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 easements in gross described in the Second Schedule to this notice are acquired over the land of Rodney Andrew Kay and John Ashley Kay (“First Grantor”) and Viticulture Investments Limited (“Second Grantor”) (the First Grantor and the Second Grantor jointly called “Grantor”), described in the First Schedule to this notice (“Easement Land”) for the purposes of the Orbel Stormwater Drain upon the terms and conditions set out in the Second, Third and Fourth Schedules 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

First Schedule

The First Grantor’s Land

Section 7 Block XVI Heretaunga Survey District comprised in Computer Freehold Register HBF4/642.

The Second Grantor’s Land

Lot 2 DP 8502 comprised in Computer Freehold Register HBH1/59.

Second Schedule

Easements in Gross Acquired

1. A right of way easement in gross over those parts of land marked “H” and “J” on DP 489230; and

2. A right to drain water easement in gross over those parts of land marked “H” and “J” 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 and Fourth Schedules to this notice. Where the additional terms are inconsistent with those contained in the Regulations then the additional terms shall apply.

Third Schedule

Additional Terms and Conditions for Both Easements

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. The provisions of Schedule 4 to the Regulations are to be read subject to the following:

(1) The Grantee may have entry to the servient land and the stipulated course 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 which is located on the stipulated course as well as neighbouring properties;

(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; and

(c) is passing through the servient land to a neighbouring property so that it may carry out the activities contained in clause (a) and (b) of this clause.

(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 servient land or stipulated course.

(3) When entering onto the servient land or stipulated course 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.

Fourth Schedule

Additional Terms and Conditions for Right of Way

A. Clause 6(2)(b) of Schedule 4 to the Regulations is deleted.

Dated at Wellington this 12th day of February 2016.

J. ENOKA, for the Minister for Land Information.

(LINZ CPC/2005/10889)