22 JUNE NEW ZEALAND GAZETTE 1589

hereto, and an easement in gross for the right of pedestrian access as described in the Sixth Schedule hereto, is hereby acquired over the land described in the Seventh 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

250 square metres, situated in Block III, Waihi North Survey District, being part Lot 1, D.P. S. 75021; as shown marked “A” on S.O. Plan 59967, lodged in the office of the Chief Surveyor at Hamilton.

Second Schedule

South Auckland Land District

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, 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 pipeline is buried to a minimum depth of 600 mm below the surface of the land and the grantee shall ensure that any replacement pipeline is buried to a similar depth.

(4) The grantor shall not prevent or interfere with the free passage of water through the pipeline. Accordingly the grantor 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.

(5) 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 grantor.

(6) The grantee shall indemnify the grantor against any claim made against the grantor 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 grantor.

(7) In case of any difference or dispute as to any clause or 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 III, Waihi North Survey District, being parts of Lot 1, D.P. S. 75021; as shown marked “B”, “C” and “D” on S.O. Plan 59967, lodged in the office of the Chief Surveyor at Hamilton.

Fourth Schedule

South Auckland Land District

Description of Right of Way Easement

The easement grants the rights and powers implied in and attaching to a right of way as set out in the Seventh Schedule of the Land Transfer Act 1952, and the Ninth Schedule to the Property Law Act 1952, as if the same were fully set out herein.

Fifth Schedule

South Auckland Land District

Land Over Which Right of Way Easement is Acquired

All those pieces of land situated in Block III, Waihi North Survey District, being parts of Lot 1, D.P. S. 75021; as shown marked “F” and “G” on S.O. Plan 59967, lodged in the office of the Chief Surveyor at Hamilton.

Sixth Schedule

South Auckland Land District

Description of Right of Pedestrian Access Easement

The full free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee, his servants, tenants, agents, workmen, licensees, and invitees (in common with grantor, his tenants, and any other person lawfully entitled so to do) from time to time and at all times by day to go, pass and repass ON FOOT ONLY over and along the land over which the right of access is granted or created.

Seventh Schedule

South Auckland Land District

Land Acquired Over which Right of Pedestrian Access Easement is Acquired

All that piece of land situated in Block III, Waihi North Survey District, being part Lot 1, D.P. S. 75021; as shown marked “E” on S.O. Plan 59967, lodged in the office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 14th day of June 1995.

R. W. BARNABY, Assistant District Manager.
( DOSLI Hn. 98/10/0/96 )

Land Acquired for State Primary School, Levin, Horowhenua District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Wanganui, declares that, the land described in the Schedule to this notice is acquired for a State primary school and vested in the Crown.

Schedule

Wellington Land District

Dated at Wanganui this 19th day of June 1995.

B. P. BONISCH, District Solicitor.
(DOSLI Wg. 5350-C2020-970:696631)