3340 NEW ZEALAND GAZETTE, No. 140 24 SEPTEMBER 2009

Second Schedule

Easement to be Acquired

A right to drain stormwater in gross over that part of Lot 17 DP 361436; marked “A” on DP 422614 (“the Easement”).

Third Schedule

Rights and Powers

The following rights and powers and provisions are in addition to the rights and powers conferred on the Grantee under the Local Government Act 1974 and 2002.

The full, free and uninterrupted right, liberty and privilege forever hereinafter from time to time and at all times:

1.1 To drain stormwater in through and under the said land by means of the open stormwater channel and pipeline (hereinafter called “the stormwater channel”) laid through that part of the said land shown marked “A” on DP 422614 (hereinafter called “the stormwater easement area”).

1.2 To use the stormwater channel and any manholes attached thereto as public drains as specified in the Local Government Act 1974 and 2002 for such drainage purposes as the Grantee may require.

1.3 To dig up the soil on the said land within the stormwater easement areas to construct, repair, maintain, inspect, alter, enlarge or replace the stormwater channel or anything connected thereto.

1.4 To permit the Grantee’s officers, employees and contractors with or without vehicles, materials, plant or appliances to enter the said land along negotiated access routes to the stormwater easement area from time to time.

The Grantor hereby covenants with the Grantee that they will not at any time:

2.1 Do or permit to be done anything which may damage or obstruct the stormwater channel or which may prevent the Grantee from obtaining reasonable access to the stormwater channel.

2.2 Claim any compensation under any statute or regulation whatsoever.

The Grantee hereby covenants with the Grantor that the Grantee will:

3.1 At all times use reasonable care and skill when exercising the above rights and privileges.

3.2 Avoid causing any unnecessary damage to the said land and the stormwater easement area.

3.3 Avoid causing any unnecessary interference with the Grantor’s use or enjoyment of the said land.

3.4 Upon completion of the works hereby authorised, as soon as convenient restore the surface of the stormwater easement area to approximately the same state as it was in before the works were executed, such restoration to be to the reasonable satisfaction of the Grantor.

3.5 Give prior notice (at least 48 hours) and consult the Grantor before entering the said land for the execution of works except in the case of emergencies.

3.6 Sufficiently compensate the Grantor or rectify the damage caused to the Grantor’s land by any subsequent defect in the stormwater channel where such defect has not been caused by the Grantor nor by the Grantor’s lessees or invitees and the Grantor and its lessees and invitees are not responsible for such defects.

Dated at Wellington this 17th day of September 2009.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/2005/10762)

ln7925

Land Declared Road—State Highway 4, Old Parapara Road, Wanganui District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the land described in the Schedule to this notice to be road which, pursuant to section 5 of the Land Transport Management Act 2003, forms part of State Highway 4 and shall vest in the Crown on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Wanganui District

Schedule

Land Declared as Road

Dated at Wellington this 16th day of September 2009.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/2007/12377, CPC/2007/12369)

ln7929

Road Realignment—Matai Bay Road, Far North District

Pursuant to section 20 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, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and is vested in the Far North District Council on the date of publication of this notice in the New Zealand Gazette.

North Auckland Land District—Far North District

Schedule

Land Acquired for Road