2322 THE NEW ZEALAND GAZETTE No. 99

As shown on plan S.O. 49989, lodged in the office of the Chief Surveyor at Auckland, and thereon marked as above mentioned.

Dated at Wellington this 6th day of August 1981.
W. L. YOUNG, Minister of Works and Development.
(P.W. 96/013000/0; Ak. D.O. 96/013000/0/48)

Declaring Land and an Easement over Land Taken for Soil Conservation and River Control Purposes in Blocks XIV and XV, Opaheke Survey District, and Block II, Maramarua Survey District, Franklin County

Pursuant to section 32 of the Public Works Act 1928, the Minister of Works and Development hereby declares that, sufficient agreements to that effect having been entered into, the land described in the First Schedule hereto is hereby taken for soil conservation and river control purposes and the easement described in the Second Schedule hereto is hereby taken for soil conservation and river control purposes over the land described in the Third Schedule hereto and shall vest in the Waikato Valley Authority, from and after the 20th day of August 1981.

FIRST SCHEDULE
NORTH AUCKLAND LAND DISTRICT
Land Taken

All those pieces of land described as follows:

Situated in Block XIV, Opaheke Survey District.

Situated in Block II, Maramarua Survey District.

As shown on the plans marked as above mentioned and lodged in the office of the Chief Surveyor at Auckland.

SECOND SCHEDULE
NORTH AUCKLAND LAND DISTRICT
Description of Easement

1. In this Schedule the term "grantor" means the owner of the land over which an easement is to be acquired and the term "grantee" means the Waikato Valley Authority.

2. The full and free right, liberty and licence and authority in perpetuity for the grantee or its agents to do and carry out the following on the said land:

3. To enter on the said land by its engineers, officers, agents and workmen; to go, pass and repass, with or without machinery or vehicles over and along the said land.

4. To delegate to the local council as defined by the Waikato Valley Authority Act 1956, the rights and powers conferred by this grant.

5. To construct a watercourse or watercourses of such dimensions as the grantee shall determine and from time to time alter or reconstruct the same and to clean, or otherwise maintain the same in a state of efficiency.

6. To construct a stopbank or stopbanks or other defence against water of such dimensions as the grantee shall determine and from time to time to alter or reconstruct the same and do all things which are necessary to maintain the same in a state of efficiency.

7. To plant sow and maintain trees, shrubs, plants or grasses on the said land and to regulate or prohibit interference with or the destruction thereof.

8. To fence the boundaries of the said land to the extent the grantee shall determine, the cost of maintenance and repair of such fencing to be borne equally by the grantee and grantor.

9. To prevent or regulate the pumping or releasing of water into any watercourse on the said land or the overflow of artesian water.

10. To regulate the use of any constructed watercourse on the said land.

11. To prescribe conditions on which other constructed watercourses may be connected or continue to be connected with any constructed watercourse on the said land.

12. To regulate the construction and maintenance of crossings over watercourses on the said land.

13. To prohibit the passing over any watercourses on the said land except at appointed crossings.

14. To prevent any watercourse on the said land from being made wider or deeper than it is at the time, whether by cleaning or otherwise; or to prevent the course thereof from being altered without the consent of the grantee.

15. To prohibit or regulate access to or the passing over or along any bank, dam, or other defence against water, or other work of any kind whatsoever constructed or maintained by, or under the control of, the grantee on the said land.

16. To prohibit or regulate the planting of willows or other trees on the said land.

17. To prohibit or regulate the erection of any structures or fences on the said land.

18. To prohibit or regulate the use of the said land by the grantor and to require the grantor to use the said land solely for the growing of grasses and at all times to comply with the directions of the grantee in respect of the grazing of animals on the said land as if a notice to control such grazing had been given under section 35 of the Soil Conservation and Rivers Control Amendment Act 1959, so that the said land shall be maintained and kept in such manner that any stopbank or other defence against water or any watercourse is maintained in a state of efficiency.

19. To prohibit the cultivation of the said land by the grantor, any renewal of pasture to be the responsibility of the grantee except that the cost of such renewal shall be borne by the grantor where such renewal is a result of wilful damage or the failure of the grantor to conform to prudent land use practice, being practice which has proper regard to timing and circumstances and is likely to prevent soil erosion, and likely to promote soil conservation, the avoidance of deposits in watercourses, and the control of floods.

20. To prohibit the lighting of fires on the said land except under such circumstances and subject to such limitations, conditions and restrictions as may be prescribed by the grantee.

21. Generally, to require the doing on or in respect of the said land of any act or thing which may be likely to prevent or mitigate soil erosion or promote soil conservation or the control of floods and to prohibit the doing on or in respect of the said land of any act or thing which may be likely to facilitate soil erosion or floods.

THIRD SCHEDULE
NORTH AUCKLAND LAND DISTRICT
Land Over Which Easement is Taken

All those pieces of land described as follows: