7 MAY 2009 NEW ZEALAND GAZETTE, No. 62

Land Transfer Regulations 2002, together with following variations in the Fourth Schedule, is hereby acquired over the land described in the Third Schedule to this notice; and shall vest in the Western Bay of Plenty District Council ("the council") on the date of publication of this notice in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District Council

First Schedule

Easement Acquired for a Right to Convey Water in Gross

Second Schedule

Easement Acquired for a Right of Way in Gross

Third Schedule

Easement Acquired for a Right to Convey Water and a Right to Store Water in Gross

Fourth Schedule

Rights and Powers Varied and Added

1. The council’s rights to the easement facilities are exclusive.
2. The council shall alone determine both the nature of the easement facilities and where, how and when it is to be laid along the stipulated course or in the stipulated area and the agreement of the owner is not required to any of these.
3. The words “to the dominant land” are deleted from clause 3(1) in Schedule 4 of the Land Transfer Regulations 2002.
4. No breach of the terms of this easement by the council shall entitle the owner to cancel or revoke this easement.
5. The council is not compelled to convey or store water along the stipulated course or in the stipulated area.
6. Any rights or immunities from liability or powers or remedies which the council may have by statute or at common law are not affected by this grant and the council shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
7. Any maintenance, repair or replacement of the easement facilities, whether on the servient tenement or similar facilities of the council connected to the easement, that is necessary because of any act or omission by the owner (which includes agents, employees, contractors, subcontractors and invitees of the owner) must be carried out promptly by the owner at the owner's sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the owner must be in proportion to the amount attributable to the act or omission (with the balance payable in accordance with clause 11 of Schedule 4 to the Land Transfer Regulations 2002).
8. The exercise of any rights or powers conferred on the council by this instrument shall not entitle the owner to the payment of compensation under the provisions of any enactment or at law but nothing in this Clause 8 shall operate as a waiver of the owner's rights or remedies if the council breaches any of the provisions of this instrument.

Fifth Schedule

Rights and Powers Varied and Added

1. The council's rights to the easement facilities are exclusive.
2. The council 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 owner is not required to any of these.
3. The words “to the dominant land” are deleted from clause 3(1) in Schedule 4 of the Land Transfer Regulations 2002.
4. No breach of the terms of this easement by the council shall entitle the owner to cancel or revoke this easement.
5. The council is not compelled to convey or store water along the stipulated course or in the stipulated area.
6. Any rights or immunities from liability or powers or remedies which the council may have by statute or at common law are not affected by this grant and the council shall have those rights or immunities and may exercise those powers or remedies independently of this grant.
7. Any maintenance, repair or replacement of the easement facilities, whether on the servient tenement or similar facilities of the council connected to the easement, that is necessary because of any act or omission by the owner (which includes agents, employees, contractors, subcontractors and invitees of the owner) must be carried out promptly by the owner at the owner’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the owner must be in proportion to the amount attributable to the act or omission (with the balance payable in accordance with clause 11 of Schedule 4 to the Land Transfer Regulations 2002).
8. The exercise of any rights or powers conferred on the council by this instrument shall not entitle the owner to the payment of compensation under the provisions of any enactment or at law but nothing in this Clause 8 shall operate as a waiver of the owner’s rights or remedies if the council breaches any of the provisions of this instrument.
9. Where there is a conflict between the provisions of Schedule 4 of the Land Transfer Regulations 2002 and the modifications in this easement, the modifications must prevail.
10. The words “and other persons to whom the Grantor may grant similar rights” are deleted from clause 6(1) in Schedule 4 of the Land Transfer Regulations 2002.

11. (a) The owner must not place any buildings erections or fences on the stipulated course or plant or suffer or allow to grow any tree or shrub on or near the stipulated course that may interfere with the easement facility and will not do or omit to do or allow or suffer any things which may interfere in any way with the council’s rights herein.
    (b) Where in the sole opinion of the council any tree or shrub, whether in or near the stipulated course, is causing or is likely to cause interference with the easement facility and will not do or omit to do or allow or suffer any things which may interfere in any way with the council’s rights herein.