-Te Mata Road, Hastings District
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 an agreement to that effect having been entered into, the easement described in the First Schedule to this notice is acquired upon the terms and conditions described in the Second Schedule and shall vest in the Hastings District Council (called "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
A right to lay, use and maintain a water pipeline easement in gross over that part of Lot 7, DP 5151 (part Gazette Notice 229146); marked "A" on DP 334874 and that part of Lot
4, DP 1558 (part Gazette Notice 216879); marked "B" on DP 334874 (called "the easement land").
Second Schedule
Terms and Conditions
1. The grantee shall have the full right, liberty and licence for the grantee, its engineers, surveyors, servants, agents, employees, workmen and contractors with or without vehicles, laden or unladen with materials, machinery and implements from time to time and at all times:
(i) to lay and maintain a water culvert in and under the soil of the easement land;
(ii) to enter and remain upon the easement land to construct, maintain, inspect, repair, renew or replace the water pipeline including, where necessary, the opening up of the soil, the making of cuttings, fillings, grades, batters or trenches and to re-open the same and generally to do and perform such acts or things upon the easement land as may be necessary to enable the grantee to receive the full and free use of the rights and privileges granted by this easement, provided that on completion of any work pursuant to this easement which requires the grantee to open up the easement land or should
the grantee damage other lands of the owner of the easement land (called "the grantor"), then the grantee shall reinstate all such land as nearly as possible to its former condition.
2. The grantor will do nothing on or about the easement land whereby the passage of water through the culvert may be in any way impeded or interrupted, nor shall the grantor place any buildings or plant any tree or shrub on the easement land without the consent of the grantee which shall not be unreasonably or arbitrarily withheld.
3. For the avoidance of doubt, it is acknowledged by the grantee that:
(a) the grantor shall, in no circumstances whatsoever, have the liability to contribute towards the cost of laying, maintaining or removing the culvert;
(b) the grantee shall indemnify the grantor to the fullest extent permitted by law from any loss, harm or damage the grantor may suffer from the grant of the within easement.
4. Notwithstanding the generality of the foregoing provisions, the grantee shall at all times during the continuance of this easement:
(i) except in the case of an emergency, give to the occupier of the easement land not less than 48 hours' prior written notice of its intention to enter on to the easement land; and
(ii) in the exercise of any of the rights granted by this easement, comply with the reasonable requirements of the occupier of the easement land especially as these relate to the safety of both students and staff at the Havelock North High School; and
(iii) ensure that all manholes are secured to the greatest practicable extent, in order to prevent access by any person other than persons authorised by the grantee.
5. Any disputes or differences between the parties shall be submitted to arbitration in accordance with the provisions
of the Arbitration Act 1996 or any re-enactment or modification thereof.
6. Nothing in the foregoing sub-clause 1.5 shall prevent the parties from using alternative dispute resolution procedures as an alternative to arbitration, should this be mutually agreed.
7. Where the easements granted herein shall be at variance with those implied by the Fourth Schedule to the Land Transfer Regulations 2002, the express easements granted herein shall prevail.
Dated at Wellington this 20th day of August 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2000/5595)