NEW ZEALAND GAZETTE, No. 126 — 19 NOVEMBER 2015

Council ("the Grantee") on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Waipa District

First Schedule

The Grantor’s Land

Lot 1 DPS 92516 contained in Computer Freehold Register SA73B/7.

Second Schedule

Easement to be Acquired

A right to drain sewage easement in gross over that part of the above-described land marked "A" on SO 490573 ("Easement Land").

Third Schedule

Terms and Conditions of Easement to be Granted for a Right to Convey Sewage

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

2. Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by the Regulations.

3. Where there is a conflict between the provisions of the Fourth Schedule to the Regulations and the modifications set out herein, the modifications shall prevail.

4. "Grantor" means David Herbert Salmon as to a ½ share and Kaaren Cofman-Nicoresti as to a ½ share, and their successors in title to the land currently held in Computer Freehold Register SA73B/7.

5. "Grantee" means the Waipa District Council and includes its successors, assigns and licensees.

6. The words "in common with the grantor and other persons to whom the grantor may grant similar rights" in clause 5(1) of the Fourth Schedule of the Regulations shall be deleted for the purposes of this easement.

7. The Grantee shall have the full free right, liberty and licence at all times together with its engineers, surveyors, servants, agents, employees, workmen, contractors and invitees with or without vehicles laden or unladen and with materials, tools, machinery and implements:
   a. to lay, construct and maintain a pipeline on, in, over and under the soil of the Easement Land;
   b. to remove any natural or cultivated vegetation grown or improvement placed or constructed on the Easement Land which interferes with the rights granted by the easement.
   c. to enter and remain upon the Easement Land for the purposes of laying, constructing, maintaining, inspecting, repairing, renewing, enlarging, replacing or altering the pipeline, and opening up the soil of the Easement Land and make any access way, cuttings, fillings, grades, batters or trenches, and to re-open the same and generally to do and perform such acts or things upon the Easement Land as may be necessary to enable the Grantee to receive the full free use and enjoyment of the rights and privileges granted under this easement;
   d. to use the pipeline for the purpose of conveying sewage without interruption or impediment.

8. The Grantee may convey sewage in any quantities.

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

10. Nothing contained or implied by this easement shall be deemed to compel the Grantee to use or convey sewage through or over the Easement Land.

11. All 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 this grant of easement.

12. The pipeline shall remain the sole property of the Grantee.

13. The Grantor covenants with the Grantee:
    a. not to grow or permit to be grown any natural or cultivated vegetation including trees and shrubs on the Easement Land;
    b. not to place any buildings, erect fences or other permanent structures on the Easement Land without