8 AUGUST 2013 NEW ZEALAND GAZETTE, No. 103 2795

0.3887 Part Lot 321 DP 408275 (balance Computer Freehold Register 461681); shown as Section 3 on SO 465219.

Dated at Wellington this 25th day of July 2013.

T. BUCKTHOUGHT, for the Minister for Land Information.

(LINZ CPC/2008/13123)

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Land, Dam Encroachment Easement and Right of Way Easement Acquired for Stormwater Management Purposes—19 and 21 Babich Road, Ranui, Auckland

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) The land described in the First Schedule to this notice is hereby acquired for stormwater management purposes and shall vest in the Auckland Council, subject as to the land firstly described in the First Schedule to this notice to a drainage and stormwater treatment easement in gross in favour of the Waitakere City Council (now Auckland Council) created by Transfer 5469005.3;

(b) A dam encroachment easement is hereby acquired over the land described in the Second Schedule to this notice, appurtenant to the land described in the First Schedule to this notice on the terms and conditions set out in Fourth Schedule to this notice;

(c) A right of way easement is hereby acquired over the land described in the Third Schedule to this notice, appurtenant to the land firstly described in the First Schedule to this notice on the terms and conditions set out in Fifth Schedule to this notice

on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Land Acquired for Stormwater Management Purposes

Second Schedule

Dam Encroachment Easement Acquired

Part Lot 2 DP 314020; marked “B” on SO 453850.
Part Lot 2 DP 314020; marked “I” on SO 453850.
Part Lot 2 DP 314020; marked “J” on SO 453850.
(All part Computer Freehold Register 55460).

Third Schedule

Right of Way Easement Acquired

Part Lot 2 DP 314020; marked “A” on SO 453850.
Part Lot 2 DP 314020; marked “E” on SO 453850.
Part Lot 2 DP 314020; marked “F” on SO 453850.
(All part Computer Freehold Register 55460).

Fourth Schedule

Terms of the Dam Encroachment Easement Acquired

1. The Grantee shall have the right to deposit soil and other material and to lay pipes and construct any necessary infrastructure on areas marked “B”, “I” and “J” on SO 453850 (“Easement Area”) for the purpose of building a dam (“Dam”) to pond storm water.

2. This easement is appurtenant to Sections 3 and 4 on SO 453850 (“Dominant Land”).

3. (a) The Grantor has obtained a Code Compliance Certificate for the Dam dated the 5th day of March 2013. The Dam was designed and constructed by Neil Construction Limited with the Grantee’s input and the cost of its construction is to be reimbursed to that company by the Grantee.

   (b) The Grantee is to operate and maintain the Dam in accordance with all consents given in these regards as a “Local work” (within the meaning of those words in section 2 of the Public Works Act) and is to otherwise comply with all statutes, bylaws, codes and regulations relating to the Dam and the Easement Area.

4. The Grantee shall have the right to discharge water on to the Easement Area in common with the Grantor in any quantity from the Dominant Land.

5. The Grantee shall have the right to enter upon the Easement Area at all times with or without employees, contractors and agents together with all necessary plant, tools and machinery to maintain the dam or to carry out any work or excavation or construction that may be necessary to ensure the continuing functioning and safety of the Dam.

6. The Grantor may take stock on to the Easement Area but only for the purpose of moving stock across that area and the Grantor must ensure that no stock stray on to the face of the Dam. However, the Grantor may graze that part of the area marked “B” on SO 453850 within the Easement Area which is not fenced. This grazing right is revocable at will at any time by the Grantee.

7. The Grantor will not at any time without the Grantee’s approval dig in the Easement Area or do or cause to be done anything that will undermine or interfere with the Dam or its functioning or allow to be done any act whereby the rights and powers granted to the Grantee in this easement may be interfered with or affected in any way.

8. Any planting within the Easement Area proposed by the Grantor is restricted to agricultural grasses shown on a plan prepared by the Grantor, such plan to be approved by the Grantee and a geotechnical engineer familiar with dam construction.

9. The parties acknowledge that there is a part of the Easement Area which is unfenced at the time of the creation of this easement. The Grantee may at any time and will at its own expense erect and maintain a 7 wire post and batten fence on the boundary between the Easement Area and the balance of the Grantor’s land insofar as that boundary is unfenced at that time. The Grantee will give the Grantor one month’s notice in writing of its intention to erect such a fence which will include gates so as to permit the Grantor and the Grantee use of any formed vehicular access within the Easement Area.

10. The Grantor will not construct or place any building, structures, equipment or fences on the Easement Area without the consent of the Grantee.