11 MAY NEW ZEALAND GAZETTE 1167

R. W. BARNABY, Assistant District Manager.
(DOSLI) Hn. 98/9/0/37)
ln30(51)

Amending a Notice Acquiring Land for Granting as Compensation in Thames-Coromandel District

Pursuant to section 55 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Assistant District Manager, Department of Survey and Land Information, Hamilton, hereby amends the notice dated the 31st day of January 1995, published in the New Zealand Gazette of 2 February 1995, No. 8 at page 328 under the heading Land Acquired for Granting as Compensation in Thames-Coromandel District by deleting from the Schedule the letter “G” and substituting the letter “H”.

Dated at Hamilton this 2nd day of May 1995.

R. W. BARNABY, Assistant District Manager.
(DOSLI Hn. 96/092000/4/0/432)
ln30(51)

Land in Hamilton City Acquired for Road

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Assistant District Manager, Department of Survey and Land Information, Hamilton, declares that, agreements to that effect having been entered into, the land described in the Schedule hereto, is hereby acquired for road and shall vest in The Hamilton City Council on the date of publication hereof in the New Zealand Gazette.

First Schedule

South Auckland Land District

124 Part Lot 1, D.P. S. 4553; marked “A” on plan.
142 Part Lot 2, D.P. S. 4553; marked “B” on plan.

Situated in Block XIII, Komakorau Survey District.
As shown marked as above mentioned on S.O. Plan 59969, lodged in the office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 26th day of April 1995.

R. W. BARNABY, Assistant District Manager.
(DOSLI Hn. 43/1/0/120)
ln30(52)

Land and Easements Acquired for Water Reticulation Purposes in Western Bay of Plenty 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 an agreement between Donald Leslie Sinclair Taylor and Judith Anne Taylor, both of Te Puke, farmers, (hereinafter called “the grantors”) and The Western Bay of Plenty District Council (hereinafter called “the grantee”) to that effect having been entered into, the land described in the First Schedule hereto is hereby acquired for water reticulation purposes; the right to convey water by easement in perpetuity described in the Second Schedule hereto (being appurtenant to the land described in the First Schedule hereto) is hereby acquired in connection with water reticulation purposes over the land described in the Third Schedule hereto, and the right of way easement in perpetuity described in the Fourth Schedule hereto (being appurtenant to the land described in the First Schedule hereto) is hereby acquired in connection with water reticulation purposes over the land described in the Fifth Schedule hereto; and further declares that the said land and easements shall vest in The Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette.

First Schedule

South Auckland Land District

Land Acquired for Water Reticulation Purposes

3920 square metres, situated in Block VI, Maketu Survey District, being part Section 8, Waikari Settlement; as shown marked “A” on S.O. Plan 60004, lodged in the office of the Chief Surveyor at Hamilton.

Second Schedule

Description of Right to Convey Water Easement

(1) Except as varied herein the rights and powers implied in and attaching to the right to convey water as set out in the Seventh Schedule of the Land Transfer Act 1952, shall apply as if the same were fully set out herein.

(2) The grantee during the continuation of these rights will keep the pipeline in proper order and condition.

(3) The grantors shall not prevent or interfere with the free passage of water through the pipeline. Accordingly the grantors will not erect or permit to be erected any buildings or structure or plant or permit the planting of shrubs or the erection of fences within the easement area.

(4) If the grantee no longer requires the pipeline then it shall at its expense surrender these rights. In that event it may at its option remove the pipeline or any part and make good any damage resulting from such removal but should the grantee not remove the pipeline within a reasonable time then it shall become the property of the grantors.

(5) The grantee shall indemnify the grantors against any claim made against the grantors in respect of any damage resulting from the grant or exercise of the within rights except where such damage results from a negligent or wilful act or omission of the grantors.

(6) The grantee shall consult with the grantors concerning any major works required to be carried out along the easement area and will, where possible, carry out such work at a time and in a manner so as to cause as little disruption as possible to the grantors’ farming operations.

(7) In case of any difference or dispute as to any clause matter or thing herein contained or implied or as to the construction thereof or in respect of the rights or liabilities of the parties hereunder the same shall be decided by a single arbitrator should the parties agree upon one otherwise by the arbitration of two disinterested persons one to be appointed by each party or by their umpire chosen by the arbitrators before reference to them of the difference or dispute and if either party shall neglect to appoint an arbitrator or shall appoint an arbitrator who shall refuse to act then the arbitrator appointed by the other party shall proceed to final decision alone under the Arbitration Act 1908 and any then subsisting amendment thereto or re-enactment thereof.

Third Schedule

South Auckland Land District

Land Over Which Right to Convey Water Easement is Acquired

All those pieces of land situated in Block VI, Maketu Survey District, being parts of Section 8, Waikari Settlement; as shown marked “B”, “C”, “D” and “E” on S.O. Plan 60004, lodged in the office of the Chief Surveyor at Hamilton.