6 DECEMBER 2007

NEW ZEALAND GAZETTE, No. 136

(c) Stockpile or fill with or permit the stockpiling of or
filling with soil, sand, gravel or other substance
or materials, or construct or permit the construction
of any roads, dam walls or other earthworks on the
Easement Land, which would in any way cause
the soil or the Flood Wall to subside or the
Floodway to be obstructed.

(d) Plant, establish, or allow to become established any
cultivated or natural vegetation, including trees or
shrubs, which may at any time damage or adversely
affect the Easement Land or use thereof.

(e) Allow, do or permit to be done anything upon the
Land, by which the Easement Land or the Flood
Wall on the Easement Land shall be in any way
damaged or rendered unstable or unsafe.

C. (a) The parties acknowledge that swinging gates have
been installed on the Flood Wall on the easement
land facing towards Tararu Creek Road. When
opened, the swinging gates allow the ingress
and egress over and through the Easement Land by
the Grantor (together with the Grantor’s invitees,
licensees, agents, contractors, employees and any
other person lawfully authorised by the Grantor
to do) to and from the Land, and from and to
Tararu Creek Road.

(b) The Grantor must ensure that the swinging gates
remain securely closed at the following times:

(i) During any periods of absence from the Land;

(ii) during periods of heavy rain and in particular
heavy rain occurring during the hours of
darkness; and/or

(iii) when the water level is within 300mm of the
top edge of the channel within the Floodway, or
within such distance from the top edge of the
channel as may be notified by the Grantee to
the Grantor from time to time; or

(iv) when otherwise directed to do so by the
grantee or by any authorised representative of
the Grantee.

(c) In the event that the Grantor fails to close the
gates in accordance with clause C(b), the Grantee
(including any authorised representative of the
Grantee) may enter the Land and close the swinging
gates for such period of time as the Grantee deems
necessary to prevent flooding or the risk of flooding.

(d) In the event of serious illness or injury requiring
urgent medical assistance, the Grantor may open the
swinging gates temporarily if required and if in
the circumstances the opening of the swinging gates
is practicable, but the Grantor must immediately
notify the Grantee.

(e) The Grantor must not damage the swinging gates or
otherwise do anything to them that would affect the
ability of the swinging gates, when closed, to act as
a defence against floodwater.

(f) The Grantee shall be responsible for the
maintenance of the swinging gates as a defence
against floodwater, provided that the Grantor must
immediately notify the Grantee of any damage to the
swinging gates, howsoever caused.

(g) The Grantor acknowledges that during the periods
when the Grantor is required to keep the swinging
gates closed, the Grantor will not be able to obtain
vehicular or pedestrian access to Tararu Creek Road
or access to the Land from Tararu Creek Road.

(h) The Grantor shall not be entitled to claim any
compensation from the Grantee during any periods
when access to and from the Land is prevented,

3565

whether as a result of the requirement to keep
the gates closed, or as a result of the presence of
floodwaters or flood debris.

D. All references to the Grantor shall include their
successors in title.

Dated at Christchurch this 27th day of November 2007.

S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2006/11225)

ln8407

Amending a Notice Realigning a Road—State Highway 1, Mercer–Long Swamp, Meremere, Waikato District

Pursuant to section 55 of the Public Works Act 1981, and
to a delegation from the Minister for Land Information,
Stephen Robert Gilbert, Land Information New Zealand,
hereby amends the notice realigning a road dated the 20th
day of August 2007 and published in the New Zealand
Gazette, 30 August 2007, No. 96, page 2568, by deleting the
First, Second, Third and Fourth Schedules and replacing
them with the following Schedules.

First Schedule

Land Declared Road and State Highway

SO 389290 (part Gazette Notice B579444.1 –
New Zealand Gazette, 18 November 1999,
No. 173, page 4116). |
| 2.3040 | Part Lot 3 DP S39462; shown as Section 10 on
SO 396894 (part Gazette Notice B579444.1 –
New Zealand Gazette, 18 November 1999,
No. 173, page 4116). |

Second Schedule

Land Set Apart for Use in Connection With a Road (Segregation Strip)

SO 389290 (part Gazette Notice B579444.1 –
New Zealand Gazette, 18 November 1999,
No. 173, page 4116). |
| 149 | Part Lot 3 DP S39462; shown as Section 6 on
SO 389290 (part Gazette Notice B579444.1 –
New Zealand Gazette, 18 November 1999,
No. 173, page 4116). |
| 46 | Part Lot 3 DP S39462; shown as Section 3 on
SO 396894 (part Gazette Notice B579444.1 –
New Zealand Gazette, 18 November 1999,
No. 173, page 4116). |

Third Schedule

Road to be Stopped and Amalgamated

Fourth Schedule

Road Stopped and Set Apart for Use in Connection With a Road (Segregation Strip)