3564 NEW ZEALAND GAZETTE, No. 136 6 DECEMBER 2007

Easement Acquired for the Tararu Creek Floodwall

—Tararu Road, Thames–Coromandel District

Pursuant to sections 20(1) and 28 of the Public Works Act
1981, and to a delegation from the Minister for Land
Information, Stephen Robert Gilbert, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the easement described
in the Second Schedule to this notice is acquired over

(a) the land of Daniel Scott and Yvonne Michelle
Baricevich (“the First Grantor”); and

(b) the land of Housing New Zealand Limited
(“the Second Grantor”) (the First Grantor and the
Second Grantor each to be known as “the Grantor”)
described in the First Schedule to this notice for the purposes
of the Tararu Creek Floodwall upon the terms and conditions
set out in the Third Schedule to this notice and shall vest in
the Waikato Regional Council (“the Grantee”) on the date of
publication of this notice in the New Zealand Gazette.

South Auckland Land District—Thames-Coromandel District

First Schedule

The First Grantor’s Land

Lot 1 DP S89780, being the land contained in Computer
Freehold Register SA71A/317.

The Second Grantor’s Land

Lot 3 DP S24556, being the land contained in Computer
Freehold Register SA22D/1463.

(The first and second grantor’s land together to be known
as “the Land”.)

Second Schedule

Easement to be Acquired

A Flood Wall easement in gross over those part of the Land
marked “A” and “O” on SO 373303 (“the Easement Land”).

Third Schedule

Terms and Conditions

Definitions

“Flood Wall” means the Flood Wall constructed on the
Easement Land and on such other land as shown on
SO 373303 and SO 376122 as a defence against the
flooding of Tararu Creek.

“Floodway” means the bed of Tararu Creek and such
adjoining land within the boundaries of the Flood Wall
shown on SO 373303 and SO 376122 that becomes
inundated by water as a result of heavy rain events.

Rights and Powers

A. The full free right liberty and authority in perpetuity
for the Grantee and its engineers, contractors, officers,
agents and workmen to do and carry out the following on
the Easement Land:

(a) To enter on the Easement Land by its engineers,
officers, agents and workmen to go, pass and repass
with or without machinery or vehicles over and
along the Easement Land at any time, and from time
to time.

(b) To delegate to any territorial authority as defined
in the Local Government Act 2002 that is a
catchment board, under the Soil Conservation and
Rivers Control Act 1941, or any successor thereto
the rights and powers conferred by this grant.

(c) To remain on the Easement Land and do all things
as are necessary to maintain grasses thereon, and
to inspect the state of the Flood Wall, and to
maintain the Flood Wall on the Easement Land in a
state of efficiency including repairing, altering or
reconstructing the Flood Wall.

(d) To plant, sow and maintain trees, shrubs, plants or
grasses on the Easement Land and to regulate
or prohibit interference with or the destruction
thereof.

(e) To prevent or regulate the pumping or releasing of
water into any open watercourse on the Easement
Land, or the overflow of artesian water.

(f) To regulate the use of any constructed open
watercourse on the Easement Land.

(g) To prescribe conditions on which other constructed
open watercourses may be connected or continue to
be connected with any constructed open watercourse
on the Easement Land.

(h) To regulate the construction and maintenance of
crossings over open watercourses on the Easement
Land.

(i) To prohibit the passing over any open watercourses
on the Easement Land except at appointed crossings.

(j) To prevent any open watercourse on the Easement
Land from being made wider or deeper that it is at
the time, whether by cleaning or otherwise or to
prevent the course thereof from being altered
without the consent of the Grantee.

(k) To prohibit or regulate access to, or the passing over,
under, through or along the Flood Wall or other
defence against water or other work of any kind
whatsoever constructed or maintained by or under
the control of the Grantee on the Easement Land.

(l) To prohibit or regulate the erection of any structure
or fences on the Easement Land.

(m) To prohibit or regulate the excavation of land on the
Easement Land.

(n) To prohibit or regulate the use of the Easement Land
by the Grantor and to require the Grantor to use the
Easement Land solely for the growing of shrubs,
plants or grasses and at all times to comply with the
directions of the Grantee in respect to the use of
easement land so that the Easement Land shall be
maintained and kept in such manner that any Flood
Wall or other defence against water or any water
course is maintained in a state of effectiveness.

(o) To regulate the cultivation of the Easement Land by
the Grantor with proper regard to the timing and
circumstances to prevent erosion of and avoid
deposits in water courses, and control floods.

(p) To prohibit the lighting of fires on the Easement
Land except under such circumstances and subject to
such limitations, conditions and restrictions as may
be prescribed by the Grantee.

(q) Generally to require the doing on or in respect of the
Easement Land of any act or thing which may be
likely to prevent or mitigate soil erosion or promote
soil conservation or the control of floods and to
prohibit the doing on or in respect of the Easement
Land of any act or thing which may be likely to
facilitate soil erosion or floods or in any way
damage or threaten the effectiveness of the Flood
Wall.

B. The Grantor must not:

(a) Construct any buildings, nor install any equipment,
fitting or fixture or excavate the Easement Land or
alter, remove or otherwise deal with the subsoil
or contours of the Easement Land without the prior
written permission of the Grantee.

(b) Carry out any works of any nature on the Land,
which in any manner affects the structural integrity
of the Flood Wall on the Easement Land.