29 MAY 2008

NEW ZEALAND GAZETTE, No. 89

Second Schedule

Easement to be Acquired

A Flood Wall easement in gross over that part of land marked "L" 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 any additional water, excepting existing natural runoff and stormwater, 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, except in relation to the release of existing natural runoff and stormwater.

(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 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.

(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;