25 JUNE NEW ZEALAND GAZETTE 2189

W. G. KORVER, District Solicitor.
(DOSLI Hn. 36/10/1/9/0)
[ns5759]

Land and an Interest Over Land Acquired for Irrigation Purposes in Whangarei District

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, agreements to that effect having been entered into, the land described in the First Schedule, and a right to drain water over the land described in the Second Schedule, containing the rights and powers in the third and fifth paragraphs of the Land Transfer Act 1952 and as modified by the additional terms and conditions described in the Third Schedule are acquired, for irrigation purposes and shall vest in the Crown on the date of publication of this notice in the Gazette.

First Schedule

North Auckland Land District

Shown marked as above mentioned on S.O. Plan 65737, lodged in the office of the Chief Surveyor at Auckland.

Second Schedule

North Auckland Land District

285 square metres being part Lot 1, D.P. 95454; shown marked “G” on S.O. Plan 65737, lodged in the office of the Chief Surveyor at Auckland.

Third Schedule

North Auckland Land District

Additional Terms and Conditions

1. Carl Christian Cooper, pest destruction officer and Susan Joy Cooper, his wife, both of Whangarei (hereinafter together with their heirs, successors and assigns called “the owners”), are the grantors and Her Majesty the Queen (hereinafter together with her heirs, successors, officers and assigns called “the Crown”) is the grantee of the easement herein acquired for the purposes of the Maungatapere Irrigation Scheme.

2. The owners give the Crown full, free and unrestricted right to enter upon the land described in the Second Schedule with any necessary equipment and materials for the purpose of removing obstructive vegetation and debris in and around the water channel and establishing an erosion control system for the purpose of stabilising the channel.

3. The Crown shall have full, free and unrestricted right from time to time and at all times to enter upon the easement land with any necessary equipment and materials for the purpose of inspecting the land, removing obstructive vegetation and debris, and the undertaking of any works required for the general maintenance or repair of the erosion control system established in the operation of the above clause.

Dated at Auckland this 23rd day of June 1992.

G. A. DAWSON, Manager, Lands and Property.
(DOSLI Ak. D.O. 25/32/7)
[ns5785]

Declaring Easements Over Land in the Far North District

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, a water supply pipeline easement in gross vesting forever in Her Majesty the Queen and her heirs, successors and assigns the rights and powers set forth in the first, second and fifth paragraphs of the Seventh Schedule of the Land Transfer Act 1952 and as modified by the provisions contained in the Second Schedule over the land described in the First Schedule, is acquired for irrigation purposes, and shall vest in the Crown on the date of publication of this notice in the Gazette.

First Schedule

North Auckland Land District

Shown marked as above mentioned on S.O. Plan 56286 lodged in the office of the Chief Surveyor at Auckland.

Second Schedule

North Auckland Land District (Modifications to Easements)

1. Paul Martin James Kean of Kerikeri, orchardist and Caroline Kean, his wife (hereinafter together with their heirs, successors and assigns called “the owners”) are the grantors and Her Majesty the Queen (hereinafter together with her heirs, successors, officers and assigns called “the Crown”) is the grantee of the easement herein acquired for the purposes of the Kerikeri Irrigation Scheme.

2. If the aforementioned water supply pipeline is no longer required for the purposes of the Kerikeri Irrigation Scheme, such determination to be made at the sole discretion of the regional irrigation manager or his successor, the Crown will at the request of the owners release the owners from this agreement and discharge any compensation certificate or extinguish any easement registered against the owner’s certificate of title provided that no compensation will be payable to the Crown or the owners. Any easement agreed to be surrendered may be partially or fully surrendered by memorandum of transfer or notice published in the Gazette in accordance with section 42 (4) of the Public Works Act 1981.

3. The water supply pipeline has been constructed across Areas B and C on Plan S.O. 56286 and the easement shall apply to the land 2.5 metres either side of the centre line of the pipeline.

4. The boundaries of the easement shall not be fenced and the owners or occupiers of the land shall have the right to use the same (except for such use as may be reasonably held to interfere with the enjoyment of the Crown and its assigns as owner of the pipeline hereunder).

5. The Crown shall have the right of entry upon the easement land at any time with or without engineers and workmen and with or without any necessary vehicles, implements, tools, pipes and materials of any kind for the purpose of laying, maintaining, repairing, inspecting and from time to time renewing and opening up the land within the easement area as may be necessary for those purposes. Any further access must be by prior consent of the owners.

6. When the pipeline is above or below the surface of the ground it shall be placed so as to interfere as little as possible with ordinary cultivation as aforesaid of the said land and in so doing or in laying, maintaining, repairing, inspecting or renewing or removing the pipeline as little damage as possible shall be caused to the said land. Any such damage caused shall be made good by the Crown and the land shall be restored as near as reasonably practicable to the condition existing before.