Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand:
(a) Pursuant to section 20(1), declares that, an agreement to that effect having been entered into, the land described
in the First Schedule to this notice is acquired for soil conservation and river control and vested in the Hawke's Bay Regional Council;
(b) Pursuant to sections 20(1) and 28, declares that,
an agreement to that effect having been entered into,
the easement described in the Third Schedule to this
notice is acquired over the land of The Maori Trustee
("the Grantor") described in the Second Schedule to this notice for the purposes of soil conservation and river control an easement in gross upon the terms and conditions set
out in the Fourth 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
Land Acquired for Soil Conservation and River Control
Area
m2 Description
6346 Part Lot 1 DP 14029; shown as Section 1 on SO 394719 (part Computer Freehold Register HBG3/977).
1705 Part Kakiraawa 2B2Z2 Block; shown as Section 11 on SO 420562 (part Computer Freehold Register 352590).
1705 Part Kakiraawa 2B2N1B Block; shown as Section 12 on SO 420562 (part Computer Freehold Register HBD4/915).
1132 Part Kakiraawa 2B2O2 Block; shown as Section 13 on SO 420562 (part Computer Freehold Register HBD3/1463).
867 Part Kakiraawa 2B2O1 Block; shown as Section 14 on SO 420562 (part Computer Freehold Register HBC4/303).
463 Part Section 45 Block III Te Mata Survey District; shown as Section 15 on SO 420562 (part Computer Freehold Register HBJ2/1129).
1336 Part Pukahu 33D2H Block; shown as Section 16 on SO 431198 (part Computer Freehold Register 486502).
609 Part Pukahu 33E1B Block; shown as Section 17 on SO 431198 (part Computer Freehold Register HBD3/498).
1748 Part Pukahu 33E2B Block; shown as Section 18 on SO 431198 (part Computer Freehold Register 417809).
Second Schedule
The Grantor's Land
Area
m2 Description
1076 Part Pukahu 33B Block; shown as Section 7 on SO 431198 (part Computer Freehold Register 416289).
1871 Part Pukahu 33C Block; shown as Section 8 on SO 431198 (part Computer Freehold Register 414727).
1159 Part Pukahu 33D1 Block; shown as Section 9 on SO 431198 (part Computer Freehold Register 414736).
Third Schedule
Easement to be Acquired
Easement in gross for the purposes of soil conservation and river control over that part of land shown as sections 7-9 on SO 431198 ("the Easement Land")
Fourth Schedule
Definitions
Easement means the easement granted under this notice
Easement Land means the land described in the Second 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
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 Easement Land:
(a) To enter on the Easement Land by its engineers, officers, agents, and workmen to go, pass and
re-pass with or without machinery or vehicles over and along the Easement 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 Easement Land and do all things
as are necessary to maintain the vegetation thereon, and to inspect the state of the stopbank, and to reconstruct and maintain the stopbank on the land in a state of efficiency including repairing, altering, or reconstructing the stopbank.
(d) To fence (at the expense of the Grantee) the boundary of the Easement Land with a 7 or 8 wire legal boundary fence as described in the Second Schedule to the Fencing Act 1978.
(e) To plant, sow and maintain appropriate tree, shrub, plant or grass species on the Easement Land and to prevent interference with or the destruction thereof.
(f) To regulate and prescribe conditions on which water may be pumped, or otherwise conveyed under, through, across, or over the Easement Land to or from the Awanui Stream channel to prevent damage or degradation to the stopbank and/or stream channel.
(g) To prevent or regulate the erection of any structure or fences on the Easement Land.
(h) To prevent or regulate the excavation of land on the Easement Land.
(i) To regulate the use of the Easement Land by the Grantor and to require the Grantor at all times to comply with the directions of the Grantee with respect to the use of Easement Land so that the Easement Land shall be maintained and kept in such manner that ensures the integrity of the stopbank.
(j) To prevent the cultivation of the Easement Land by the Grantor.
(k) To prevent the lighting of fires on the Easement Land except under such circumstances and subject to such limitations, conditions, and restrictions as may be prescribed by the Grantee.
(l) Generally to require the doing on or in respect of
the Easement Land of any act or thing which may
be likely to prevent or mitigate soil erosion or promote soil conservation or the control of floods and to prohibit the doing on or in respect of
the Easement Land of any act or thing which may
be likely to facilitate soil erosion or floods or in
any way damage or threaten the effectiveness of
the stopbank.
B. The Grantor must not:
(a) Construct any buildings, nor install any permanent equipment, fitting or fixture on the Easement Land.
(b) Excavate the Easement Land, or remove any soil therefrom, or alter the contour or carry out any earthworks of any nature whatsoever on the Easement Land.
(c) Stockpile or permit the stockpiling of any soil, sand, or gravel, or other substance on the Easement Land.
(d) Stockpile or allow the stockpiling of any vegetative matter or light any fire on the Easement Land.
(e) Plant, establish, or allow to become established any cultivated or natural vegetation, including trees or shrubs, unless such planting forms part of a recognised and approved environmental programme and has the written permission of the Grantee.
(f) Allow, do, or permit to be done anything upon the Land, by which the Easement Land or the stopbank on the Easement Land or any vegetation planted
on the land, including trees and shrubs, shall be in any way damaged or which may adversely affect
the integrity of the flood control assets along the Awanui Stream.
(g) Damage, or cause or permit to be damaged, any fence erected by the Grantee along the boundary of the Easement Land.
C. All references to the Grantor shall include their successors in title.
Dated at Wellington this 9th day of January 2012.
N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2005/10893)