16 AUGUST 2007

NEW ZEALAND GAZETTE, No. 91

Second Schedule

Easement Acquired – 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, the modifications must prevail.

3. Any maintenance, repair or replacement of the easement facility(ies), 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 the grantor) must be carried out promptly by the grantor and at the grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the grantor must be in proportion to the amount attributable to the act or omission (with the balance payable in accordance with clause 11 of the Fourth Schedule to the Land Transfer Regulations 2002).

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

5. 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.

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

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

8. 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.

9. 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 9 shall operate as a waiver of the grantor’s rights or remedies if the grantee breaches any of the provisions of this instrument.

Dated at Christchurch this 3rd day of August 2007.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2005/10913)
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Canterbury Land District—Christchurch City

Schedule

Dated at Christchurch this 8th day of August 2007.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2007/12268)
ln5657

Road to be Stopped and Amalgamated—

39 Springfield Road, Christchurch City

Pursuant to sections 116(1), 117(3) and 120(3) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the portion of road described in the Schedule to this notice to be stopped and amalgamated with the land in Computer Freehold Register CB11A/126.

Canterbury Land District—Christchurch City
Schedule

Dated at Christchurch this 8th day of August 2007.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2006/11833)
ln5658

Land to be Declared Road—State Highway 1,

Seadown, Timaru District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice to be road which, pursuant to section 88(2) of the Transit New Zealand Act 1989, becomes road, limited access road and State highway and shall vest in the Crown on the date of publication of this notice in the New Zealand Gazette.

Canterbury Land District—Timaru District
Schedule
Land to be Declared Road

Dated at Christchurch this 9th day of August 2007.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2003/9170, CPC/2003/9165)
ln5678

Land Declared Road—Breton Close,

Christchurch City

Pursuant to section 114(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice to be road and vested in the Christchurch City Council on the date of publication of this notice in the New Zealand Gazette.

Road to be Stopped and Amalgamated—

Porika Road, Tasman District

Pursuant to sections 116 and 117 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 portions of road adjoining or