Table Of ContentResource 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
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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
Petone, Lower Hutt 5012
Ms Anna Hector
New Zealand
Wellington Water
[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.
(cid:190) 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
(cid:190) 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.
(cid:190) 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
𝐶𝐹𝑅 321565
CFR WN10B/306 (cancelled)
CT 425/69 (cancelled)
CT C3/2 (cancelled)
𝑊𝑒𝑠𝑡𝑒𝑟𝑛 𝑆𝑖𝑑𝑒 𝑜𝑓 𝑆𝑡𝑟𝑒𝑎𝑚
CT 554/215 (cancelled)
CT 341/240 (cancelled)
CT 187/205 (cancelled)
{ CT 64/275 (cancelled)
𝐶𝐹𝑅 500777
CFR 453966 (cancelled)
CFR 267890 (cancelled)
CT WN50B/1000 (cancelled)
𝐸𝑎𝑠𝑡𝑒𝑟𝑛 𝑆𝑖𝑑𝑒 𝑜𝑓 𝑆𝑡𝑟𝑒𝑎𝑚 CT 42D/666 (cancelled)
CT 42D/667 (cancelled)
CT 424/277 (cancelled)
CT 164/242 (cancelled)
{ 𝐶𝑇 141/271 (𝑐𝑎𝑛𝑐𝑒𝑙𝑙𝑒𝑑)
www.cardno.com
Description:Appurtenant hereto is a right to convey water specified in Easement of all coal raised or gotten out of the said land, a royalty of sixpence for every . our assessment of the situation and the attached supporting information to the search copies of some of the historic documentation are of poor q
