1914

NEW ZEALAND GAZETTE, No. 80

19 MAY 2005

(i) Any maintenance, repair or replacement of the
easement facilities, whether on the servient
tenement or similar facilities of the grantee to
the easement(s) that is necessary because of any
act or omission by the grantor (which includes
agents, employees, contractors, subcontractors
and invitees of that grantor), must be carried out
promptly by that grantor and at that grantor’s
sole cost.

(ii) Where the act or omission is the partial cause
of the maintenance, repair or replacement, the
costs payable by that grantor responsible must
be in proportion to the amount attributable to
that act or omission (with the balance payable
in accordance with clause 11 of the Fourth
Schedule).

(f) The grantee may convey or discharge water in any
quantities.

(g) For the avoidance of doubt, the grantee’s rights
include the right to:

(i) drain and discharge water which overflows
from water reservoirs, storage facilities or
systems constructed on Section 1, SO 339005;

(ii) discharge and drain water onto parts of the
servient land, being the gully at the end of
the area marked "F" on SO 339005, for
dispersal, soakage or seepage therefrom.

(h) The easement right to convey water will, wherever
possible, follow fence lines and allow for
construction and maintenance by being three metres
wide. The easement facilities (other than the right of
way easement) running through the areas marked
"A", "B", "C" and "E" on SO 339005 and "A" on
DP 347161 shall be at least 600mm below the
surface of the land.

(i) The grantee shall:

(i) fully reinstate and maintain in safe order all
vehicle and pipeline easements;

(ii) metal the vehicle tracks to two-wheel-drive
standard; and

(iii) reinstate any gate, fences, water lines or
waterways crossed or involved to the grantor’s
approval.

(j) The grantee’s rights to the easement facility or
facilities under the easement’s right to convey water
and right to drain water are exclusive.

(k) Nothing contained or implied by this easement shall
be deemed to compel the grantee to convey sewage
or to drain water along the stipulated course.

(l) Any rights or immunities from liabilities, powers
and remedies which the grantee may have been
entitled to by virtue of statute or common law shall
not be affected by the easement and the grantee may
exercise any such other powers vested in it at
common law or by statute independently of these
grants of easements.

Dated in Auckland this 12th day of May 2005.

R. J. SUTHERLAND, for the Minister for Land Information.

(LINZ CPC/1998/1286/B)

ln2965

Amending a Notice Acquiring Land (Part, Surface Only) for Road—Anglesea Street, Hamilton City

Pursuant to section 55 of the Public Works Act 1981, and
to a delegation from the Minister for Land Information,
R. J. Sutherland, Land Information New Zealand, hereby
amends the notice dated the 15th day of December 2004,
acquiring land for road, published in the New Zealand
Gazette, 23 December 2004, No. 175, page 4418, by
substituting the Schedule with the following:

"Schedule

of 500 square metres (part Computer Freehold
Register SA54C/199)."

Dated at Auckland this 6th day of May 2005.

R. J. SUTHERLAND, for the Minister for Land Information.

(LINZ CPC/2004/10209)

ln2956

Land Acquired for Road—State Highway No. 2,

White Pine Bush, Hastings District

Pursuant to section 20 (1) of the Public Works Act 1981,
and to a delegation from the Minister for Land Information,
R. J. Sutherland, Land Information New Zealand, declares
that, an agreement to that effect having been entered into,
the land described in the Schedule to this notice is acquired
for road which, pursuant to section 60 of the Transit
New Zealand Act 1989, shall form part of State Highway
No. 2 and shall vest in the Crown on the date of publication
of this notice in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

Schedule

Land Acquired as Road

Dated at Auckland this 12th day of May 2005.

R. J. SUTHERLAND, for the Minister for Land Information.

(LINZ CPC/1998/1762)

ln3107

Land Set Apart for Education Purposes—Warea Primary School and Residence, Warea

Pursuant to section 52 (1) of the Public Works Act 1981,
and to a delegation from the Minister for Land Information,
R. J. Sutherland, Land Information New Zealand, declares
the land described in the Schedule to this notice to be set
apart for education purposes and to remain vested in the
Crown.