Resource Consent Application Karori Stream Main Outfall Pipeline Maintenance – Global Consent – August 2015 APPENDIX A Management & Monitoring Plan BOUND SEPARATELY APPENDICES THIS PAGE IS INTENTIONALLY BLANK THE MANAGEMENT AND MONITORING PLAN IS ATTACHED AS A SEPARATELY BOUND DOCUMENT Resource Consent Application Karori Stream Main Outfall Pipeline Maintenance – Global Consent – August 2015 APPENDIX B Computer Freehold Registers (Title Documents) APPENDICES QuickMap Title Preview Page 1 of 1 QuickMap Title Preview Information last updated as at 02 Aug 2014 COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Limited as to Parcels Identifier 489165 Land Registration District Wellington Date Issued 11 August 2009 Prior References WN467/199 Type Fee Simple Area 205.7359 hectares more or less Legal Description Lot 2-3 Deposited Plan 422854 Proprietors Erin Go Bragh Limited Appurtenant hereto is a right to convey water specified in Easement Certificate 086190.3 - 16.12.1975 at 9.06 am (affects part formerly Part Section 3 Makara District) 6284339.1 Open Space Covenant pursuant to Section 22 Queen Elizabeth The Second National Trust Act 1977 - 21.1.2005 at 9:00 am (affects part formerly Part Sections 2 & 3 Makara District and Part Section 71 Terawhiti District) 6980757.1 Open Space Covenant pursuant to Section 22 Queen Elizabeth The Second National Trust Act 1977 - 8.8.2006 at 9:00 am.(affrects part formerly Part Section 71 Terawhiti District and Part Section 96 BLK IX Port Nicholson Survey District) Subject to Section 241(2) Resource Management Act 1991 (affects DP 422854) If the above-mentioned land shall at any time be found to contain coal, the owner thereof for the time being shall pay to his Majesty the King or his successors, in respect of all coal raised or gotten out of the said land, a royalty of sixpence for every full ton of twenty hundredweight so raised or gotten. If the above-mentioned land shall at any time be found to contain gold or silver such land shall be subject in all respects to the provisions of the Mining Act 1908, but the value of the gold or silver shall not be taken into account in ascertaining or allowing compensation to the owner for the time being of the same (affects part formerly Part Section 96 Block IX Port Nicholson Survey District) 8482605.1 Mortgage to Michael Edward Warren, Janet Margaret Warren and Denis Michael Lander - 3.5.2010 at 9:19 am The information provided on this report forms a guideline only. As a result, Custom Software Limited cannot and does not provide any warranties or assurances of any kind in relation to the accuracy of the information provided through this report, the Site and Service. Custom Software Limited will not be liable for any claims in relation to the content of this report, the site and this service. file:///C:/Users/jenny.grimmett/AppData/Local/Temp/QM_DocOrder.html 25/08/2014 Our Ref: NZ0114121 Contact: Chris Rodgers Cardno (NZ) Limited 36749 13 October 2015 Level 5, IBM Building 25 Victoria Street Ms Anna Hector Petone, Lower Hutt 5012 Wellington Water New Zealand [email protected] P.O. Box 38098 Wellington Mail Centre Lower Hutt 5045 New Zealand Dear Anna, Phone: 64 4 478 0342 WEST WELLINTON MAIN OUTFALL PIPELINE - LEGAL STATUS OF SOUTH www.cardno.com MAKARA ROAD We understand that there has been some uncertainty surrounding the legal status of South Makara Road as depicted on Deposited Plan 5864. Thank you for your patience while we have sourced historical records with Archives New Zealand and Land Information New Zealand (LINZ) to provide some guidance on the matter. The outcome of our findings is unfortunately inconclusive. It is our opinion that South Makara Road has been legalised in two parts, west of the Karori Stream and then east of the Karori Stream, over its history. We have located documentation confirming the later legalisation, but only vague reference to legalisation of the earlier. We provide a basic summary of events as we understand them. The road corridor shown on DP 5864 (circa 1921) is annotated ‘Not a Public Road’. This plan however, does make reference to a Resolution 729149 (likely added retrospectively to the plan face). A copy of this document was sourced from LINZ and contains a chain of correspondence between the solicitors for a proposed claimant to the road corridor on the eastern side of the Karori Stream (Horokiwi Quarries Ltd.), the District Land Registrar (DLR) and the Hutt County Council. The pertinent items from this chain are summarised below. ‹ 15 August 1967 – Letter to the DLR from the solicitors for Horokiwi Quarries Ltd. advising that they have recently purchased land under Deed of Conveyance 152782. They note that “Parts of the surveyed road have been declared Crown Land, but the parts