Hastings District
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, a right to drain water easement in gross is acquired for drainage purposes on
the terms set out in the First Schedule to this notice over:
(a) The land of Ken Man Lop Gee and Eileen Gee
("the grantors") firstly described in the Second Schedule to this notice ("the easement land"); and
(b) The land of Ken Gee and Eileen Gee ("the grantors") secondly described in the Second Schedule to this notice ("the easement land")
and vesting in the Hastings District Council ("the council") on the date of publication in the New Zealand Gazette.
Hawke's Bay Land District-Hastings District
First Schedule
Terms and Conditions
(a) The right to drain water shall contain all the rights and powers as set out in the Fourth Schedule to the Land Transfer Regulations 2002 except clause 14 thereof which shall be substituted by clause (b) of this Schedule.
(b) Any dispute or difference arising out of or in connection with this easement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current arbitration protocol of the Arbitrators' and Mediators' Institute of New Zealand Incorporated. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within 21 days, then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Incorporated.
(c) The grantors shall not suffer any act or thing which will unreasonably interfere with the rights granted to the council by the within easement. The grantors shall not erect or allow to be erected on the easement land any building, structure, plant or other thing which might cause damage to the council's pipeline laid within the easement land.
Second Schedule
Easement Land
Part Lot 41, D.P. 752 (part C.T. E4/835); marked "A" on S.O. Plan 312326.
Part Lots 43 and 44, D.P. 752 (part C.T. D2/957); marked "C" on S.O. Plan 312326.
Dated at Wellington this 18th day of August 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/98/1037)