Pursuant to sections 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Stephen Robert Gilbert, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right of way easement is acquired over the land described in the First Schedule to this notice upon the terms and conditions implied in the Third Schedule to this notice appurtenant to the land described in the Second Schedule to this notice ("Tangoio Soil Conservation Reserve") and vested in the Crown ("the grantee") and shall be controlled and managed by the Hawke's Bay Regional Council on the date of publication of this notice in the
New Zealand Gazette.
Hawke's Bay Land District-Hastings District
First Schedule
Servient Land
Area
m2 Being
4670 Part Section 13, Block XVI, Maungaharuru Survey District; marked "A" on S.O. Plan 11044 (part C.T. H4/1468).
Second Schedule
Dominant Land
Area
ha Being
159.9140 Section 6, Block XVI, Maungaharuru Survey District (part Proclamation 2142).
Third Schedule
Rights and Powers
Use of the right of way shall be restricted to the provision of access for soil conservation purposes, including the removal of logs from the Tangoio Soil Conservation Reserve and:
(a) to restrict the use of the right of way to the Hawke's Bay Regional Council's officers, workmen, agents or contractors;
(b) to construct and maintain the private way as it is necessary for the purposes of access to the Tangoio Soil Conservation Reserve; and
(c) the costs of forming and maintaining the private way shall be borne in all things by the Hawke's Bay Regional Council.
The Hawke's Bay Regional Council in exercising any rights shall cause as little damage, disturbance, inconvenience and interruption to the servient land as is reasonably necessary, and forthwith make good any damage done to the servient land and to the occupier of the servient land.
If any dispute or difference arises between any of the parties from time to time to the rights herein created or anything to be done or undertaken pursuant to this right of way, such shall be referred to arbitration in the manner provided by the Arbitration Act 1908 or any re-enactment thereof.
Except as modified herein, the rights and powers set out in the Seventh Schedule of the Land Transfer Act 1952 shall be implied on the foregoing easement.
Dated at Christchurch this 10th day of September 2001.
S. R. GILBERT, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/1998/1034/A)