NEW ZEALAND GAZETTE, No. 172

14 DECEMBER 2006

Public Works Act 1981

Land Acquired for Water Supply Purposes—

Ruakaka, Whangarei

Pursuant to section 20 of the Public Works Act 1981, and to
a delegation from the Minister for Land Information, Ronald
Alistair Jolly, Land Information New Zealand, declares that,
agreements to that effect having been entered into, the land
described in the Schedule to this notice is hereby acquired
for water supply purposes and will vest in the Whangarei
District Council on the date of publication of this notice in
the New Zealand Gazette.

North Auckland Land District—Whangarei District

Schedule

Land Acquired for Water Supply Purposes

Dated at Wellington this 7th day of December 2006.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10915)

ln8715

Land Declared Road, Severance and Easement—

Western Avenue, Western Bay of Plenty District

Pursuant to the Public Works Act 1981, and to a delegation
from the Minister for Land Information, Ronald Alistair
Jolly, Land Information New Zealand:

(a) Pursuant to section 114, declares that, an agreement
to that effect having been entered into, the land described in
the First Schedule to this notice is hereby acquired for road
and shall vest in the Western Bay Plenty District Council;

(b) Declares the land described in the Second Schedule
to this notice to be taken, under section 119, and shall vest
in the Western Bay Plenty District Council, subject to
rights to drain water over parts marked "A" and "B" on
DP S65196, specified in H420019.2; appurtenant hereto is
a right to drain water specified in H420019.2; H420019.2
which is subject to section 309 (1) (a) of the Local
Government Act 1974;

(c) Pursuant to sections 20 and 28, declares that, an
agreement to that effect having been entered into, a right to
drain water and sewage in gross, with the rights and powers
contained in Schedule 4 of the Land Transfer Regulations
2002, together with following variations, is hereby acquired
over the land described in the Third Schedule to this notice
and shall vest in the Western Bay of Plenty District Council
("the grantee")
on the date of publication of this notice in the New Zealand
Gazette.

South Auckland Land District—Western Bay of Plenty District

First Schedule

Land Declared Road

Second Schedule

Severance

Third Schedule

Easement Acquired for Right to Drain Water and Sewage in Gross

Rights and Powers Varied and Added

1. Any terms used in this easement that are defined in
   the Land Transfer Regulations 2002 shall take those
   meanings.

2. Where there is a conflict between the provisions of the
   Fourth Schedule to the Land Transfer Regulations 2002
   and the modifications in this easement instrument, the
   modifications must prevail.

3. The grantee shall alone determine both the nature of the
   easement facility and where, how and when it is to be
   laid along the stipulated course or in the stipulated area
   and the agreement of the grantor is not required to any
   of these.

4. No breach of the terms of this easement by the grantee
   shall entitle the grantor to cancel or revoke this easement.

5. The grantee is not compelled to drain water or sewage
   along the stipulated course or in the stipulated area.

6. Any rights or immunities from liability or powers or
   remedies which the grantee may have by statute or at
   common law are not affected by this grant and the
   grantee shall have those rights or immunities and may
   exercise those powers or remedies independently of
   this grant.

7. The exercise of any rights or powers conferred on the
   grantee by this instrument shall not entitle the grantor
   to the payment of compensation under the provisions
   of any enactment or at law but nothing in this Clause
   7 shall operate as a waiver of the grantor’s rights or
   remedies if the grantee breaches any of the provisions
   of this instrument.

8. The words "from the dominant land" are deleted from
   clause 4 (1) in Schedule 4 of the above Regulations.

9. The grantor covenants with the grantee not to place any
   buildings, erect fences or other permanent structures
   on the stipulated course without the prior consent of the
   grantee and the grantor will not at any time commit or
   suffer any acts whereby the rights, powers, licences and
   liberties hereby granted to the grantee may be interfered
   with or affected.

10. The maintenance provisions in the Fourth Schedule to
    the Land Regulations 2002 are modified by adding the
    following:

Any maintenance, repair or replacement of the
easement facilities whether on the servient tenement
or similar facilities of the grantee connected 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.