC/2005/10913)