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:
(a) The land described in the First Schedule to this notice is acquired for drainage purposes and vested in Hastings District Council; and
(b) An easement in gross is acquired for drainage purposes over the land of Mavis Macky D'Ath and Graham Hunter Throp ("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
Area m2 Being
1519 Part Lot 1, D.P. 2296; marked "C" on S.O. Plan 10766 (part C.T. G2/834), and now known as "Section 1" on S.O. Plan 10766.
741 Lot 3, D.P. 15067; marked "D" on S.O. Plan 10766 (part C.T. H1/959), and now known as "Section 2" on S.O. Plan 10766.
402 Part Lot 71, D.D.P. 83B; marked "B" on S.O. Plan 10765 (part C.T. 170/194); now known as "Section 1" on S.O. Plan 10765.
2300 Part Lot 46, D.D.P. 83B; marked "H" on S.O. Plan 10817 (part C.T. A1/629), and now known as "Section 8" on S.O. Plan 10817.
Second 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 the following land:
Part Lot 46, D.D.P. 83B (C.T. A1/629); marked "M" on S.O. Plan 10817;
Part Lot 1, D.P. 2296 (C.T. G2/834); marked "E" on S.O. Plan 10766; and
Part Lot 71, D.D.P. 83B (C.T. 170/194); marked "F" on S.O. Plan 10765
("the maintenance easement land") for the purposes of constructing the adjoining drain known as the Southland Drain.
Third 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 may open up the soil of the maintenance easement land to such extent as may be necessary and reasonable in that regard subject to the condition that as little disturbance as possible is caused to the surface of the land, that the surface is restored as nearly as possible to its original condition and that any other damage done by reason of the aforesaid operations is repaired.
The grantee shall keep the maintenance easement land clear of all trees, vegetation, overhanging branches and other obstructions at all times. The grantors' 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.
Dated at Wellington this 25th day of August 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3603)