2774 NEW ZEALAND GAZETTE, No. 102 20 SEPTEMBER 2007

South Auckland Land District—Tauranga City Council

Schedule

Easement Acquired—Right to Convey Water in Gross

| Area
| m² |
|------|
| Description |

32 Part Lot 163 DP S21746; marked “B” on
DP 387392 (part Computer Freehold Register
SA20B/918).

35 Part Lot 164 DP S21746; marked “C” on
DP 387392 (part Computer Freehold Register
SA20B/919).

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. Reference in clause 3(1) of the Fourth Schedule of the above Regulations to the dominant land shall be deleted for the purpose of this easement instrument.

4. 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.

5. The maintenance provisions in the Fourth Schedule to the Land Transfer 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 and at that grantor’s sole cost. 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 to the Land Transfer Regulations 2002).

6. The grantee may convey water in any quantities.

7. The grantee’s rights to the easement facility or facilities under this easement are exclusive.

8. Nothing contained or implied by this easement shall be deemed to compel the grantee to convey water along the stipulated course.

9. Any rights or immunities from liabilities, powers and remedies which the grantee may have or be entitled to by virtue of statute or at 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 at Wellington this 3rd day of September 2007.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10907)

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Road Stopped and Amalgamated—

Levers Road, Tauranga

Pursuant to sections 116 and 117 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the portion of road adjoining or passing through the land described in the Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land held in Computer Freehold Register SA7D/1339.

South Auckland Land District—Tauranga City

Schedule

| Area
| m² |
|------|
| Description |

195 Lot 7 DP S11879; shown as Lot 8 on DP S11879.

Dated at Wellington this 3rd day of September 2007.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10907)

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Land Acquired for Road—8 Girven Road,

Mt Maunganui

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, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in the Tauranga City Council on the date of publication of this notice in the New Zealand Gazette.

South Auckland Land District—Tauranga City

Schedule

| Area
| m² |
|------|
| Description |

57 Part Lot 147 DP S21479; shown as Section 1 on SO 348826 (part Computer Freehold Register SA19D/1325).

Dated at Wellington this 6th day of September 2007.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10907)

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Road Legalisation—Coast Road, Evansdale,

Dunedin City

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the land described in the Schedule to this notice to be road vested in the Dunedin City Council on the date of publication of this notice in the New Zealand Gazette.

Otago Land District—Dunedin City

Schedule

| Area
| m² |
|------|
| Description |

195 Part Closed Road Block II North Harbour and Blueskin Survey District; shown as Section 1 on SO 17143 (Crown Land – part Proclamation 7563).

Dated at Wellington this 13th day of September 2007.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10884)

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