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 an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of Wakiterangi Esther Harris and Hera Ferris acting as Court appointed agents for the registered owners (the "Grantor"), being the land described in the First Schedule to this notice for the purposes of soil conservation and river control upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Hawke’s Bay Regional Council (the "Grantee") on the date of publication hereof in the
New Zealand Gazette.
Hawke’s Bay Land District-Hastings District
First Schedule
The Grantor’s Land
1.3605 hectares, being part Pukahu Native Reserve 33F Block (Computer Freehold Register 472322).
(The Grantor’s Land to be known as "the Land".)
Second Schedule
Easement to be Acquired
An easement in gross in perpetuity for soil conservation and river control over all of the land in Computer Freehold Register 472322.
Third Schedule
Definitions
Easement means the easement granted under this notice;
Land means the land described in the First Schedule to this notice.
Stopbank Reconstruction means the reconstruction and enlargement of the existing Stopbank constructed on the Land as a defence against flooding of the Awanui Stream.
Associated Works means the construction of any fences, culverts, floodgates and the like, together with any works of an environmental nature designed to enhance the value of the Land for native flora and fauna.
SCRCA means the Soil Conservation and Rivers Control Act 1941, including all amendments and any Act passed in substitution for it.
Easement Rights and Powers
A. The full free right, liberty and authority in perpetuity
for the Grantee and its engineers, contractors, officers, agents and workmen to do and carry out the following on the Land:
(a) To enter on the Land by its engineers, officers, agents, and workmen to go, pass and re-pass with or without machinery or vehicles over and along the Land at any time, and from time to time.
(b) To delegate to any territorial authority as defined in the Local Government Act 2002 that it is a Catchment Board under the SCRCA or any successor thereto the rights and powers conferred by this grant.
(c) To enter on the Land and do all things as are necessary to maintain the vegetation thereon, and to inspect the state of the Stopbank, and to reconstruct