Pursuant to sections 20(1) 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, pursuant to an agreement to that effect having been entered into, the easement described in the First Schedule to this notice (“Easement”) is acquired for the purposes of the Havelock North Water Supply and shall vest in the Hastings District Council (“Council”) on the date of publication of this notice in the New Zealand Gazette.
Hawke’s Bay Land District—Hastings District
A right to convey water and a right of way easement in gross over the part marked “E” on SO 493082 (“Easement Land”) over the land described in the Second Schedule to this notice, upon the terms and conditions set out in the Third Schedule to this notice.
The Servient Land
Lot 6 DP 28721 (Computer Freehold Register HBY3/40) (“Owner’s Land”).
Terms and Conditions
1. Right of Way
The Council shall have full free, uninterrupted, unrestricted access without charge over and along the Easement Land, together with its servants and agents from time to time, and at all times without obstruction or restriction, with or without vehicles for all purposes necessary or convenient to the exercise by the Council of its rights herein. The Council shall not have the rights and powers implied in easements of right of way as set out in the rights and powers implied in Schedule 5 of the Property Law Act 2007 or Schedule 4 of the Land Transfer Regulations 2002, which are hereby negatived. The right of way granted herein shall be subject to the following restrictions:
- The Council shall proceed quietly at all times along the right of way so far as the circumstances, including the type of vehicle, allow and shall cause as little disturbance to the registered proprietor of the land described in the Second Schedule (“Owner”) as is reasonably possible.
- Persons using the right of way under the rights granted herein shall identify themselves to the Owner, or to any agent of the Owner, if requested to do so and shall demonstrate that they have both the right and the need to use it.
2. Right to Convey Water
The Council shall have the full, free, uninterrupted, and unrestricted right, liberty, and privilege, together with its servants and agents from time to time, and at all times to take, convey, and lead water in a free and unimpeded flow (except when the flow is halted for any reasonable period necessary for essential repairs) and in any quantity from the source of supply or point of entry, as the case may be, and following the stipulated course across the Easement Land together with the following additional rights:
- To use any line of pipes already laid on the stipulated course or any pipe or pipes in replacement or in substitution for all or any of those pipes.
- Where no such line of pipes exists, to lay, place, and maintain, or to have laid, placed, and maintained, a line of pipes of a sufficient internal diameter and of suitable material for the purpose under or over the surface (as the parties decide) of the Easement Land.
- In order to construct or maintain the efficiency of any such line of pipes or pipe line the full, free, uninterrupted, and unrestricted right, liberty, and privilege for the Council, its tenants, servants, agents, and workmen, with any tools, implements, machinery, vehicles, or equipment of whatsoever nature necessary for the purpose, to enter upon the Easement Land and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining and renewing the water pipeline or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the Owner’s Land and that the surface is restored as nearly as possible to its original condition and any other damage done by reason of the aforesaid operations is repaired.
3. Council Covenants
(3.1) The Council will fully repair any damage caused to the Owner’s Land and any fixtures following undertaking of the works from time to time and reinstate all asphalt and concrete driveways, fences and garden areas damaged during the works.
(3.2) The Council will not in carrying out the works interfere with the rights of any third parties which are established by easement registered over the Owner’s Land.
(3.3) The Council will in undertaking the works cause as little damage and inconvenience as is reasonably practicable to the Owner’s Land and the Owner’s use of their land.
4. Restrictions on Owner’s Use
The Owner will not do anything on the Easement Land that will interfere with or affect the full and free use and enjoyment by the Council of the rights and privileges granted under this easement.
(5.1) The Council shall indemnify the Owner against any and all liability, claims, costs, expenses and obligations of whatsoever nature (except to the extent that such liability is the proximate result of the Owner’s negligent actions or wilful misconduct) which may be made against the Owner or against any of the Owner’s assets, including the Servient Land, to the full extent that such liability expense or loss arises out of or in connection with any negligent act or omission of the Council or the Council’s employees, independent contractors, agents, invitees, suppliers, labourers or other representatives.
6. General Provisions
(6.1) The Council will repair and make good all damages to fences, gates and structures upon the Easement Land directly caused by the Council undertaking any works in terms of the foregoing provisions.
(6.2) All equipment placed by the Council on any part of the Easement Land will remain the property of the Council and no part of it will become a fixture on the Owner’s Land.
Dated at Wellington this 21st day of December 2016.
N. RANDRUP, for the Minister for Land Information.