Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easements in gross described in the First Schedule to this notice are acquired for water supply purposes on the terms set out in the Second Schedule to this notice over the land of Nicholas Chan (1/2 share) and Peter Michael Maxted (1/2 share) ("the grantor") described in the Third Schedule to this notice ("the easement land"), vesting in the Hastings District Council ("the council") on the date of publication of this notice in the New Zealand Gazette.
Hawke's Bay Land District-Hastings District
First Schedule
Easement to be Acquired-Right to Take and Convey Water
(a) The right to take and convey water at all times in any quantity and in a free and unimpeded flow through a line or lines of pipes along the easement land.
(b) The right to maintain a 150 millimetre diameter water pipe along the easement land with a minimum cover of 750 millimetres.
(c) The right to enter on the easement land (at such times, upon such notice and by such route as is reasonable
in the circumstances) with any tools, equipment, machinery and vehicles as are necessary and to
remain there for any reasonable time for the purpose of laying, inspecting, cleaning, repairing, maintaining and renewing the pipes, and to dig up the soil of the easement land to the extent necessary and reasonable. In doing so, the council shall cause as little disturbance as reasonably possible to the surface of the easement land and shall restore the surface of the same as nearly as possible to its original condition and shall restore any other consequential damage.
Second Schedule
Terms and Conditions
(a) No power is implied for the grantor to terminate the easement rights for breach of any provision in this notice by the council or for any other cause, it being the intention of the parties that the easement rights will continue forever unless surrendered.
(b) The grantor will not do anything which interferes with or restricts the rights of the council or other authorised persons in relation to any of the easement rights.
(c) The easement rights are in substitution for those set out in the Fourth Schedule to the Land Transfer Regulations 2002.
Default
(d) If either party fails ("the defaulting party") to perform or join with the other party ("the other party") in performing any obligation under this transfer, the following provisions will apply:
(i) The other party may serve a written notice on the defaulting party (a "default notice") specifying
the default and requiring the defaulting party to perform or to join in performing the obligation and stating that, after expiry of one month from service of the default notice, the other party may perform the obligation;
(ii) If, after the expiry of one month from service of
the default notice, the defaulting party has not performed or joined in performing the obligation, the other party may:
1. Perform the obligation; and
2. For that purpose enter on to the dominant land or the servient land;
(iii) The defaulting party shall pay to the other party the costs of the default notice and the costs of the other party in performing the obligation of the defaulting party within one month of receiving written notice of the other party's costs; and
(iv) The other party may recover any money payable under section (d) (iii) from the defaulting party as a liquidated debt.
Disputes
(e) If any dispute arises between the grantor and the council concerning the rights created by this transfer, the parties shall enter into negotiations in good faith to resolve their dispute. If the dispute is not resolved within one month of the date on which the parties begin their negotiations, the parties shall submit to the arbitration
of an independent arbitrator appointed jointly by the parties, and if one cannot be agreed upon within 14 days, to an independent arbitrator appointed by the president for the time being of the District Law Society in which the servient land is situated. Such arbitration will be determined in accordance with the Arbitration Act
1908 and its amendments or any enactment passed in substitution.
Third Schedule
Easement Land
Part Lot 2, D.P. 24016 (part C.T. V1/1161); marked "B" on S.O. Plan 10804.
Dated at Wellington this 10th day of July 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/99/3481)