Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Trevor Knowles, 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 Nuan Hong Su and Bi Yan Su ("Grantor") 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 Hawke's Bay Regional Council ("Grantee") on the date of publication hereof in the New Zealand Gazette.
Hawke's Bay Land District-Napier City
The Grantor's Land
Lot 3 DP 14817 being part of the land contained in Computer Freehold Register HBL4/160 ("Servient Land").
Easement to be Acquired
A right to drain water easement in gross over that part of land marked "A" on DP 382178 ("Easement Facility").
TERMS AND CONDITIONS
Easement Rights and Powers and Covenants
1. The easement shall contain:
1.1 The additional rights and powers set out in this Schedule ("the additional rights and powers");
1.2 The rights and powers implied into easements to drain water by the Fourth Schedule to the Land Transfer Regulations 2002 ("the implied rights and powers") except as expressly modified by this clause 2 of this Schedule ("the modifications");
1.3 And in the event of any conflict between the additional rights and powers and the modifications and the implied rights and powers, the additional rights and powers shall prevail.
Modifications to the Implied Rights and Powers
2. The implied rights and powers are modified as follows:
2.1 Subclause 4(2) is deleted and replaced with "the right to drain water is limited to the extent required by any period of necessary cleansing, maintenance, renewal, modification, upgrade, redevelopment, or repair of the Easement Facility".
2.2 Subclause 4(3) is deleted and replaced with "the easement facility referred to in subclause (1) is
the easement facility already laid along the stipulated course".
2.3 Subclause 10(1)(a) is deleted and replaced with "the right to use any easement facility already situated on the stipulated course for the purpose of the easement granted together with the right to maintain, renew, upgrade, modify, redevelop, and repair the easement facility".
Additional Rights and Powers
3. The Grantee may use the easement for all storm water drainage purposes in accordance with the Local Government Act 1974, the Land Drainage Act 1908, and the Soil Conservation and Rivers Control Act 1941, including any amending Act or any Act passed in substitution.
4. The Grantor covenants with the Grantee that it will not at any time:
4.1 Do or permit to be done anything on the Servient Land which may damage or obstruct the Easement Facility or which may prevent the Grantee from obtaining reasonable access to the Easement Facility.
4.2 Drive or pass, or permit to be driven or passed, any heavy equipment or machinery over the Easement Facility.
4.3 Do or permit to be done anything on the Servient Land which may interfere with or affect the full and free use and enjoyment by the Grantee of the rights, powers, licences and privileges granted under the easement.
4.4 Plant or cause or allow to be planted any permanent tree crops or deep rooted plants or trees on the Stipulated Course.
4.5 Erect or place thereon or cause or allow to be erected or placed thereon any buildings or other erections or fences (other than a boundary fence).
4.6 Claim any compensation under the provisions of any statute or regulation whatsoever, except as set out in 5.5 below.
5. The Grantee hereby covenants with the Grantor that the Grantee will:
5.1 At all times use reasonable care and skill when exercising the above rights and powers.
5.2 Avoid causing any unnecessary damage to the Servient Land and the Easement Facility.
5.3 Give prior telephoned notice (at least 48 hours) and consult the Grantor before entering the land for execution of any works except in the case of emergencies.
5.4 Repair and make good all damages to fences, gates and structures upon the Servient Land directly caused by the Grantee undertaking any works in furtherance of the rights, powers, licences and privileges granted under the easement;
5.5 Sufficiently compensate the Grantor or rectify the damage caused to the Servient Land by any subsequent maintenance or defect in the Easement Facility, where such damage has not been caused by the Grantor nor by the Grantor's lessees or invitees and the Grantor and its lessees or invitees are not responsible for such defects.
6. The Grantee may take all reasonable measures which it considers necessary for the safety of persons or property on the Servient Land including without limitation the right to erect fences, signs and notices warning of any danger.
7. The Grantor shall not be liable for any damages which may be caused to any equipment placed by the Grantee on any part of the Servient Land otherwise than through the wilful act or default of the Grantor or the Grantor's employees, contractors and other invitees.
8. All equipment placed on the Servient Land by the Grantee, its employees, contractors or any person under its control shall remain the property of the Grantee, its employees, contractors or any person under its control and shall not become a fixture on the Servient Land and upon the surrender easement, the Grantee, its employees, contractors or any person under its control shall dismantle and remove such equipment from the Servient Land.
Dated at Wellington this 9th day of January 2014.
T. KNOWLES, for the Minister for Land Information.