purchased by our client remain vested in the Guardian Trust and Executors Co. of NZ Ltd as trustee”. They request that the DLR bring the land in question under the Land Transfer Act 1952 and issue title. Australia ● Belgium ● Canada ● Ecuador ● Germany ● Indonesia ● Italy ● Kenya ● New Zealand ● Papua New Guinea ● Peru ● Tanzania ● United Arab Emirates ● United Kingdom ● United States ● Operations in 85 countries 2 ‹ 2 October 1967 - Letter to the Hutt County Council from the District Land Registrar advising that he has been asked to issue title to the eastern portions of the road corridor by Horokiwi Quarries Ltd. The DLR offers the Council the opportunity to legalise the road before he grants title to the applicant. ‹ 17 November 1967 – Letter to the District Land Registrar from the Hutt County Council County Clerk advising that it wishes to legalise the portions of road on the eastern side of the Karori Stream which are at present ‘not legal’. Advised that a formal resolution of Council was passed to this effect. Resolution 729149 refers to Deed Index 32/791 which therein records Conveyance 152783 dedicating the road on the eastern side of the stream. A footnote to this conveyance also records the resolution by the Council recognising the land in Conveyance 152782 as road. Reference is made in the Deed Index to Application 3749 (less road). We can determine no specific reference in this document to the legalisation of the western portions of the road corridor. It appears accepted by all parties at this point that the western portions were already legalised. To reinforce this, current Computer Freehold Registers (CFRs) and historic Certificates of Title on both sides of the Karori Stream depict the road corridor as excluded from the title. As we are surveyors not conveyancing solicitors, we strongly suggest that Council’s solicitors review our assessment of the situation and the attached supporting information to validate our opinion. We enclose copies of all searched titles and instruments for your solicitor’s interrogation. We note that the search copies of some of the historic documentation are of poor quality and in many cases illegible. Finally, our cursory review of aerial imagery in the area suggests that the location of the physical access, in many places does not align with the legal road corridor. If access to this area is critical to your project, we would suggest that the physical road is surveyed and legalised to secure enduring legal access into the future. If you have any queries or concerns regarding the content of this letter, please contact the writer. Kind regards, Chris Rodgers Licensed Cadastral Surveyor For Cardno [email protected] www.cardno.com 3 Enclosed Documentation: Deeds Index 32/791 Resolution 729149 Conveyance 152782 Conveyance 152783 (Deeds Index 286/665) Application 3749 Deposited Plan 5864 B Plan 187 ��� 321565 CFR WN10B/306 (cancelled) CT 425/69 (cancelled) CT C3/2 (cancelled) ������� ���� �� ������ CT 554/215 (cancelled) CT 341/240 (cancelled) CT 187/205 (cancelled) { CT 64/275 (cancelled) ��� 500777 CFR 453966 (cancelled) CFR 267890 (cancelled) CT WN50B/1000 (cancelled) ������� ���� �� ������ CT 42D/666 (cancelled) CT 42D/667 (cancelled) CT 424/277 (cancelled) CT 164/242 (cancelled) { �� 141/271 (���������) www.cardno.com COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Guaranteed Search Copy issued under Section 172A of the Land Transfer Act 1952 Identifier 453964 Land Registration District Wellington Date Issued 06 November 2009 Prior References 267890 WN42D/665 Estate Fee Simple Area 37.3150 hectares more or less Legal Description Lot 2 Deposited Plan 414390 Proprietors Clement Stephen Griffiths and Patricia Anne Griffiths Interests 8318069.3 Encumbrance to Meridian Energy Limited - 6.11.2009 at 2:33 pm Subject to a right of way, right to convey electricity, telecommunications and computer media over part marked A DP 414390 created by Easement Instrument 8318069.6 - 6.11.2009 at 2:33 pm Appurtenant hereto is a right of way, right to convey electricity, telecommunications and computer media created by Easement Instrument 8318069.6 - 6.11.2009 at 2:33 pm Some of the easements created by Easement Instrument 8318069.6 are subject to Section 243 (a) Resource Management Act 1991 (See DP 414390) Land Covenant in Easement Instrument 8318069.8 - 6.11.2009 at 2:33 pm 8318069.9 Conservation Covenant pursuant to Section 77 Reserves Act 1977 - 6.11.2009 at 2:33 pm 8318069.11 Consent Notice pursuant to Section 221 Resource Management Act 1991 - 6.11.2009 at 2:33 pm Land Covenant in Easement Instrument 8362482.1 - 3.12.2009 at 3:54 pm 8444599.3 Surrender of the right of way marked D on DP 414390 created by Easement Instrument 8318069.6 - 14.12.2012 at 2:30 pm Transaction