3672 NEW ZEALAND GAZETTE, No. 126 18 OCTOBER 2012

South Auckland Land District—Tauranga City

First Schedule

Land Acquired for Drainage

Second Schedule

Land Acquired for Drainage

Third Schedule

Easement Acquired for a Right to Drain and Store Water in Gross

• Part Lot 2 DP 425687; marked “B” on SO 446198 (Part Computer Freehold Register 501295).
• Part Lot 2 DP 425687; marked “H” on SO 446198 (Part Computer Freehold Register 501295).
• Part Lot 2 DP 425687; marked “I” on SO 446198 (Part Computer Freehold Register 501295).

Rights and Powers Varied and Added

THE PARTIES 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.

RIGHT TO DRAIN AND STORE WATER AND STORMWATER

3. The provisions contained in Schedule 4 of the Regulations are modified as follows:

(i) By deleting the “easement facility” recorded as (d) in clause 1 of the Regulations and replacing it with:

“(d) in relation to a right to drain water (and stormwater), means the surface of the easement area, pipes, conduits, open drains, pump tanks (with or without headwalls), manholes, valves, surface boxes, other equipment suitable for that purpose (whether above or under ground), and anything in replacement or substitution.”

(ii) By the addition of a new definition of “easement facility” recorded as (g) in clause 1 of the Regulations as follows:

“(g) in relation to a right to store water, means a stormwater detention pond or ponds, pipes, conduits, open drains, pumps, tanks (with or without headwalls), manholes, valves, surface boxes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution.”

(iii) By the addition of a new class of easement recorded as (h) in clause 2 of the Regulations as follows:

“(h) A right to store water.”

(iv) By deleting clause 4(1) of the Regulations and replacing it with the following:

“4. Right to drain water –
(1) Includes the right for the Grantee in common with the Grantor and other persons to whom the Grantor may grant similar rights to convey water (including stormwater) (whether sourced from rain, springs, soakage or seepage) in any quantity through the easement facility and over the servient land. This includes the right to use the stipulated course as an overland flow path.”

(v) By the addition of a new clause 15 to the Regulations as follows:

“15. Right to Store Water –
(1) A right to store water includes the right for the grantee to store water in a stormwater detention pond or ponds on the easement facility in such quantities and for such periods of time as the grantee may determine.
(2) The right to store water is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.

4. The rights and powers set out in paragraphs 4 and 15 to the Regulations shall apply provided however that clause 4(3) is deleted.

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 to the Regulations).”

6. The Grantee may convey, discharge or store 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, discharge or store water along the Stipulated Course.

9. The Grantee further covenants with the Grantor, subject to the provisions contained in paragraph 5 above, that it will, at the cost of the Grantee:

(a) Clean the access and exit channels and any pond on the easement facilities to such levels as the parties may agree are required to maintain the detention of storm water in the storm water detention pond(s);
(b) undertake regular maintenance of the channels and pond as required at two (2) yearly intervals or such alternative intervals as the parties may agree; and
(c) restore, repair and re-grass any associated damage to grass land or trees on the servient tenement that is due to use of the easement facility or the actions of the Grantee.

10. 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.