Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, William Malcolm Naik, 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 education purposes and vested in the Crown;
(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 for education purposes over the land of Jeremy Shaun Roddy, Eileen Roddy and Ron Longstaff Trustee Limited ("the Grantor") and being the land described in
the Second Schedule to this notice upon the terms and conditions set out in the Fourth Schedule to this notice
and shall vest in the Crown ("the Grantee")
on the date of publication hereof in the New Zealand Gazette.
Hawke’s Bay Land District-Napier City
First Schedule
Area
m2 Description
9910
Part Lot 1 DP 18697; shown as Section 1 on SO 459475 (part Computer Freehold Register HBL1/811).
Second Schedule
The Grantor’s Land
Section 2 SO 459475, being the balance of the land
in Computer Freehold Register HBL1/811 ("the Easement Land").
Third Schedule
Easement to be Acquired
A right to drain water easement in gross over that part
of the Easement Land marked "C" and "D" on SO 459475 ("the Stipulated Area") upon the terms and conditions
in Schedule 4 of the Land Transfer Regulations 2002
("the Regulations") together with those additional rights
and powers set out in the Fourth Schedule to this notice.
Fourth Schedule
Additional Terms and Conditions for Right to Drain Water Easement in Gross
1. Together with the additional rights and powers set out in this Schedule the easement shall contain the rights and powers implied into such easements by the Fourth Schedule to the Land Transfer Regulations 2002 and in the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated shall prevail.
2. The Grantee acknowledges and agrees that the easement has been granted by the Grantor specifically to enable the Grantee to drain water for education purposes and agrees that the use of the easement shall be limited to the Grantee but including the Grantee’s agents, employees, contractors, tenants and the board of trustees of Eskdale School.
3. The Grantee covenants to maintain the easement facility within the Stipulated Area. For the purposes of the
Fourth Schedule to the Land Transfer Regulations
2002, maintenance of the easement facility within the stipulated area shall include clearing blocked pipes and removing silt build up.
Dated at Wellington this 4th day of March 2013.
W. M. NAIK, for the Minister for Land Information.
(LINZ CPC/2009/13778)