Pursuant to sections 20 (1) 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 agreements to that effect having been entered into, an easement in gross is acquired for drainage purposes over the land of Christopher David Mitchell and Kim Ellen Mitchell ("the grantors") described in the First Schedule to this notice on the terms and conditions described in the Second Schedule to this notice and shall vest in the Hastings District Council
("the grantee") 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
An easement in gross to allow the grantee, its contractors, agents and employees (in common with the grantors, their tenants and any other persons lawfully entitled so to do) from time to time and at all times with any tools, implements, machinery, vehicles or equipment of whatsoever nature to enter upon and remain for any reasonable time and to pass and repass along, over and upon that part of Lot
117, Block 11, D.P. 362 (C.T. A3/1151); marked "D" on S.O. Plan 10779 ("the maintenance easement land") for the purposes of constructing the adjoining drain known as
the Southland Drain.
Second Schedule
Terms and Conditions
In order to clear, keep clear or maintain the efficiency of the said drain, the full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, its contractors, agents and employees at any time or times and with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary to enter upon the maintenance easement land and to remain there for any reasonable time.
The grantee shall cause as little disturbance as possible to the surface of the land and shall ensure that the surface is restored as nearly as possible to its original condition and that other damage done by reason of the aforesaid operations is repaired.
The grantors shall keep the maintenance easement land clear of all trees, vegetation, overhanging branches and other obstructions at all times and covenant with the grantee that they shall not at any time do or suffer any act or things which will prevent or interfere with the free right of way over the maintenance easement land or the full and free use and enjoyment by the grantee of the rights and privileges hereby acquired.
Nothing contained herein shall prevent the grantors from grazing horses on the maintenance easement land and the word "vegetation" contained herein does not include "pasture". The grantee shall give reasonable notice to the grantors of its intention to enter upon the maintenance easement land provided however that the requirement for reasonable notice shall not be deemed to be a prevention or interference with the free right of way over the maintenance easement land or the full free use and enjoyment by the grantee of the rights and privilege hereby acquired.
Dated at Wellington this 25th day of August 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3603)
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