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 for the purposes of a pedestrian right of way and a cycle path (for use by the general public) over the land of Peter Frank Hill ("Grantor") described in the First Schedule.
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 ("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 3 DP 4063 (Computer Freehold Register HB86/188).
(The Grantor's Land to be known as the "Servient Tenement".)
Second Schedule
Easement to be Acquired
A right of way (pedestrian and cycle path) easement in gross over that part of the Servient Tenement marked "A" on SO 469868 ("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 notice, 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" on SO 469868.
Clause 1(c) Schedule 4 of the Land Transfer Regulations 2002 is deleted.
Easements Rights and Powers
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 notice 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; and
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(3)(a) Schedule 4 to the Land Transfer Regulations 2002 is deleted.
Repair, Maintenance and Costs
2.1 The Grantee is responsible for arranging the repair and maintenance of the Easement Facility, and for the associated costs, so as to keep the Easement Facility in good order and to prevent it from becoming a danger or nuisance.
2.2 The Grantee 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.
No Power to Terminate
3.1 There is no implied power in this notice for the Grantor to terminate the easement rights due to the Grantee breaching any term of this notice 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.
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 one 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.
General
5.1 The meaning of any words in this notice shall be that given in paragraph 1 Schedule 4 of the Land Transfer Regulations 2002 where applicable.
5.2 Where there is any conflict between the provisions of Schedule 4 of the Land Transfer Regulations 2002 and this notice, the provisions of this notice must prevail.
Dated at Wellington this 15th day of May 2014.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10893)