Pursuant to section 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the following easement in gross is acquired for soil conservation and river control purposes (and may be surrendered at any time by notice in the New Zealand Gazette), and vested in the Hawke's Bay Regional Council ("called the grantee"), the right to draw water through a piped drain constructed in accordance with the grantee's construction plan No. 2752, the full and free right in perpetuity for the grantee and its agents, to do the following over the land described in the Schedule:
(a) To enter the land and to pass and repass at all times with or without machinery and vehicle;
(b) To modify, maintain or reconstruct the drain and to do all things necessary to maintain the same in an efficient state; any work to be carried out as expeditiously as possible and with as little disturbance to the surface of the land as is reasonably possible and immediately upon completion of any such work, the surface of the land shall be restored as nearly as is reasonably possible to its former condition;
(c) To prohibit the planting of trees on the land, however shelter trees on the property boundary are permitted;
(d) To prohibit the erection of any building on the land; and
(e) To exercise the within rights in a manner reasonably necessary to serve the purpose of the work.
Schedule
Hawke's Bay Land District-Hastings District Council
Lot 1, D.P. 14848; marked "A" on S.O. Plan 10938, certificate of title G3/916.
Lot 2, D.P. 14848; marked "B" on S.O. Plan 10938, certificate of title G3/917.
Part Lot 2, D.P. 21860; marked "C" on S.O. Plan 10938, certificate of title V1/877.
Dated at Wellington this 28th day of April 2000.
R. A. JOLLY, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/98/1034)