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:

1. the land described in the First Schedule to this notice is hereby acquired for soil conservation and river control purposes and shall vest in the Hawke’s Bay Regional Council; and
2. a right of way, right to drain water and right to convey electricity and telecommunications easement in gross is hereby acquired over the land described in the Second Schedule to this notice in favour of the Hawke’s Bay Regional Council, upon the terms and conditions set out in Schedule 4 to the Land Transfer Regulations 2002, except that Schedule 4 to the Land Transfer Regulations 2002 is modified by this notice and the following shall apply:
   1. The full free liberty and authority for the Grantee and its engineers, contractors, officers, agents and workmen to do and carry out the following on the land described in the Second Schedule to this notice (“Easement Land”):
      1. To enter on the Easement Land by its engineers, officers, agents, and workmen to go, pass over and along the Easement Land at any time, and from time to time, with or without machinery or vehicles;
      2. To delegate to any territorial authority as defined in the Local Government Act 2002 that is a Catchment Board under SCRCA or any successor thereto the rights and powers conferred by this grant;
      3. To maintain the Awanui North Feeder Drain in a state of good hydraulic efficiency in accordance with the Heretaunga Plains Flood Control and Drainage Scheme Asset Management Plan;
      4. To prevent or regulate the erection of any structure or fences on the Easement Land;
      5. To regulate the use of the Easement Land by the Grantor and to require the Grantor at all times to comply with the directions of the Grantee in respect to the use of the Easement Land so that the Easement Land shall be maintained and kept in such manner that ensures the integrity of the Awanui North Feeder Drain and access along its Right Bank to the Awanui North Pumping Station;
      6. To prevent the cultivation of the Easement Land by the Grantor;
      7. To prevent the lighting of fires on the Easement Land except under such circumstances and subject to such limitations, conditions, and restrictions as may be prescribed by the Grantee; and
      8. Generally to require the doing on or in respect of the Easement Land of any act or thing which may be likely to prevent or mitigate soil erosion or promote soil conservation or the control of floods and to prohibit the doing on or in respect of the Easement Land of any act or thing which may be likely to facilitate soil erosion or floods or in any way damage or threaten the effectiveness of the drainage and flood control assets thereon.
   2. The Grantor must not:
      1. Construct any buildings or structures, nor install any permanent equipment, fitting or fixture on the Easement Land;
      2. Excavate the Easement Land, or remove any soil therefrom, or alter the contour or carry out any earthworks of any nature whatsoever on the Easement Land;
      3. Stockpile or permit the stockpiling of any soil, sand, or gravel, or other substance on the Easement Land;
      4. Stockpile or allow the stockpiling of any vegetative matter or light any fire on the Easement Land;
      5. Plant, establish, or allow to become established any cultivated or natural vegetation, including trees or shrubs, unless such planting forms part of a recognised and approved environmental programme and has the written permission of the Grantee;
      6. Allow, do, or permit to be done anything upon the Easement Land that may adversely affect the integrity of the flood control assets thereon; or
      7. Damage, or cause or permit to be damaged, any fence erected by the Grantee along the boundary of the Easement Land.
   3. It is agreed between the parties that:
      1. All references to the Grantor shall include his successors in title; and
      2. The Grantor may continue to have vehicle and pedestrian access across the Awanui North Feeder Drain on the Easement Land at the crossing points existing at the time of this agreement and any replacements thereof that may be authorised by the Grantee.
   4. Where there is a conflict between the provisions of Schedule 4 to the Land Transfer Regulations 2002 and the modification by this notice to Schedule 4 to the Land Transfer Regulations 2002, the modification in this notice is to prevail

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

Hawke’s Bay Land District—Hastings District

First Schedule

Land Acquired for Soil Conservation and River Control Purposes

Second Schedule

Right of Way Easement Acquired

Part Lot 1 DP 431741; marked “A” on SO 490698 (part Computer Freehold Register 522394).

Dated at Wellington this 21st day of December 2015.

N. RANDRUP, for the Minister for Land Information.

(LINZ CPC/2005/10893)