Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Janine Stocker, Land Information New Zealand,

1. Declares that, pursuant to an agreement to that effect having been entered into, the land in the First Schedule to this notice is acquired for water supply purposes, subject to easement created by Transfer 339440.2 and shall vest in the Hastings District Council;
2. The easement described in the Third Schedule to this notice is acquired over the land of Fire and Emergency New Zealand (“grantor”) described in the Second Schedule to this notice upon the terms and conditions set out in the Fifth Schedule to this notice appurtenant to the land of the Hastings District Council (“grantee”), described in the First Schedule;
3. The easement described in the Fourth Schedule to this notice is acquired over the land of Fire and Emergency New Zealand (“grantor”) described in the Second Schedule to this notice upon the terms and conditions set out in the Sixth Schedule to this notice appurtenant to the land of the Hastings District Council (“grantee”), described in the First Schedule

on the date of publication of this notice in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

First Schedule

Land Acquired for Water Supply Purposes

Second Schedule

The Grantor’s Land

Part Lot 5 DP 14609, shown as Section 2 on SO 534195 comprised in Record of title HBH1/377 (“burdened land”).

Third Schedule

Right of Way Easements Acquired

A right of way over those parts of the burdened land marked “C” and “D” on SO 534195 (“Right of Way Easement”).

Fourth Schedule

Water, Sewage, Electricity and Telecommunications Easements Acquired

A right to convey and drain water, drain sewage and to convey electricity and telecommunications marked “C” on SO 534195 (“Right to convey water, Right to drain water, Right to drain sewage, Right to convey electricity and Right to convey telecommunications Easement”).

Fifth Schedule

Easement Rights and Powers for the Right of Way Easement

1. The Right of Way Easement shall contain the rights and powers implied into such easements by the Schedule Five to the Land Transfer Regulations 2018 (“Schedule Five”) with the following modifications:
2. Clause 11(2) of the rights, powers, terms and conditions set out in the Schedule Five to the Land Transfer Regulations 2018 (Implied Terms) is varied to read:

“(2) If the grantee (or grantees, if more than 1) and the grantor share the use of the easement facility, each of them is responsible for the repair and maintenance of the easement facility, and for the associated costs, for the purposes set out in subclause (1) in the proportions in which they use the easement facility.”

3. The following is inserted into the Implied Terms as clause 15:

“15 Burdened land is an operational fire and emergency services station

15.1 The grantee acknowledges that the burdened land is the site of an operational fire and emergency services station.

15.2 While on the burdened land, the grantee:

(a) must comply with the grantor’s reasonable access, safety and security protocols;

(b) must comply with the reasonable directions of the officer in charge at the station; and

(c) must comply with all laws.

15.3 The grantee must not:

(a) interfere with the operations or use by the grantor of the burdened land; or

(b) object to or complain about the use or development of the burdened land for or relating to a fire and emergency services station or any other any work that the grantor is empowered to undertake.”

4. The rights and powers set out in this instrument are in addition to those set out in Schedule Five and where the terms of this instrument are in conflict with the Schedule Five, the terms of this instrument shall prevail.

Sixth Schedule

Easement Rights and Powers for the Right to Convey and Drain Water, Drain Sewage and to Convey Electricity and Telecommunications

1. The Right to convey water, Right to drain water, Right to drain sewage, Right to convey electricity and Right to convey telecommunications Easement shall contain the rights and powers implied into such easements by Schedule Five to the Land Transfer Regulations 2018 (“Schedule Five”) with the following modifications:
2. Clause 11(2) of the rights, powers, terms and conditions set out in the Schedule Five to the Land Transfer Regulations 2018 (“Implied Terms”) is varied to read:

“(2) If the grantee (or grantees, if more than 1) and the grantor share the use of the easement facility, each of them is responsible for the repair and maintenance of the easement facility, and for the associated costs, for the purposes set out in subclause (1) in the proportions in which they use the easement facility.”

3. The following is inserted into the Implied Terms as clause 15:

“15 Burdened land is an operational fire and emergency services station

15.1 The grantee acknowledges that the burdened land is the site of an operational fire and emergency services station.

15.2 Before entering the burdened land for any reason, the grantee must (except in an emergency) give reasonable notice to the grantor setting out:

(a) the purpose of the grantee’s entry;

(b) the details of any proposed works to be undertaken on the burdened land; and

(c) the proposed timing and duration of entry.

15.3 While on the burdened land, the grantee:

(a) must comply with the grantor’s reasonable access, safety and security protocols;

(b) must comply with the reasonable directions of the officer in charge at the station; and

(c) must comply with all laws.

15.4 The grantor may temporarily prevent or restrict the grantee’s entry to the burdened land for the duration of any training, call-out or other emergency situation.

15.5 The grantee must not:

(a) interfere with the operations or use by the grantor of the burdened land; or

(b) object to or complain about the use or development of the burdened land for or relating to a fire and emergency services station or any other any work that the grantor is empowered to undertake.”

4. The rights and powers set out in this instrument are in addition to those set out in the Schedule Five and where the terms of this instrument are in conflict with the Schedule Five the terms of this instrument shall prevail.

Dated at Wellington this 19th day of June 2019.

JANINE STOCKER, for the Minister for Land Information.

(LINZ CPC/2005/10889)