13 AUGUST NEW ZEALAND GAZETTE 2783

Fourth Schedule

North Auckland Land District (Description of Water Supply Tunnel Easement)

1. The full, free uninterrupted, and unrestricted right, liberty, and privilege for the council from time to time and at all times in perpetuity 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 Fifth Schedule (hereinafter called “the easement land”) together with the following additional rights incidental thereto:

2. To use any tunnel or line of pipes laid in or on the said easement land or any tunnel or pipe or pipes in replacement or in substitution for the tunnel or all or any of those pipes.

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

4. In order to construct or maintain the efficiency of any such tunnel or pipe line, the full free uninterrupted and unrestricted right, liberty and privilege for the council, its servants, agents, and workmen, with any tools, implements, machinery, vehicles, or equipment of whatsoever nature necessary for the purpose, to enter upon the land over which the easement is granted and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining and renewing the tunnel or 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 its original condition and any other damage done by reason of the aforesaid operations is repaired.

5. The owners shall not at any time on or over the said easement area and without the prior written consent of the council:

   (a) Place any buildings, building additions, 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 tunnel may be interfered with or damaged;

   (d) Plant any tree or shrub where the depth of soil cover authorised by these presents is less than 5 metres.

   (e) 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.

6. That at the completion of the said works, the council, at its own cost, shall restore the surface of the said land disturbed by its operations pursuant to these presents as nearly as possible to its former condition or state as may be reasonably practicable.

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

Fifth Schedule

North Auckland Land District (Water Supply Tunnel Easement Land)

Shown marked as above mentioned on S.O. Plan 65005, and lodged in the office of the Chief Surveyor at Auckland.

Sixth Schedule

North Auckland Land District (Description of Drainage Easement)

1. The full, free uninterrupted, and unrestricted right, liberty and privilege for the council from time to time and at all times in perpetuity to drain and discharge water (whether rain, tempest, spring, soakage, or seepage water) in any quantities across the land described in the Seventh Schedule (hereinafter called “the easement land”) together with the following additional rights incidental thereto:

2. Pointways Pony Club Incorporated, an incorporated society under the Incorporated Societies Act 1908, (hereinafter together with their heirs, successors and assigns, called “the owners”) shall not at any time on or over the said easement area and without the prior written consent of the council:

   (a) Place any buildings, building additions, 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 drainage pipes may be interfered with or damaged;

3. The rights and powers specified in clause 5 of the Seventh Schedule of the Land Transfer Act 1952 and implied in all registered easements by section 90D of the said Act shall apply in respect of the drainage easement hereby created and it is acknowledged by the owner that where open drains are provided for, the council shall have similar rights in regard to such drains, with the necessary modifications as are provided for in respect of pipelines in the said clause 5.

Seventh Schedule

North Auckland Land District (Drainage Easement Land)

2869 square metres, being part Lot 1, D.P. 24865; shown marked “Y” on S.O. Plan 65005, lodged in the office of the Chief Surveyor at Auckland.

Dated at Auckland this 6th day of August 1992.

G. A. DAWSON, Manager, Lands and Property.

(DOSLI Ak. D.O.: S.O. 64499/65005)

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