NEW ZEALAND GAZETTE

No. 10

such damage and incidental loss which may have been suffered by the Crown provided that the aforesaid limitation of liability to two thousand dollars to be borne by the Owners as aforesaid shall be adjusted upwards automatically on an annual basis by relating the same to movements in the General Consumer Prices Index (CPI) for New Zealand published from time to time by the New Zealand Department of Statistics to establish at any given time in the future the then value of the aforesaid sum of two thousand dollars ($2,000.00). Such adjustments shall be made on the basis of movements in the CPI for 12 month periods ending on the 31st day of March in each and every year the first such adjustment to be made for the year ending 31st day of March 1989.

8. The Crown shall have the right to erect and maintain such fixtures or markers as may be necessary to indicate the location of the pipeline provided that such fixtures or markers do not interfere with the reasonable management of the said land.

Dated at Auckland this 21st day of January 1992.

G. A. DAWSON, Manager, Lands and Property.
(DOSLI Ak. D.O. 25/32/5)

ICL

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A Water Supply Easement in Gross Acquired in Auckland City

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, declares that, an agreement to that effect having been entered into, the water supply easement in gross described in the First Schedule is hereby acquired over the land described in the Second Schedule and the said easement shall vest in perpetuity in The Auckland Regional Council for water supply purposes on the date of publication in the Gazette.

First Schedule

North Auckland Land District

Description of Easement

1. The full, free uninterrupted, and unrestricted right, liberty, and privilege for The Auckland Regional Council (hereinafter called “the council”) and its tenants from time to time and at all times to take, convey and lead water in a free and unimpeded flow (except when the flow is halted for any reasonable period necessary for essential repairs) and in any quantity, consistent with the rights of other persons having the same or similar rights, from the point of entry and following the course of the land described in the Second Schedule (hereinafter called “the easement land”) together with the following additional rights incidental thereto:

(a) To use any line of pipes laid or on the easement land or any pipe or pipes in addition, in replacement or in substitution for or of those pipes, provided however that nothing herein contained or implied shall be deemed to compel the council to convey water through the said pipes and mains and the council may from time to time discontinue the conveyance of water through the same at will.

(b) Where no such line of pipes exist to lay, place and maintain, or to have laid, placed and maintained, a line of pipes of a sufficient internal diameter and of suitable material for the purpose under the surface of the easement land.

2. In order to construct or maintain the efficiency of any such or pipe line, the full free uninterrupted and unrestricted right, liberty and privilege for the council, its tenants, servants, agents, and workmen, with any tools, implements, machinery, vehicles, or equipment of whatsoever nature necessary for the purpose, to enter onto the easement land and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining and renewing the pipe line or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the easement land and that the surface is restored as nearly as possible to the condition in which the land was in immediately prior to any works being undertaken and any other damage done by reason of the aforesaid operations is repaired.

3. The Auckland Area Health Board, the proprietor of the easement land, pursuant to an unregistered transfer from the Minister of Health dated the 23rd day of December 1990 and pursuant to section 7 (4) of the Area health Boards Act 1983 (together with its successors and assigns called “the owner”) shall not at any time on or over the said easement area on the easement land and without the prior written consent of the council:

(a) Place any buildings, erections or fences or permanent improvements of any nature;

(b) Do permit or suffer any act whereby the rights, powers licences and liberties hereby granted to the council may be interfered with or affected; or

(c) Do permit or suffer any act whereby the said water pipes may be interfered with or damaged;

(d) Provided however that nothing herein shall prevent the owner from planting trees, shrubs or other vegetation or carrying out any earthworks or otherwise landscaping or beautifying the easement land nor shall the owner be prevented from paving the easement land in a non-rigid material and utilising it for parking or motor vehicles, provided the owner has first obtained the council’s written approval as to the type of plants, earthworks and paving to be employed and provided such works do not interfere with any water pipe or prevent the council, its servants or agents from gaining ready access to the easement land.

4. Where the terms herein require the consent of the council to be obtained in respect of any matter herein referred to then the council shall not unreasonably or arbitrarily withhold such consent.

5. The council will:

(a) At all times repair and maintain such pipes and mains and associated works as may be constructed or laid through or under the said easement area on the easement land in pursuance of these presents in a good and efficient state of repair for the purposes of which the same are designed and will prevent the same from becoming a nuisance.

(b) Cause as little damage as possible to the surface of the easement land and repair and make good all damage caused by any such works to landscaping fences and drains in upon or around the easement land.

6. The rights and powers specified in the Seventh Schedule of the Land Transfer Act 1952 and implied in all registered easements by section 90b of the said Act, shall apply in respect of the water supply easement hereby created.

Second Schedule

North Auckland Land District

The Easement Land

63 square metres, being part Allotment 42, Section 1, Whau Township North; shown marked “A” on S.O. Plan 64379, lodged in the office of the Chief Surveyor at Auckland.

Dated at Auckland this 22nd day of January 1992.

G. A. DAWSON, Manager, Lands and Property.
(DOSLI Ak. D.O. S.O. 64379)

ICL

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