NEW ZEALAND GAZETTE, No. 118

4 AUGUST 2011

Third Schedule

Definitions

Easement means the easement granted under this notice;

Land means the land described in the First Schedule to this notice.

Stopbank Reconstruction means the reconstruction and enlargement of the existing Stopbank constructed on the Land as a defence against flooding of the Awanui Stream.

Associated Works means the construction of any fences, culverts, floodgates and the like, together with any works of an environmental nature designed to enhance the value of the Land for native flora and fauna.

SCRCA means the Soil Conservation and Rivers Control Act 1941, including all amendments and any Act passed in substitution for it.

Easement 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 Land:

(a) To enter on the Land by its engineers, officers, agents, and workmen to go, pass and re-pass with or without machinery or vehicles over and along the 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 it is a Catchment Board under the SCRCA or any successor thereto the rights and powers conferred by this grant.

(c) To enter on the Land and do all things as are necessary to maintain the vegetation thereon, and to inspect the state of the Stopbank, and to reconstruct and maintain the Stopbank on the Land in a state of efficiency including repairing, altering, or reconstructing the Stopbank.

(d) To maintain, repair or replace (at the expense of the Grantee) the boundary fences of the Land in accordance with the provisions of the Fencing Act 1978.

(e) To plant, sow and maintain appropriate tree, shrub, plant or grass species on the Land and to prevent interference with or the destruction thereof.

(f) To regulate and prescribe conditions on which water may be pumped, or otherwise conveyed under, through, across, or over the Land to or from the Awanui Stream channel to prevent damage or degradation to the Stopbank and/or Stream Channel.

(g) To prevent or regulate the erection of any structure or fences on the Land.

(h) To prevent or regulate the excavation of the soil on the Land.

(i) To regulate the use of the Land by the Grantor and to require the Grantor at all times to comply with the directions of the Grantee in respect of the use of Land so that the Land shall be maintained and kept in such manner that ensures the integrity of the Stopbank and associated works.

(j) To prevent the cultivation of land by the Grantor.

(k) To prevent the lighting of fires on the Land except under such circumstances and subject to such limitations, conditions, and restrictions as may be prescribed by the Grantee.

(l) Generally to require the doing on or in respect of the 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 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 Stopbank.

B. The Grantor must not:

(a) Construct any buildings, nor install any permanent equipment, fitting or fixture on the Land.

(b) Excavate the Land, or remove any soil therefrom, or alter the contour or carry out any earthworks of any nature whatsoever on the Land.

(c) Stockpile or permit the stockpiling of any soil, sand, or gravel, or other substance on the Land.

(d) Stockpile or allow the stockpiling of any vegetative matter or light any fire on the Land.

(e) Plant, establish, or allow to become established any cultivated or natural vegetation, including trees or shrubs, unless such planting forms part of a recognised and approved environmental programme and has the written permission of the Grantee.

(f) Allow, do, or permit to be done anything upon the Land, by which the Land or the Stopbank on the Land or any vegetation planted on the land, including trees and shrubs, shall be in any way damaged or which may adversely affect the integrity of the flood control assets along the Awanui Stream.

(g) Damage, or cause or permit to be damaged, any fence erected by the Grantee along the boundary of the Land.

C. All references to the Grantor shall include their successors in title.

Dated at Wellington this 28th day of July 2011.
A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10893)
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Road Realignment—Kauaeranga Valley Road, Thames–Coromandel District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ainslie Drysdale, Land Information New Zealand:

(a) Pursuant to section 114, declares the land described in the First Schedule hereto to be road vested in the Thames-Coromandel District Council.

(b) Pursuant to sections 116 and 117, declares the road described in the Second Schedule hereto to be stopped and amalgamated with the land in Computer Freehold Register SA20C/667 subject to Caveat H083900.

South Auckland Land District—Thames-Coromandel District

First Schedule

Land Declared Road

Second Schedule

Road Stopped and Amalgamated

Dated at Wellington this 28th day of July 2011.
A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10764)
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