Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Enoka, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice is acquired over the land of Andrew James Bishop and Deborah Joy Bishop (“Grantor”) described in the First Schedule to this notice for the purposes of the Orbel Stormwater Drain 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 Grantor’s Land
Lot 2 DP 28076 comprised in Computer Freehold Register 504457 (“Easement Land”).
Easement in Gross Acquired
A right of way easement in gross over those parts of land marked “G” on DP 489230, upon the terms and conditions described in Schedule 4 of the Land Transfer Act Regulations 2002 (“Regulations”) together with those additional terms set out in the Third Schedule to this notice. Where the additional terms are inconsistent with those contained in the Regulations then the additional terms shall apply.
Additional Terms and Conditions
A. The provisions of clause 11(1) and 11(2) of Schedule 4 to the Regulations are to be read subject to the following:
(1) Any maintenance, repair or replacement of any easement facility and any associated costs shall be borne by the Grantee and Grantor for the time being on a fair and reasonable basis, having regard to use and subject always to clause (2) below.
(2) Any maintenance, repair or replacement of any easement facility and any associated costs that are necessary because of any act or omission by the Grantor or the Grantee (and any of their tenants, licensees, agents, employees, contractors or invitees) must be carried out promptly by the Grantor or Grantee at their sole cost or in such fair proportion as relates to the act or omission.
B. Clause 6(2)(b) of Schedule 4 to the Regulations is deleted.
C. The provisions of Schedule 4 to the Regulations are to be read subject to the following:
(1) The Grantee may have entry to the easement facility only if the Grantee:
(a) Is in the course of constructing, replacing, repairing, maintaining or inspecting the Orbel stormwater drain which includes the open drain and the piped drain laid beneath the open drain (“Orbel Drain”) which is located on nearby properties; and
(b) wishes or is required to carry out any repair to or maintenance of the easement facility in accordance with the terms of the easement.
(2) Except in cases of emergency, the Grantee shall give the Grantor not less than one week’s notice that it intends to enter onto the easement facility.
(3) When using the easement facility the Grantee will take reasonable care not to interfere with any commercial activity being carried out on the servient land by the Grantor or the Grantor’s tenant and in particular will ensure that any continuous water supply which services the servient land is not interfered with by the Grantee.
(4) The Grantee will, without delay, repair any damage it causes to the servient land.
D. Clause 6(3)(b) of Schedule 4 to the Regulations is amended so that the Grantee is entitled to stop and park vehicles (of any kind) on the easement facility from time to time to enable it to carry out inspection, construction, repair, replacement or maintenance of the Orbel Drain.
Dated at Wellington this 12th day of February 2016.
J. ENOKA, for the Minister for Land Information.