15 DECEMBER 2011 NEW ZEALAND GAZETTE, No. 193

Part Lot 1 DPS 14704; marked “B” on DP 416321 (part Computer Freehold Register SA12C/1354).

Rights and Powers Varied and Added

Background

The easement is granted as a condition of transfer.

Definitions

Grantor is the registered proprietor of Computer Freehold Registers SA199/163 and SA12C/1354.

Grantee is the Tauranga City Council and its successors.

The Parties Further Agree

1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 (“the Regulations”) shall take those meanings.

2. Where there is a conflict between the provisions of Schedule 4 to the Regulations and Schedule 5 of the Property Law Act 2007, Schedule 4 to the Regulations shall prevail.

3. Where there is a conflict between the provisions of Schedule 4 to the Regulations and/or Schedule 5 of the Property Law Act 2007 and the modifications in this Easement Instrument, the modifications must prevail.

4. Right of Way:
   4.1 The rights and powers set out in paragraph 6 of Schedule 4 to the Regulations shall apply.
   4.2 The rights and powers set out in Clause 11(1) of Schedule 4 to the Regulations are deleted.
   4.3 The rights and powers set out in Clause 11(2) of Schedule 4 to the Regulations are deleted and replaced with the following:
   “11(2) The Grantor is responsible for the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.”
   4.4 The maintenance provisions in Schedule 4 of the Regulations are modified by adding the following:
   “Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the Grantee connected to the easement facility that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, sub-contractors and invitees of the Grantor) must be carried out promptly by the Grantor at the Grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor must be in proportion to the amount attributable to that act or omission.”

5. For the avoidance of doubt, the implied covenants in Schedule 5 of the Property Law Act 2007 are as between the Grantor and Grantee, negated.

6. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course without the prior consent of the Grantee and the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.

7. Any rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or by statute independently of this grant of easement.

8. (a) In the event of the Grantor obtaining all necessary statutory and other consents and approvals to redevelop the servient tenement and to relocate the easement facility to the rear of the property (being the north eastern boundary), including, but not limited to, consent under the Resource Management Act 1991, the Building Act 2004 and the Local District Plan (or such legislation/District Plan in substitution thereof), the Grantee shall not unreasonably withhold its consent to such relocation provided that the dimensions of the relocated easement facility shall, in the opinion of the Grantee, acting reasonably, remain sufficient for the ongoing use of the relocated easement facility as a right of way; and
   (b) During such relocation of the easement facility, the Grantor shall ensure that a continuous right of way over the servient tenement is maintained at all times.

Dated at Wellington this 8th day of December 2011.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10907)

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Land Taken for Severance—State Highway 73, Addington, Christchurch City

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares the land described in the Schedule to this notice to be taken, pursuant to section 119, as severance and, pursuant to section 117(7), to remain vested in the Crown for the purposes of the Christchurch Southern Motorway on the date of publication hereof in the New Zealand Gazette.

Canterbury Land District—Christchurch City

Schedule

Land Taken as Severance

Dated at Wellington this 28th day of October 2011.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2010/15234)

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Land to be Declared Road—Stevenson Road, Dunedin

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares the land described in the Schedule to this notice to be road and vested in the Dunedin City Council on the date of publication hereof in the New Zealand Gazette.

Otago Land District—Dunedin City

Schedule

Land to be Taken for Road

Dated at Wellington this 7th day of December 2011.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2009/13949)

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