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 Gregory Kinsgford Allen, Juliet Mary Allen and Martin Roger Doole (the "Grantor") described in the First Schedule to this notice for the purposes of a right to drain water easement in gross 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-Napier City
First Schedule
The Grantor's Land
Lot 3 DP 19676 being the land contained in Computer Freehold Register HBL4/161 ("the Land").
Second Schedule
Easement to be Acquired
A right to drain water easement in gross over that part of land marked "B", "C" and "D" on DP 382178 ("the Easement Land").
Third Schedule
TERMS AND CONDITIONS
Easement Rights and Powers and Covenants
1. The easement shall contain:
1.1 The additional rights and powers set out in this Schedule ("the additional rights and powers");
1.2 The rights and powers implied into easements to drain water by the Fourth Schedule to the Land Transfer Regulations 2002 ("the implied rights and powers") except as expressly modified by this clause 2 of this Schedule ("the modifications");
1.3 And in the event of any conflict between the additional rights and powers and the modifications and the implied rights and powers, the additional rights and powers shall prevail.
Modifications to the Implied Rights and Powers
2. The implied rights and powers are modified as follows:
2.1 Subclause 4(2) is deleted and replaced with "the right to drain water is limited to the extent required by any period of necessary cleansing, maintenance, renewal, modification, upgrade, redevelopment, or repair of the easement facility";
2.2 Subclause 4(3) is deleted and replaced with
"the easement facility referred to in subclause (1)
is the easement facility already laid along the stipulated course";
2.3 Subclause 10(1)(a) is deleted and replaced with
"the right to use any easement facility already situated on the stipulated course for the purpose
of the easement granted together with the right
to maintain, renew, upgrade, modify, redevelop, and repair the easement facility".
Additional Rights and Powers
3. The Grantee may use the easement for all storm
water drainage purposes in accordance with the Local Government Act 1974, the Land Drainage Act 1908,