3696
THE NEW ZEALAND GAZETTE
No. 161

in the Fifth Schedule hereto to the right of way easements created by transfers No. 26218 and No. 26424, respectively (North Auckland Registry), for soil conservation and river control purposes over the land described in the said Fifth Schedule and further declares that the land described in the First Schedule and the easements described in the Second and Fourth Schedules, respectively, shall vest in The Waikato Valley Authority on the 13th day of September 1984.

FIRST SCHEDULE
NORTH AUCKLAND LAND DISTRICT.

Land Acquired for Soil Conservation and River Control Purposes

ALL that piece of land containing 25 square metres, situated in Block III, Onewhero Survey District, being part Allotment 106, Parish of Tuakau, as shown marked “N” on S.O. Plan 53949, lodged in the office of the Chief Surveyor at Auckland.

SECOND SCHEDULE
Description of Easement Acquired for Soil Conservation and River Control Purposes

1. In this Schedule the term “grantor” means the owners of the land over which the easement is acquired and the term “grantee” means the Waikato Valley Authority.

2. The full and free right, liberty 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. The grantee shall maintain the roadway along the said easement to a standard sufficient for its own purposes.

THIRD SCHEDULE
NORTH AUCKLAND LAND DISTRICT

Land Over Which Easement is Acquired

ALL those pieces of land described as follows:

Area m² Being
1120 Part Lot 1. D.P. 92347; marked “A” on plan.

Situated in Block III, Onewhero Survey District.

3620 Part Allotment 1 and part Allotment 49, Parish of Tuakau (D.P. 4641); marked “B” on plan.

Situated in Blocks III and IV, Onewhero Survey District.

As shown marked as above mentioned on S.O. Plan 57258, lodged in the office of the Chief Surveyor at Auckland.

FOURTH SCHEDULE
Description of Easement Acquired for Soil Conservation and River Control Purposes

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.

The full and free right, liberty and license 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 water course or water courses 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 water course 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 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 or 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.

FIFTH SCHEDULE
NORTH AUCKLAND LAND DISTRICT

Land Over Which Easement is Acquired

ALL those pieces of land described as follows:

Area ha Being
6.5070 Part Lot 1, D.P. 89834; marked “A” on S.O. Plan 56331.
5.6123 Part Allotment 106, Parish of Tuakau; marked “B” on S.O. Plan 53949.
0.6349 Part Allotment 106, Parish of Tuakau; marked “C” on S.O. Plan 53949.
0.7609 Part Allotments 1 and 106, Parish of Tuakau; marked “D” on S.O. Plan 53949.
3.1428 Part Allotment 106, Parish of Tuakau; marked “J” on S.O. Plan 53949.
0.7368 Part Allotment 106, Parish of Tuakau; marked “K” on S.O. Plan 53949.
0.6966 Part Allotment 106, Parish of Tuakau; marked “L” on S.O. Plan 53949.
2.5902 Part Allotment 106, Parish of Tuakau; marked “M” on S.O. Plan 53949.
3.1796 Part Allotment 104, Parish of Tuakau; marked “P” on S.O. Plan 53950.
2.3360 Part Allotment 104, Parish of Tuakau; marked “Q” on S.O. Plan 53950.

Situated in Block III, Onewhero Survey District.