Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, William Malcolm Naik, 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 The Hawke’s Bay Polo Club (Inc.) as to a one-half share and Hastings Rugby & Sports Club Incorporated as to a
one-half share ("The Grantor") described in the First Schedule to this notice for the purposes of a right to drain storm 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-Hastings District
First Schedule
The Grantor’s Land
Lot 1 DP 16537 being the land contained in Computer Freehold Register HBJ2/24.
Second Schedule
Easement to be Acquired
A right to drain storm water easement in gross over that part of the land marked "A" on DP 448486.
Third Schedule
Definitions, Terms and Conditions
"Easement" means the easement granted under this instrument;
"Easement Land" means the land described in the Second Schedule to this instrument;
"Easement Facility" means the buried stormwater pipe within the easement land;
"Land" means the land described in the First Schedule to this instrument;
"PWA" means the Public Works Act 1981, including all amendments and any Act passed in substitution for it;
"SCRCA" means the Soil Conservation and Rivers Control Act 1941, including all amendments and any Act passed in substitution for it.
Rights and Powers
The Easement shall contain the rights and powers implied in such easements to drain water by the Fourth Schedule to the Land Transfer Regulations 2002 together with the additional rights set out herein.
In the event of any conflict between the Fourth Schedule to the Land Transfer Regulations 2002 and the additional rights set out in the Third Schedule to this notice, the provisions of the additional rights set out herein shall prevail.
Additional 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 repass 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 is a Catchment Board under the SCRCA or any successor thereto the rights and powers conferred by this grant.
(c) To remain on the Easement Land and do all things as are necessary to maintain grasses thereon, and to inspect the state of the Easement Facility, and
to reconstruct and maintain the Easement Facility on the Easement Land in a state of efficiency including repairing, altering, or reconstructing the Easement Facility.
(d) To prescribe conditions on which other subsoil drainage structures may be connected or continue
to be connected with any constructed buried watercourse on the Easement Land.
(e) To prohibit or regulate the erection of any structure or fences on the Easement Land.
(f) To prohibit or regulate the excavation and cultivation of land on the Easement Land.
(g) To prohibit or regulate the use of the Easement Land by the Grantor and to require the Grantor to use the Easement Land solely for playing sport, polo and
the annual A&P show and at all times to comply with the directions of the Grantee in respect to the use of Easement Land so that the Easement Land shall be maintained and kept in such manner that
the Easement Facility is maintained in a state of effectiveness.
(h) To regulate the cultivation of the Easement Land by the Grantor with proper regard to the timing and circumstances to prevent erosion of and avoid deposits in water courses, and control floods.
(i) To prohibit 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.
(j) Generally to require the doing on or in respect of the Easement Land of any act or thing which may be likely to damage or threaten the effectiveness of the Easement Facility.
B. The Grantor must not:
(a) Construct any buildings, nor install any equipment, fitting or fixture or excavate the Easement Land
or alter, remove or otherwise deal with the subsoil or contours of the Easement Land without the prior written permission of the Grantee.
(b) Carry out any works of any nature on the Land, which in any manner affects the structural integrity of the Easement Facility.
(c) Plant, establish, or allow to become established any cultivated or natural vegetation, including trees or shrubs, which may at any time damage or adversely affect the Easement Land or use thereof.
(d) Allow, do, or permit to be done anything upon the Land, by which the Easement Land or the Easement Facility shall be in any way damaged or rendered unstable or unsafe.
C. The Grantee must not:
(a) Allow, create, or permit to create an open watercourse over the Easement Land.
D. (a) The Grantor acknowledges and agrees that the works associated with the Easement creates betterment to the Land. The Grantor further agrees that they waive any right to claim the reimbursement of professional fees in excess of $400.00 plus GST associated with this agreement pursuant to section 66 of the PWA.
(b) The Grantee shall provide the Grantor with reasonable notice (at least 48 hours) and consult with the Grantor before entering the Land and the Grantee shall not enter the Land at times that may interfere with the use of the land for sport, polo and the annual A&P Show except in the case of emergencies.
E. All references to the Grantor shall include their successors in title.
Dated at Wellington this 14th day of February 2013.
W. M. NAIK, for the Minister for Land Information.
(LINZ CPC/2005/10893)