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 over the land of Colin Armstrong Wake, Betty Margery Wake and Edwin Roger Masefield Bate ("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") for
the purposes of maintenance of the Southland Drain
("the drain")
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
1500 Part Lot 45, D.D.P. 83B; marked "I" on S.O. Plan 10817 (part C.T. 83/234), and now known as "Section 9" on S.O. Plan 10817.
16 Part Lot 49, D.D.P. 83B; marked "J" on S.O. Plan 10817 (part C.T. 109/74), and now known as "Section 10" on S.O. Plan 10817.
Second Schedule
Easement to be Acquired
The full, free, uninterrupted and unrestricted right, liberty, and privilege for the grantee, its servants, agents and workmen (in common with the grantors, their tenants and any other person lawfully entitled so to do) from time to time and at all times by day and by night to enter upon and along that part of part Lot 45, D.D.P. 83B (C.T. 83/234); marked "L" on S.O. Plan 10817 and that part of part Lot 49, D.D.P. 83B (C.T. 109/74); marked "K" on S.O. Plan 10817 ("the easement land") and to remain there for any reasonable time, with or without vehicles, motor vehicles, machinery and implements of any kind, for the purposes of clearing, inspecting, repairing, maintaining and controlling the drain.
Third Schedule
Terms and Conditions
1. The grantee may remove and dispose of any materials including vegetation in or on the easement land which does or may cause disruption or interference to the drain and the grantee's entry and use of the easement land.
2. The grantee may dig up the soil of the easement land to the extent necessary and reasonable, subject to the condition that as little disturbance as possible is caused to the surface of the easement land and that the surface is restored as nearly as possible to its original condition and any other damage done by reason of those operations is repaired.
3. The grantors shall at all times keep the easement land clear of all structures and all trees, vegetation and other obstructions which could cause damage to the drain or hinder the grantee's rights hereunder.
4. The grantors shall not at any time do or suffer any act or thing which will prevent or unreasonably interfere with the full and free use and enjoyment by the grantee or any other authorised person of the rights and privileges hereby granted.
5. No power is implied for the grantors to terminate the easement rights for breach of any provision in this easement by the grantee or for any other cause, it being the intention of the parties that the easement rights will continue forever unless surrendered.
6. The easement rights are in substitution for those set out in the Seventh Schedule to the Land Transfer Act 1952.
7. If either the grantors or the grantee fails ("the defaulting party") to perform or join with the other party ("the other party") in performing any obligation under this easement then:
(a) 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 the expiry of one month from service of the default notice, the other party may perform the obligation;
(b) 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:
(i) perform the obligation; and
(ii) for that purpose enter on to land;
(c) 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
(d) The other party may recover any money payable under paragraph (7) (c) from the defaulting party as a liquidated debt.
8. If any dispute arises between the grantors and the grantee concerning the rights created by this easement, 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 Hawke's Bay District Law Society. Such arbitration will be determined in accordance with the Arbitration Act 1996 and its amendments or any enactment passed in substitution.
Dated at Wellington this 25th day of August 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3603)