1926

NEW ZEALAND GAZETTE No. 73

1.5 “Easement land” means that part of the servient land which is marked “K” on S.O. Plan 302575 and is described in the Third Schedule hereto.

Easement Terms

2. The grantee shall have the full free right, liberty and licence for all time hereafter for their engineers, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times:

   2.1 to lay and maintain a line, lines or works in and under the soil of the easement land or as the case may be erect, construct and maintain a line, lines or works on and over the easement land;

   2.2 to enter and remain upon the servient land for the purposes of laying, maintaining, inspecting, repairing, renewing, replacing or altering the line, lines or works as the case may be and opening up the soil of the easement land and making any cuttings, fillings, grades, batters or trenches, and reopen the same and generally to do and perform such acts or things upon the easement land as may be necessary to enable the grantee to receive the full free use and enjoyment of the rights and privileges granted herein;

   2.3 to use the line, lines or works for the purpose to convey water without interruption or impediment.

3. In laying, maintaining, inspecting, repairing, replacing or altering a line, lines or works over or under the easement land, the grantee shall:

   3.1 give to the grantor reasonable notice of the grantee’s intention to enter the servient land (but at any time and without notice in the case of emergency);

   3.2 make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and

   3.3 at the sole expense of the grantee, restore the surface of the easement land as nearly as possible to its former condition and consolidated to its former level in a good workmanlike standard.

4. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land.

5. The ownership of a line, lines and works installed in, over or under the easement land from time to time by the grantee shall at all times remain vested in the grantee and no person shall have any interest in such line, lines or works by reason only of having an interest or an estate in the land.

Disputes

6. Any dispute arising out of or in connection with the rights created by this easement shall be resolved by arbitration under the Arbitration Act 1996 and its amendments or any enactment passed in substitution. The arbitrator shall decide the dispute according to the substantive law of New Zealand.

Seventh Schedule

Terms and Conditions

Definitions

1. In this Profit A Prendre unless the context otherwise requires:

   1.1 “Grantor” means Mackenzie District Council and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.2 “Grantee” means part Run 344 contained in CIR CB529/21 and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.3 The “land” means that area of the servient land which is marked “E” on S.O. Plan 302575 and is described in the Fourth Schedule hereto.

Profit A Prendre Terms

2. The grantee’s future use of the land shall be restricted for use as a gravel borrow area.

3. The grantee will only use the land for the purposes of taking gravel for roading requirements on CIR CB529/21.

4. Gravel will not be extracted to a depth of greater than 1.5 metres from the existing surface level or to a depth of less than 0.5 metres above the water table at the time of extraction.

5. Extraction is to be by methods that eliminate any pond formation which would allow contaminants to enter the ground water system directly.

6. No fuel, oil or other contaminants are to be stored or left on the land at any time.

7. The grantee shall be entitled to extract up to 5 cubic metres of shingle from the land at any one time without notice to the grantor but the grantor is to be given a minimum of seven days’ notice of an intention to extract gravel of any greater quantity from the site at any one time.

8. The grantee to be responsible for obtaining any resource or other consents required for gravel extraction.

9. Extraction methods are not to leave the site more susceptible to flooding by the river and must not result in flood waters being diverted away from existing natural water courses.

Dated at Wellington this 14th day of June 2002.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/99/3829)

Reserves Act 1977

Notice of Acquisition of Land and Classification of a Reserve

Under the Reserves Act 1977, the Community Relations Manager for the Bay of Plenty Conservancy of the Department of Conservation gives notice that an estate of leasehold in the land described in the Schedule has been acquired as a reserve for the term of the lease, expiring on 1 December 2052, and classifies the reserve as a government purpose (wildlife management) reserve.

Schedule

South Auckland Land District—Rotorua District

192.1468 hectares, situated in Block XII, Horohoro Survey District, and Block IX, Tarawera Survey District, being part Kapenga M Block ML 20819; shown marked “A”, “B” and “C” on S.O. Plan 61819.

Dated at Rotorua this 10th day of June 2002.

S. A. CAMPBELL.

(DOC file: WET 014)