NEW ZEALAND GAZETTE, No. 104 — 12 OCTOBER 2017

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Christine Anderson, 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 the land of Paul Edward Lamb and Fiona Margaret Lamb as the Grantor (to be known as "Owner"), being the land described in the First Schedule to this notice, upon the terms and conditions described in the Third Schedule to this notice and shall vest in the Waikato District Council ("Council") as Grantee, on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Waikato District

First Schedule

The Grantor’s Land

Lot 1 DPS 40304 comprising 1.0653 hectares, more or less, and being all the land comprised and described in Computer Freehold Register SA35D/780 South Auckland Land Registry.

Second Schedule

Easement to be Acquired

A right to drain sewage easement in gross over that part of the Grantor’s land marked "A" on LT 506452 ("Servient Land").

Third Schedule

Easement Rights and Powers and Covenants

1. The implied rights and powers in Schedule 4 to the Land Transfer Regulations 2002 ("Regulation Schedule") are implied in this instrument and are varied by the provisions set out below under the heading "Modified Provisions".

2. Where there is a conflict between the Modified Provisions hereunder and the provisions of the Regulation Schedule, the Modifications must prevail.

Modified Provisions

Right to Drain Sewage

1. The Grantee shall have the full free uninterrupted and unrestricted right at all times hereafter:
   a. To pump, convey and drain sewage in a free and unimpeded flow (except during periods of necessary cleaning and repairing in accordance with clause 4 of the general terms of this easement through the easement facility); and
   b. to lay, make, construct, maintain, alter or repair the easement facility as the Grantee shall from time to time think fit.

2. The Easement Facility referred to in 1(a) and (b) is the Easement Facility laid or to be laid along the area marked "A" on LT 506452.

3. The right and powers implied in the right to drain sewage easement are those prescribed by the Land Transfer Regulations 2002 in respect of right to drain sewage.

Rights and Powers Applying to All Easements Created by This Instrument

1. The term of this easement is for 1,000 years from the date of this Instrument.

2. That, without derogating from clause 10(2) of the Regulation Schedule:
   a. The Grantor shall not build, construct, erect or place any building or structure, nor plant deep rooted trees, nor deposit any fill on the easement facility except with the consent of the Grantee, and except as designed, constructed or performed to the satisfaction of the Grantee;
   b. the Grantor shall not pave, seal, or plant or grow any trees or shrubs or allow any tree roots within the stipulated area but will ensure it is grassed and maintained in a neat tidy condition; and
   c. the Grantor shall not grant any easement or any other right over the stipulated course or stipulated area without the prior written consent of the Grantee, which the Grantee may refuse where, acting reasonably, it believes that the granting of such easement or other right may interfere with the rights granted pursuant to this Easement, or may grant consent on such conditions as it may reasonably

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