Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natalie Randrup, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right to convey water easement in gross is hereby acquired over the land described in the Schedule to this notice in favour of the Hastings District Council, upon the terms and conditions set out in Schedule 4 to the Land Transfer Regulations 2002, except that paragraph 3(1) of Schedule 4 to the Land Transfer Regulations 2002 is deleted and the following clause shall apply:

1. A right to convey water includes the right for the Grantee and such persons the Grantee authorises, to take and convey water in free and unimpeded flow from the source of supply or point of entry through the easement facility and over the servient land; and
2. Additional terms and conditions for the right to convey water created by this notice:
   1. The Grantor covenants with the Grantee that it will not:
      1. Do or allow to be done anything on the land described in the Schedule to this notice which may damage or obstruct the easement facility or which may prevent the Grantee from obtaining reasonable access to the easement facility; and
      2. Plant or allow to be planted any tree, shrub or other plant or construct or allow to be constructed any building, fence or other erection on the land described in the Schedule to this notice which might damage or obstruct the easement facility or prevent the Grantee from obtaining reasonable access to the easement facility.
   2. Should the Grantor act in breach of the preceding covenants the Grantee may:
      1. Take all reasonable steps to prevent the activity done by the Grantor or allowed to be done by the Grantor which, in the Grantee’s reasonable opinion, may damage or obstruct the easement facility or prevent access to it, at the cost of the Grantor; and
      2. Remove any tree, shrub, plant, building, fence or other erection from the land described in the Schedule to this notice which, in the Grantee’s reasonable opinion, may damage or obstruct the easement facility or prevent access to it, at the Grantor’s cost; and
      3. The Grantor shall not be entitled to compensation for any reasonable action taken by the Grantee to prevent any activity or remove any obstruction in accordance with this clause

on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

Schedule

Description

Part Lot 1 DP 445332; marked “A” on SO 464758 (part Computer Freehold Register 559922).

Part Lot 4 DP 27704; marked “B” on SO 464758 (part Computer Freehold Register HBW4/686).

Dated at Wellington this 3rd day of December 2015.

N. RANDRUP, for the Minister for Land Information.

(LINZ CPC/2005/10889)