Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, 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 for the purposes of the Tukituki Cycle Trail over:
(a) The land of Nina Marie Wilding, Michael John Wilding and Vincent John Unverricht ("First Grantor") described in the First Schedule; and
(b) The land of Craggy Range Vineyards Limited
("Second Grantor") described in the First Schedule
(The First and Second Grantors each to be known as the "Grantor"). This easement is to be created upon the terms
and conditions set out in the Third Schedule to this
notice and shall vest in the Hawke's Bay Regional Council and the Hastings District Council jointly and severally ("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 1 DP 442384 (Computer Freehold Register 551784).
The Second Grantor's Land
Lot 2 DP 442384 and Lot 1 DP 24839 (Computer Freehold Register 561753).
Lot 1 DP 453989 (Computer Freehold Register 582145).
(The First and Second Grantors' Land together to be known as the "Servient Tenement".)
Second Schedule
Easement to be Acquired
A Right of Way (Pedestrian and Cycle Path Access) easement in gross over that part of The Servient
Tenement marked "A", "B", "C" and "D" on SO 460785 ("The Easement Land").
Third Schedule
Interpretation
Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2002.
In this Instrument, unless the context requires otherwise:
Easement Facility means the existing paved pathway constructed on the Easement Land for pedestrian and cycle access over the Easement Land.
Easement Land means that part of the Servient Tenement shown marked "A", "B", "C" and "D" on SO 460785.
Clause 1(c) Schedule 4 of the Land Transfer Regulations 2002 is deleted.
Easement Rights and Powers and Covenants
1. Grant of Right of Way (Pedestrian and Bicycle)
1.1 The Grantor grants to the Grantee, and the general public, the full, free, uninterrupted and unrestricted right at all times to go over and along the Easement Land subject to clause 1.2;
1.2 The right of the general public to go over and along the Easement Land:
1.2.1 Is limited to the right of the general public to go over and along the Easement Land on foot and bicycles only;
1.2.2 Includes the right to go over and along the Easement Land with or without any kind of domestic animal.
1.3 The right of way granted under clause 1.1 of this Instrument includes:
1.3.1 The right for the Grantee to repair
and maintain the Easement Facility, and
(if necessary for any of those purposes)
to alter the state of the land over which the easement is granted;
1.3.2 The right for the Grantee to enter upon the Servient Tenement with or without vehicles and machinery, engineers, contractors and workers as is reasonably necessary for the purposes of laying, inspecting, replacing, enlarging, improving and maintaining the Easement Facility; and
1.3.3 The right to have the Easement Land kept clear at all times of obstructions to the use and enjoyment of the Easement Land.
1.4 Clause 6(a) Schedule 4 to the Land Transfer Regulations 2002 is deleted.
2. Repair, Maintenance and Costs
2.1 Except as provided in 2.2, the Grantee is responsible for arranging the repair and maintenance of the Easement Facility, and for the associated costs, so as to keep the Easement Facility in good order and to prevent it from becoming a danger or nuisance; and
2.2 The Grantor will be responsible for ensuring the grass on the Easement Land on either side of
the Easement Facility is regularly mown, and is
kept in good order and condition.
3. No Power to Terminate
3.1 There is no implied power in this instrument for the Grantor to terminate the easement rights due to
the Grantee breaching any term of this instrument
or for any other reason, it being the intention of
the parties that the easement rights will continue forever unless surrendered in accordance with clause 4 of this Instrument.
4. Grantee May Surrender
4.1 The Grantee:
4.1.1 May at any given time give the Grantor written notice of its intention to surrender the Grantee's rights under this Easement; and
4.1.2 May at any time more than 1 month after giving the notice, at its own cost, surrender the Grantee's rights subject to clause 4.2.
4.2 On the surrender, the Grantor:
4.2.1 Releases and discharges the Grantee from
all its obligations and liabilities under this easement in respect of the right; and
4.2.2 Must, at the Grantee's cost, execute a surrender instrument or any similar document on request by the Grantee.
4.3 Subclause 4.2 does not affect any rights or liabilities arising before the surrender.
Dated at Wellington this 19th day of August 2013.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10893, CPC/2005/10889)