NEW ZEALAND GAZETTE, No. 147

29 SEPTEMBER 2011

road, limited access road and State highway, excluding those minerals not acquired by Proclamation 9636, and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District
Schedule

Dated at Wellington this 21st day of September 2011.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2010/14992)

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Easement Acquired for Right to Drain Water in Gross—10 Hinemoa Road, Waihi Beach, Western Bay of Plenty District

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right to drain water in gross, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the following variations is hereby acquired over the land described in the Schedule to this notice and shall vest in the Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District
Schedule

Rights and Powers Varied and Added

The grantee is the Council being the Western Bay of Plenty District Council.

The grantor is the Owner being the proprietor of SA14D/573.

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.

Dated at Wellington this 23rd day of September 2011.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10913)

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Land and Pedestrian Access Easement Acquired—McGill Road, Whangarei

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ainslie Drysdale, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into:

(a) The land described in the First Schedule to this notice is hereby acquired for road and shall vest in the Whangarei District Council;

(b) A pedestrian access easement in Gross is acquired, appurtenant to the Whangarei District Council, over the land described in the Second Schedule to this notice, for which the rights and powers implied are those prescribed by the Fourth Schedule to Land Transfer Regulations 2002 on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Whangarei District
First Schedule

Land Acquired for Road

Second Schedule

Easement Acquired

Dated at Wellington this 20th day of September 2011.

A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10915)

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