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 Second Schedule to this notice is acquired over the land of:
(a) John Alexander McLennan, Susan McLennan and Kevin Barton Osborne ("The First Grantor"); and
(b) Helen Fraser ("The Second Grantor"); and
(c) Joanna Maree Ladd and Andrew Thomas Tarrant ("The Third Grantor"); and
(d) Robert Frederick Rudolph Cameron ("The Fourth Grantor"); and
(e) Jack Masterman Shaw and Raewyn Shaw ("The Fifth Grantor"); and
(f) Roderick Geoffrey Mackay Crawford, Andrea May Crawford and Hawkes Bay Nominees Limited ("The Sixth Grantor")
(the First, Second, Third, Fourth, Fifth and Sixth Grantors each to be known as "The Grantor"); being the land described in the First Schedule to this notice for the purposes of a right to drain water 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 First Grantor’s Land
Lot 2 DP 9929 (Computer Freehold Register HB179/66).
The Second Grantor’s Land
Lot 1 DP 10209 (Computer Freehold Register HB189/62).
The Third Grantor’s Land
Lot 30 DP 12942 (Computer Freehold Register HBE2/29).
The Fourth Grantor’s Land
Lot 29 DP 12942 (Computer Freehold Register HBE2/28).
The Fifth Grantor’s Land
Lot 28 DP 12942 (Computer Freehold Register HBE2/27).
The Sixth Grantor’s Land
Lot 27 DP 12942 (Computer Freehold Register HBE2/26).
(The First, Second, Third, Fourth, Fifth and Sixth Grantor’s Land together to be known as "the Easement Land".)
Second Schedule
Easement to be Acquired
A right to drain water easement in gross over that part
of the Easement Land marked "A", "B", "C", "D", "E"
and "F" on SO 420331 ("the Stipulated Course") 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 Water Easements in Gross
A. The rights and powers contained in the Regulations are amended as follows:
Clause 4.1 is removed and replaced with the following:
"4.1 A right to drain water includes the right for the Grantee and such persons the Grantee authorises to drain, discharge, and convey water (whether sourced from rain, spring, soakage or seepage),
in any quantity, through the easement facility and over the servient land."
Clauses 11.1 and 11.2 are removed and replaced with the following:
"11.1 The Grantee is responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in reasonable order."
B. The provisions of Schedule 4 to the Regulations are to be read subject to the additional terms and conditions for right to drain water:
1. The Grantor covenants with the Grantee that it will not:
1.1 Do or allow to be done anything on the Stipulated Course 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 Stipulated Course 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.
2.3 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 this clause.
3. The Grantee may enter on to the servient land
to access other properties upon which the Grantee operates a drain or stream for the purposes of inspecting, maintaining, repairing or replacing the easement facility (or other similar work) on those properties.
Dated at Wellington this 15th day of June 2012.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10889)