Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ainslie Drysdale, Land Information
New Zealand, declares that, pursuant to agreements to that effect having been entered into, the easements in gross described in the First and Second Schedules to this notice are acquired over the land of:
(a) Havelock North Bowling Club Incorporated
("The First Grantor"); and
(b) Peter Albert Gough and Deborah Lee Gough
("The Second Grantor"); and
(c) Wayne Fix and Feen Gek Yu ("The Third Grantor"); and
(d) Stanley Russell Hohneck, Elizabeth May Hohneck and Eric Gordon Borrie ("The Fourth Grantor"); and
(e) Duncan Mark Ives and Kelly Anne Ives ("The Fifth Grantor"); and
(f) Alison Mary Owens ("The Sixth Grantor"); and
(g) Craig David Thompson, Tanja Klumpers, Bart Klumpers and Marijke Cornelia Klumpers ("The Seventh Grantor")
(the First, Second, Third, Fourth, Fifth, Sixth and Seventh Grantors to be known as "The Grantor"); for the purpose of the right to drain sewage on upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Hastings District Council ("The Grantee") on the date of publication hereof in the New Zealand Gazette.
Hawke’s Bay Land District-Hastings District
First Schedule
The Easement Land
The First Grantor’s Land:
Part Lot 15 DP 14837 (Computer Freehold Register HBG4/207); marked "A" on SO 434766.
Part Lot 16 DP 14837 (Computer Freehold Register HBG4/208); marked "B" on SO 434766.
Part Lot 1 DP 3363 (Computer Freehold Register HBBl/89l); marked "C" on SO 434766.
The Second Grantor’s Land:
Part Lot 2 DP 9688 (Computer Freehold Register HB170/55); marked "A" on SO 434737.
The Third Grantor’s Land:
Part Lot 2 DP 26339 (Computer Freehold Register HBW1/870); marked "B" on SO 434748.
The Fourth Grantor’s Land:
Part Lot 1 DP 26339 (Computer Freehold Register HBW1/869); marked "A" on SO 434748.
The Fifth Grantor’s Land:
Part Lot 4 DP 15574 (Computer Freehold Register HBH2/1178); marked "A" on SO 434746.
The Sixth Grantor’s Land:
Part Lot 48 Deeds Plan 552 (Computer Freehold Register HB116/207); marked "F" on SO 435155.
The Seventh Grantor’s Land:
Part Lot 1 DP 9921 (Computer Freehold Register HB181/5); marked "A" on SO 434740.
Second Schedule
Easements to be Acquired in Gross
A right to drain sewage over the easement land, upon the terms and conditions in Schedule 4 of the Land Transfer Regulations 2002 ("the Regulations") together with those additional terms in the Third Schedule to this notice
(where the additional terms are inconsistent with those in the Regulations, the additional terms shall apply).
Third Schedule
Additional Terms and Conditions for Right to Drain Sewage Easement in Gross
A. The rights and powers contained in the Land Transfer Regulations 2002 are amended as follows:
Clause 5.1 is removed and replaced with the following:
"5.1 A right to drain sewage includes the right for
the Grantee and such persons as the Grantee authorises to drain, discharge, and convey
sewage and other waste materials and waste fluids through the easement facility and over the servient land."
B. The provisions of Schedule 4 to the Regulations are to be read subject to the additional terms and conditions for right to drain sewage:
"1. The Grantor covenants with the Grantee that it will not:
1.1 Do or allow to be done anything on the
servient land which may damage or obstruct
the easement facility or which may prevent the Grantee from obtaining reasonable access to
the easement facility;
1.2 Plant or allow to be planted any tree, shrub
or other plant or construct or allow to be constructed any building, fence or other erection on the servient land which might damage
or obstruct the easement facility or prevent
the Grantee from obtaining reasonable access
to the easement facility.
2. Should the Grantor act in breach of the preceding covenants the Grantee may:
2.1 Take all reasonable steps to prevent the activity done by the Grantor or allowed to be done by the Grantor which, in the Grantee’s reasonable opinion, may damage or obstruct the easement facility or prevent access to it, at the cost of
the Grantor.
2.2 Remove any tree, shrub, plant, building, fence or other erection from the stipulated course which, in the Grantee’s reasonable opinion, may damage or obstruct the easement facility or prevent access to it, at the Grantor’s cost.
3. The Grantor shall not be entitled to compensation
for any reasonable action taken by the Grantee to prevent any activity or remove any obstruction in accordance with clause 2.
4. The Grantee may enter on to the servient land to
access other properties upon which a sewer owned, operated or managed by the Grantee is located."
Dated at Wellington this 14th day of March 2011.
A. DRYSDALE, for the Minister for Land Information.
(LINZ CPC/2005/10889)