4 JULY 2013 NEW ZEALAND GAZETTE, No. 85 2307

42 Part Lot 4 DP 15034; shown as Section 4 on SO 462208 (part Computer Freehold Register SA27B/1283).

Dated at Wellington this 28th day of June 2013.

K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2007/12414)
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Severance Taken—State Highway 2 Maramarua Bypass, Monument Road, Waikato District

Pursuant to section 119(1) 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 taken for severance and shall be amalgamated with the land in Computer Freehold Register SA27B/1283, subject to Mortgage 8152131.4, section 11 of the Crown Minerals Act 1991 and Part IVA of the Conservation Act 1987, on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Waikato District

Schedule

Severance Taken

Dated at Wellington this 28th day of June 2013.

K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2007/12414)
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Easement Acquired for Sewerage Purposes—Seaview Road, New Plymouth District

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over:

(a) The land of David Michael Tanner and Carol Theresa Tanner (“The First Grantor”); and

(b) The land of Taranaki District Health Board (“The Second Grantor”)

(the First and Second Grantors each to be known as “The Owner”), being the land described in the First Schedule to this notice for the purposes of the Seaview Road Sewer Replacement Easement in gross upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the New Plymouth District Council (“the Council”) as Grantee on the date of publication hereof in the New Zealand Gazette.

Taranaki Land District—New Plymouth District

First Schedule

The First Grantor’s Land
Lot 1 DP 6886 (Computer Freehold Register TN167/238).

The Second Grantor’s Land
Part Section 18 Fitzroy District (Computer Freehold Register TNC2/673).

Second Schedule

Easement to be Acquired
A right to drain sewage easement in gross over that part of the Land marked “E” and “A” on LT 460924 (“the Servient Land”).

Third Schedule

Easement Rights and Powers and Covenants

1. Together with the additional rights and powers set out in this Schedule, the easement shall contain the rights and powers implied into such easements by the Fourth Schedule to the Land Transfer Regulations 2002 and in the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated shall prevail.

2. The Council may use the easement for all sewerage purposes in accordance with the Local Government Act 1974 (including any Act amending or replacing the same).

3. The Owner covenants with the Council that it will not at any time:
   3.1 Do or permit to be done anything on the Servient Land which may damage or obstruct the easement facility or which may prevent the Council from obtaining reasonable access to the easement facility;
   3.2 Do or permit to be done anything on the Servient Land which may interfere with or affect the full and free use and enjoyment by the Council of the rights, powers, licences and privileges granted under the easement;
   3.3 Except with the prior written consent of the Council and then only in accordance with such terms and conditions as it may impose in respect of such consent given:
   3.3.1 Plant or cause or allow to be planted any medium or large trees on those areas marked “E” and “A” on LT 460924;
   3.3.2 Erect or place thereon or cause or allow to be erected or placed thereon any buildings or other erections or fences (other than a boundary fence);
   3.4 Claim any compensation under the provisions of any Statute or Regulation whatsoever, except as set out in 4.6 below.

4. The Council hereby covenants with the Owner that the Council will:
   4.1 At all times use reasonable care and skill when exercising the above rights and powers.
   4.2 Avoid causing any unnecessary damage to the Servient Land and the easement facility.
   4.3 Avoid causing any unnecessary interference with the Owner’s use or enjoyment of the Servient Land.
   4.4 Give prior notice (at least 48 hours) and consult the Owner before entering the Land for execution of works except in the case of emergencies.
   4.5 Repair and make good all damages to fences, gates and structures upon the Servient Land directly caused by the Council undertaking any works in furtherance of the rights, powers, licences and privileges granted under the easement.