Pursuant to sections 20 and 28 of the Public Works Act1981, 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 easement in gross described in the First Schedule to this notice is acquired for water supply purposes on the terms set out in the Second Schedule to
this notice over the land of Bruce Charles McGhee
("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
(a) The right to convey water for the Whirinaki water supply (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 lay and 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.
Third Schedule
Easement Land
Part Lot 1, D.P. 9877 (part C.T. 175/64); marked "C" 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)