Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Land Information, Natalie Randrup, 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 (“Easement”) is acquired in gross over the land of Jeremy Shaun Roddy, Eileen Roddy and Ron Longstaff Trustee Limited (“Grantor”) described in the First Schedule to this notice for the purposes of a right to drain water easement upon the terms and conditions set out in the Third Schedule to this notice in favour of Her Majesty The Queen (“Grantee”) for education purposes on the date of publication of this notice in the New Zealand Gazette.

Hawke’s Bay Land District—Napier City

First Schedule

The Grantor’s Land

Section 2 SO 459475 (all Computer Freehold Register 667636).

Second Schedule

Easement to be Acquired

A right to drain water in gross over that part of the land marked “J” on DP 484688 (“Stipulated Area”).

Third Schedule

Rights and Powers

1. Together with the additional rights and powers set out in this Schedule, the Easement shall contain the rights and powers implied into such easements as set out in the Fourth Schedule to the Land Transfer Regulations 2002 and, in the event of any conflict between the implied rights and powers expressly stated, the rights and powers expressly stated shall prevail.
2. Both parties acting reasonably, the Grantee covenants at the Grantor’s request to promptly:
1. remove silt from the Grantor’s open drain in the vicinity of the Stipulated Area resulting from the Grantee’s construction activities and the Grantee’s subsequent usage of the dominant land; and
2. ensure no noxious materials or fluids are allowed to drain into the Grantor’s drain or onto the servient land as a result of the Grantee’s construction activities and the Grantee’s subsequent usage of the dominant land.

Dated at Wellington this 1st day of November 2016.

N. RANDRUP, for the Minister for Land Information.

(LINZ CPC/2009/13778)