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 is acquired over the land of Anita Jean Worthington and Paul Harry Worthington (“Grantors”), being the land described in the First Schedule to this notice, for water drainage purposes upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Hastings District Council (“Grantee”) on the date of publication hereof in the New Zealand Gazette.
Hawke’s Bay Land District—Hastings District
The Grantors’ Land
Lot 1 DP 9929 (Computer Freehold Register HB179/88).
Easement to be Acquired
A right to drain water easement in gross over that part of the Easement Land marked “B” on SO 506039 (“easement”).
Easement Rights and Powers
- The easement shall contain the rights and powers implied into such easements by the Fourth Schedule to the Land Transfer Regulations 2002 (“Land Transfer Regulations”) with the following modifications:
- The words “from the dominant land” in clause 4(1) of the Land Transfer Regulations shall be deleted for the purposes of this easement.
- The provisions of clause 11(2) of the Land Transfer Regulations are deleted and replaced with the following:
- If the grantee (or grantees if more than one) and the grantor share the use of the easement facility, the grantee is responsible for the repair and maintenance of the easement facility and for the associated cost, so as to keep the facility in good order and to prevent it from becoming a danger of nuisance, provided always that any maintenance, repair or replacement of any easement facility and any associated costs that are necessary because of an act or omission by the grantor or grantee (and their tenants, licensees, agents, employees, contractors and invitees) must be carried out promptly by the grantor or grantee at the sole cost, or in fair proportion as relates to the act or omission.
- The rights and powers set out in this instrument are in addition to those set out in the Fourth Schedule to the Land Transfer Regulations 2002 and where the terms of this instrument are in conflict with the Land Transfer Regulations 2002 the terms of this instrument shall prevail.
Dated at Wellington this 8th day of December 2016.
N. RANDRUP, for the Minister for Land Information.