NEW ZEALAND GAZETTE, No. 98 — 10 SEPTEMBER 2015

Area Description
m²

2407 Part Lot 1 DP 5999; shown as Section 1 on SO 463492 (Part Computer Freehold Register TN150/283).

Dated at Wellington this 4th day of September 2015.

J. COOPER, for the Minister for Land Information.
(LINZ CPC/2005/10762)

2015-ln5324

Stormwater Easement to be Acquired—Bishop Road, New Plymouth

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jemma Cooper, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a stormwater easement in gross for water drainage purposes (“Easement”) is acquired over the land of Elaine Beryl Sinton (“Owner”), described in the First Schedule to this notice, upon the terms and conditions set out in the Second Schedule to this notice, and shall vest in the New Plymouth District Council (“Council”) on the date of publication of this notice in the New Zealand Gazette.

Taranaki Land District—New Plymouth District

First Schedule

The Servient Land

That part of Section 2 SO 463492 marked “A” on SO 463492, comprised in Part Computer Freehold Register TN150/283.

Second Schedule

Terms and Conditions

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 water drainage purposes in accordance with the Local Government Act 1974 (including any Act amending or replacing same).

3. The words “from the dominant land” in clause 4(1) of the Land Transfer Regulations 2002 shall be deleted for the purposes of this Easement.

4. The Owner covenants with the Council that it will not at any time:

   4.1 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;

   4.2 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;

   4.3 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:

   4.3.1 Plant or cause or allow to be planted any medium or large trees on those areas marked “A” on SO 463492;

   4.3.2 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);

   4.4 Claim any compensation under the provisions of any statute or regulation whatsoever, except as set out in 5.5 below.

5. The Council hereby covenants with the Owner that the Council will:

   5.1 At all times use reasonable care and skill when exercising the above rights and powers.

   5.2 Avoid causing any unnecessary damage to the Servient Land and the easement facility.

   5.3 Avoid causing any unnecessary interference with the Owner’s use or enjoyment of the Servient Land.

   5.4 Give prior notice (at least 48 hours) and consult the Owner before entering the Servient Land for execution

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