1792
NEW ZEALAND GAZETTE
No. 67

Area
ha
1.2287 Tiroa D2 and Te Hape A; marked “S” on S.O.
Plan 58855.

As shown marked on the plans as above mentioned and
lodged in the office of the Chief Surveyor at Hamilton.

Third Schedule

South Auckland Land District

5544 square metres, situated in Block I, Hurakia Survey
District, being part Tiroa D2; as shown marked “P” on
S.O. Plan 58853, lodged in the office of the Chief Surveyor
at Hamilton.

Dated at Hamilton this 28th day of June 1995.

R. W. BARNABY, Assistant District Manager.

(DOSLI Hn. 72/30/2B/03/17)

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Easements in Gross 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, Department of Survey and Land
Information, Hamilton, declares that, an agreement
between John Daniel Norton Deverill and Beryl Noelene
Enid Deverill, both of Waihi, farmer and his wife,
(hereinafter called “the grantors”), and The Western Bay
of Plenty District Council (hereinafter called “the
grantee”), to that effect having been entered into, an
easement in gross for the right to convey water as described
in the First Schedule hereto, is hereby acquired over the
land described in the Third Schedule hereto, and an
easement in gross for the right to convey electrical power
as described in the Second Schedule hereto is hereby
acquired over the land described in the Third Schedule
hereto, and further declares that the said easements shall
vest in The Western Bay of Plenty District Council on the
date of publication hereof in the New Zealand Gazette.

First Schedule

Description of Right to Convey Water Easement

The easement grants the rights and powers implied in and
attaching to the right to convey water as set out in clauses 2
and 5 in the Seventh Schedule of the Land Transfer Act
1952, as if the same were fully set out herein.

Second Schedule

Description of Right to Convey Electrical Power
Easement

1. The full, free and unrestricted right, liberty and privilege
   for the grantee from time to time and at all times hereafter
   to convey and transmit electric power and energy through,
   under and along the easement strip by means of an
   underground cable or cables now or hereafter to be laid and
   any cable or cables laid in substitution therefor.

2. The grantee by means of its servants, agents, contractors
   and workmen may enter upon the easement strip at any
   time by night as well as by day with or without vehicles,
   plant, equipment and implements for the purposes of
   inspection, maintenance, installation, repair and/or
   replacement of the said underground cable or cables or any
   associated equipment or fittings of the grantee so that the
   same may at all times be kept in good and efficient working
   order.

3. The grantee may dig up and excavate the easement strip
   for all or any of the said purposes provided always that all
   work shall be carried out expeditiously and on completion
   the surface of any land affected will forthwith be restored
   as nearly as possible to its former state and conditions at
   the sole cost and expense of the grantee.

4. In exercise of the rights hereby granted the grantee will
   not unduly interfere with any other lawful user of the
   easement strip and will except in case of emergency give
   reasonable notice to the grantors of the grantee’s intention
   to carry out any works authorised hereby.

5. That the grantee shall at all times indemnify and keep
   indemnified the grantors against all liability and possible
   risk arising out of the grantee’s exercise of the rights
   hereby granted.

6. The grantors will not do nor permit to be done
   any act matter or thing whereby the grantee’s rights
   hereunder or any of the said cables equipment or fittings
   may be interfered with or affected and in particular the
   grantors will not place or plant nor permit to be placed or
   planted on the easement strip any building, structure, tree
   or shrub save as may be agreed between the grantors and
   the grantee.

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 and every such
   arbitration shall be deemed to be a reference to arbitration
   under the Arbitration Act 1908 and any then subsisting
   amendment thereto or re-enactment thereof.

Third Schedule

South Auckland Land District

Land Over Which Easements are Acquired

All that piece of land situated in Block III, Waihi North
Survey District, being part of Lot 2, D.P.S. 31407; as
shown marked “E” on S.O. Plan 59967, lodged in the
office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 28th day of June 1995.

R. W. BARNABY, Assistant District Manager.

(DOSLI Hn. 98/10/0/97)

In4405

Land Declared Road (State Highway No. 30) in
Whakatane District

Pursuant to section 114 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 the land described in the
Schedule hereto to be road and vested in the Crown.

Schedule

South Auckland Land District

481 square metres, situated in Block V, Rangitaiki Upper
Survey District, being part Allotment 1269, Matata Parish;
as shown marked “G” on S.O. Plan 55929, lodged in the
office of the Chief Surveyor at Hamilton.

Dated at Hamilton this 28th day of June 1995.

R. W. BARNABY, Assistant District Manager.

(DOSLI Hn. 72/30/3B/06/5/13)

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