2060 NEW ZEALAND GAZETTE, No. 90 18 JUNE 2009

Seventh Schedule

Easement Acquired for a Right to Convey Water in Gross

Area Description
Part Section 2 SO 404965; marked “B” on SO 404965 (part Computer Freehold Register SA9C/1050).

Part Section 2 SO 404965; marked “C” on SO 404965 (part Computer Freehold Register SA9C/1050).

Part Section 3 SO 404965; marked “D” on SO 404965 (part Computer Freehold Register SA1441/74).

Part Section 4 SO 404965; marked “E” on SO 404965 (part Computer Freehold Register SA929/165).

Rights and Powers Varied and Added

1. The council’s rights to the easement facility 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 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 facility, 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.

Eighth Schedule

Easement Acquired for a Right to Convey Telecommunications and Computer Media

Area Description
Part Section 2 SO 404965; marked “B” on SO 404965 (part Computer Freehold Register SA9C/1050).

Part Section 2 SO 404965; marked “F” on SO 404965 (part Computer Freehold Register SA9C/1050).

Rights and Powers Varied and Added

1. The easement facility includes any “Lines”, “Works”, “Existing Lines” and “Existing Works” as defined in the Telecommunications Act 2001 owned by Telecom New Zealand Limited (“Telecom”).

2. The easement is not a substitution for, and is without prejudice to, such statutory rights and authorities as Telecom may have from time to time in respect of the servient tenement.

Dated at Christchurch this 4th day of June 2009.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2005/10913)

Land Set Apart for Stormwater Pond—Crown Road, Taupo District

Pursuant to section 52(4) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice to be set apart for stormwater pond on the date of publication of this notice in the New Zealand Gazette and to remain vested in the Taupo District Council.

South Auckland Land District—Taupo District

Schedule

Area Description
m²
6388 Part Lot 1 DP 306768; shown as Section 1 on SO 419505 (part Computer Freehold Register 26426).

Dated at Christchurch this 4th day of June 2009.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2007/12455)

Land Declared Road—State Highway 18, Greenhithe, The Close, North Shore City

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, 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 18 on the date of publication of this notice in the New Zealand Gazette and shall remain vested in the Crown.

North Auckland Land District—North Shore City

Schedule

Area Description
m²
48 Part Lot 4 DP 155739 (part Computer Freehold Register NA93A/190); shown as Section 3 on SO 402656.

1011 Part Lot 6 DP 155739 (part Computer Freehold Register NA93A/192); shown as Section 7 on SO 402656.

461 Part Lot 6 DP 155739 (part Computer Freehold Register NA93A/192); shown as Section 2 on SO 402656.

565 Part Lot 4 DP 155739 (part Computer Freehold Register NA93A/190); shown as Section 1 on SO 402656.

2 Part Lot 4 DP 155739 (part Computer Freehold Register NA93A/190); shown as Section 4 on SO 402656.