2318

NEW ZEALAND GAZETTE

New Zealand, declares that, an agreement to that effect
having been entered into, the land described in the First
Schedule is acquired for local purpose reserve (water
supply) together with the easements set out in the Second
Schedule, subject to the existing easements contained in
Transfers B. 228003 and B. 214795, on the terms and
conditions described in the Third Schedule and all shall vest
in the Tauranga District Council on the date of publication
of this notice in the New Zealand Gazette.

South Auckland Land Registry—Tauranga District Council

First Schedule

Land Acquired for Local Purpose Reserve (Water Supply)

Second Schedule

Easements Acquired

Third Schedule

Terms and Conditions of Easements

1. The easements shall be forever appurtenant to the land described in the First Schedule.

2. The “Right of Way” easement shall, except when inconsistent with the terms contained and implied by the memorandum of agreement between the council and Garrick Leslie Dowdle and Robyn Cathrin Dowdle dated 1 August 2001 (“the agreement”), be on the terms contained and implied in the Seventh Schedule of the Land Transfer Act 1952, or any amendments thereto, under the headings “Right of Way” and “Additional Rights Attaching to Easements of a Right of Way” of the Ninth Schedule of the Property Law Act 1952.

3. The “Right to Drain Water” easement shall, except when inconsistent with the terms contained and implied by “the agreement”:

   (a) be on the terms contained or implied in the Seventh Schedule of the Land Transfer Act 1952, or any amendments thereto, under the headings “Right to Drain Water” and “Additional Rights Attaching to Easements of Right to Drain Water”, provided that any pipes shall be laid underground;

   (b) for the avoidance of doubt, include the right to discharge and drain water on to the land being the gully at the northern end of area “H” for dispersal, soakage or seepage there from;

   (c) include the right to drain and discharge water, which overflows from water reservoirs, storage facilities or systems constructed on the land, described in the First Schedule hereto;

   (d) be carried out in such a manner as not to cause any damage or erosion to the land beyond what might naturally occur.

4. The “Right to Convey Water” easement shall, except when inconsistent with the terms contained and implied by “the agreement”, be on the terms contained and implied in the Seventh Schedule of the Land Transfer Act 1952, or any amendments thereto, under the headings “Right to Convey Water” and “Additional Rights Attaching to Easements of Right to Convey Water” provided that any pipes shall be laid underground.

5. The council shall have full power and authority to lay, construct, alter, cleanse, extend, repair, maintain, remove and replace any drains, pipes, concrete or other conduits, manholes, valves, surface boxes or other plant and water systems (“the works”) to enable it to perform the easements provided that the council shall at all times ensure that the works in place are adequate to cater for its drainage requirements from time to time and provided that the works relating to the water and drainage easements shall be laid underground.

6. The council shall have full power and authority for itself, its surveyors, engineers, workmen, agents and servants with or without any drain diggers, vehicles and machinery from time to time and at all times to enter and remain on the land for any purpose necessary to carry out the terms of the easement.

7. The council may from time to time dig up to any depth and again fill in the soil of the right of way line, the drainage line and the water line to enable it to complete the works.

8. (a) Maintenance and the cost of maintenance in respect to the “Right of Way” easement shall be determined in accordance with the Ninth Schedule of the Property Law Act 1952.

   (b) The council shall, together with any other users of the water and water drainage easements, share the repair and maintenance of the works and water and water drainage. The cost of carrying out any repair and maintenance shall be borne by the users of the easements according to their share of usage, provided that the council will maintain at its cost any works solely for its purposes.

   In carrying out any works or repairs and maintenance, the council will cause as little disturbance to the surface of the right of way line, the drainage line and the water line as reasonably possible and will immediately upon completion of any such work restore the surface of the right of way line, the drainage line and water line as nearly as possible to its original condition.

9. The council will repair any damage to fences, drains or other improvements in the vicinity of the land caused by the council carrying out the works.

10. The owner shall not place any buildings, erect fences or other permanent structures on the right of way line, the drainage line and the water line without prior consent of the council, and will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted may be interfered with or affected.

11. Nothing contained or implied by this easement shall be deemed to compel the council to drain or convey water along the drainage line or water line.

12. Any rights, powers or remedies which the council may have or be entitled to by virtue of statute or at common