NEW ZEALAND GAZETTE, No. 29

8 MARCH 2012

Second Schedule

Road Stopped and Amalgamated

Third Schedule

Road Stopped and Amalgamated

Fourth Schedule

Road Stopped and Amalgamated

Fifth Schedule

Easement Area

Sixth Schedule

Unless otherwise provided below, the rights and powers implied are those prescribed by the Land Transfer Regulations 2002.

The implied rights and powers are hereby varied and added to by the provisions set out below:

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

2. Where there is a conflict between the provisions of Schedule 4 to the Land Transfer Regulations and the modifications in this notice, the modifications must prevail.

3. The Grantee shall have the right to dig up to any depth the soil of the servient land and to lay down and construct easement facilities of such size and material as the Grantee thinks fit for the purpose of this easement and shall have the right to increase or enlarge the easement facilities as the Grantee thinks fit.

4. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on, over or above 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 the Fourth Schedule to the Land Transfer Regulations 2002 are modified by 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, 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 that Grantor and at that Grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by that Grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance payable in accordance with Clause 11 of Schedule 4).

6. The Grantee may drain sewage in any quantities.

7. The Grantees 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 drain sewage 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 this easement and the Grantee may exercise any such powers vested in it at common law or by statute independently of this grant of easement.

Dated at Wellington this 9th day of February 2012.

K. McPhail, for the Minister for Land Information.
(LINZ CPC/2005/10877)

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Land Set Apart for Early Childcare Purposes—Wanaka, Queenstown Lakes District

Pursuant to section 52(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that the land described in the Schedule to this notice be set apart for early childcare purposes and vested in Her Majesty The Queen on the date of publication hereof in the New Zealand Gazette.

Otago Land District—Queenstown Lakes District

Schedule

Dated at Wellington this 27th day of February 2012.

K. McPhail, for the Minister for Land Information.
(LINZ CPC/2008/12626)

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Land Set Apart for Education Purposes—Wanaka, Queenstown Lakes District

Pursuant to section 52(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that the land described in the Schedule to this notice be set apart for education purposes and vested in Her Majesty The Queen on the date of publication hereof in the New Zealand Gazette.

Otago Land District—Queenstown Lakes District

Schedule

Dated at Wellington this 27th day of February 2012.

K. McPhail, for the Minister for Land Information.
(LINZ CPC/2008/12626)

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