934 NEW ZEALAND GAZETTE, No. 35 24 MARCH 2011

DP 8784 (Gazette Notice 661023.3), part Lot 4 Block V DP 8784 (balance Gazette Notice 428613.1), part Lot 5 Block V DP 8784 (part Gazette Notice A524073), and part Lots 138 and 142 DP 19442 (parts Gazette Notice 200083); shown as Section 22 on SO 434648.

920 Part Lot 3 DP 38441 and part Lots 149 and 153 DP 19442 (parts Gazette Notice 200083); shown as Section 23 on SO 434648.

507 Part Lots 7 and 8 DP 38441 (parts Gazette Notice 200083); shown as Section 24 on SO 434648.

Dated at Wellington this 18th day of March 2011.

A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2011/15940)

Land Acquired for Road—685 Ruapuke Road, Te Mata, Waikato District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ainslie Drysdale, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in the Waikato District Council on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Waikato District
Schedule

Dated at Wellington this 15th day of March 2011.

A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10908)

Easement Acquired—Marire Drive and Panorama Drive, Welcome Bay, Tauranga City

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, an agreement to that effect having been entered into, a right to convey water, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with following variations, is hereby acquired over the land described in the First Schedule to this notice and shall vest in the Tauranga City Council ("the Grantee") on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Tauranga City
Schedule

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 the modifications in this easement instrument, the modifications must prevail.

3. The rights and powers set out in paragraph 3 of Schedule 4 to the Regulations shall apply provided however that reference in clause 3(1) of the Regulations to the dominant land shall be deleted for the purpose of this easement instrument.

4. 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.

5. The maintenance provisions in Schedule 4 to 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(s) that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of that Grantor) must be carried out promptly by the Grantor and 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 responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of Schedule 4 of the Regulations).

6. The Grantee may convey or discharge water in any quantities.

7. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.

8. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey or discharge water along the stipulated course.

9. 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 these grants of easement.

Dated at Wellington this 14th day of March 2011.

A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10907)

Land Acquired for Stormwater Pond and Easement Acquired—Parton Road, Papamoa Beach, Tauranga

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