Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, 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 Napier City Council and Hastings District Council, and over the leasehold estate of Hawke's Bay Airport Limited ("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-Napier City
First Schedule
The Grantor's Land
Lots 1 and 3 DP 11043 (Computer Freehold Register HBB2/812 and Leasehold Computer Interest Register 526833).
(The Grantor's Land to be known as "Servient Tenement".)
Second Schedule
Easement to be Acquired
A right of way (pedestrian and cycle path) easement in gross over those parts of the Servient Tenement marked "A", "B", "C", "D" and "E" on SO 463767 ("Stipulated Course").
Third Schedule
Easement Rights and Powers
The right of way easement shall contain the rights and powers implied by the Fourth Schedule of the Land Transfer Regulations 2002, varied as set out below.
1. Right of Way
1.1 The Grantor grants to the Grantee the right of the Grantee, in common with the Grantor and other persons to whom the Grantor may grant similar rights, at all times, to go over and along the easement facility for use as a public pedestrian and cycle path.
1.2 Subject to clause 1.3 the right to go over and along the easement facility includes the right to go over and along the easement facility on foot or with cycles only.
1.3 The Grantee may go over or along the easement facility with motorised vehicles as is reasonably necessary to carry out maintenance, repair or improvements to the easement facility.
1.4 The right of way shall be for the use of the general public.
1.5 For the avoidance of doubt the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated, the grant not being a vehicular right of way (except for cycles and as provided at clause 1.2).
1.6 The right of way includes:
1.6.1 the right to establish a lime sand pedestrian and cycle path, to repair and maintain an existing lime sand pedestrian and cycle path, and (if necessary for any of those purposes)
to alter the state of the land over which the easement is granted; and
1.6.2 subject to clause 4, the right to have the easement facility kept clear at all times of obstructions to the use and enjoyment of the pedestrian and cycle path.
2. Repair, Maintenance and Costs
The Grantee is responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or a nuisance.
3. Deletion of Certain Implied Terms
3.1 The following clauses of the Fourth Schedule to the Land Transfer Regulations 2002 are deleted:
3.1.1 Clause 6; and
3.1.2 Clauses 11(1) and 11(2).
3.2 The meaning of any words in these special conditions shall be that given in paragraph 1 Fourth Schedule of the Land Transfer Regulations 2002 where applicable.
3.3 Where there is any conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 and this instrument, the provisions of this instrument must prevail.
4. Grantee May Surrender
4.1 The Grantee:
4.1.1 may at any 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.
Dated at Wellington this 20th day of May 2014.
T. BUCKTHOUGHT, for the Minister for Land Information.
(LINZ CPC/2005/10893)