2448 NEW ZEALAND GAZETTE, No. 89 29 MAY 2008

(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,
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 Auckland this 16th day of May 2008.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2006/11225)

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 Ralf Assmus and Michaela Assmus ("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 4 DP S24556, being the land contained in Computer
Freehold Register SA22D/1464 and Lot 2 DP S28784,
being the land contained in Computer Freehold Register
SA27B/744 ("the Land").

Second Schedule
Easement to be Acquired

A Flood Wall easement in gross over those parts of land
marked "N" and "P" 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.