26 APRIL NEW ZEALAND GAZETTE 1363

Second Schedule

South Auckland Land District

1 road 11.5 perches, being part Section 7, Block III, Orahiri Survey District; as shown coloured sepia, edged sepia on S.O. Plan 43501, lodged in the office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 19th day of April 1991.

R. W. BARNABY, Assistant District Manager.
(DOSLI Hn. 17/7/46)

In4263

Land in Thames-Coromandel District Declared to be Road

Pursuant to section 114 of the Public Works Act 1981 and to a delegation from the Minister of Lands, the Assistant District Manager of the Department of Survey and Land Information, Hamilton, declares the land described in the Schedule hereto to be road and vested in The Thames-Coromandel District Council.

Schedule

South Auckland Land District

Area

m²

2543 Being Parareka No. 2, Block and part Waiotahi A Block; marked “A” on plan.

341 Part Section 11, Block IV, Thames Survey District; marked “C” on plan.

277 Part Waiotahi A Block; marked “D” on plan.

1.7362 Part Waiotahi A Block; marked “B” on plan.

Situated in Block IV, Thames Survey District.

As shown marked as above mentioned on S.O. Plan 58668, lodged in the office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 19th day of April 1991.

R. W. BARNABY, Assistant District Manager.
(DOSLI Hn. 14/103/1)

In4264

An Easement Over Land Acquired for Soil Conservation and River Control Purposes in Matamata-Piako District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Assistant District Manager of the Department of Survey and Land Information, Hamilton, declares that, agreements to that effect having been entered into, the easement described in the First Schedule hereto is hereby acquired for soil conservation and river control purposes over the land described in the Second Schedule hereto and shall vest in The Waikato Regional Council on the date of publication hereof in the Gazette.

First Schedule

South Auckland Land District

1. In this Schedule the term “grantor” means the owner or occupier of the land described in the Second Schedule over which an easement is to be acquired and the term “grantee” means the Waikato Regional Council.

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, re-pass, with or without machinery or vehicles over and along the said land.

4. To construct 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.

5. To construct stopbanks, spillway and dam 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.

6. To flood the areas of land described as “F” and “G” in the Second Schedule hereto when circumstances require such flooding but that the design of watercourses, stopbanks and spillway will within practical limits be such that flooding will be minimised.

7. To exercise the rights described herein to the extent the grantee shall determine but only to the extent necessary to serve the purpose of the work.

8. To regulate the use of any constructed watercourse and the construction and maintenance of crossings over such watercourse.

9. To prohibit the passing over any constructed watercourses except at appointed crossings.

10. To prevent any constructed watercourse 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.

11. To prohibit or regulate access to or the passing over or along any bank or dam or other work of any kind whatsoever, constructed or maintained by, or under the control of, the grantee.

12. To prohibit or regulate the use by the grantor of the land occupied by watercourses, stopbanks and spillway and dam 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, spillway or dam or any watercourse is maintained in a state of efficiency.

13. To prohibit the cultivation by the grantor of the land occupied by watercourses, stopbanks, spillway and dam any renewal of pasture on such land 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.

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

15. To prohibit the feeding out by the grantor on the land described in the Second Schedule of hay, ensilage or any other fodder for stock.

Second Schedule

South Auckland Land District

Area

m²

2253 Part Hoe-O-Tainui North 2B2 Block; marked “A” on plan.

5102 Part Hoe-O-Tainui North 2B2 Block; marked “G” on plan.

h.a

4.8559 Part Hoe-O-Tainui North 2B2 Block; marked “F” on plan.

As shown marked as above mentioned on S.O. Plan 51453, lodged in the office of the Chief Surveyor at Hamilton.