18 SEPTEMBER 2008 NEW ZEALAND GAZETTE, No. 141 3849

North Auckland Land District—Whangarei District

First Schedule
Land Declared as Road

Second Schedule
Road to be Stopped and Amalgamated

Third Schedule
Road to be Stopped and Amalgamated

Dated at Auckland this 29th day of September 2008.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10915)
ln6920

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, R. J. Sutherland, 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 the land of Nancy Faye Pomfrett (“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 Grantor’s Land
Lot 2 DP S9382, being the land contained in Computer Freehold Register SA6C/734 (“the Land”).

Second Schedule
Easement to be Acquired
A Flood Wall easement in gross over that part of land; marked “G” 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 76122 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 following prior consultation with the Grantor on the work proposed, 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. Such prior consultation shall not be required in the event of an extreme emergency.

(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 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 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 than 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 of 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.