Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kavya Shrivastava, 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 described in the First Schedule (“Land”) for the purposes of the Feilding Industrial Wastewater and Stormwater Easement Project upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Manawatu District Council (“Council”) as Grantee on the date of publication hereof in the New Zealand Gazette.
Wellington Land District—Manawatu District
Part Lot 12 Deposited Plan 2994 (Part Record of Title WN701/28).
Part Lot 13 and Lot 14 Deposited Plan 2994 (Part Record of Title WN784/97).
Lot 1 Deposited Plan 88492 (Record of Title WN56B/17).
Lot 2 Deposited Plan 88492 (Record of Title WN56B/18).
Part Lot 16 Deposited Plan 2994 (Record of Title WN38B/294) and Section 1 SO Plan 37256 (Record of Title WN46C/899).
Lot 1 Deposited Plan 72163, Lot 3 Deposited Plan 12531 and Lot 1 Deposited Plan 19968 (Part Record of Title WN38B/293).
Lot 1 Deposited Plan 8037 and Part Lot 17 Deposited Plan 1076 (Record of Title WN28B/545); Lot 2 Deposited Plan 529612 (Part Record of Title 859986), Lot 19 Deposited Plan 1076 and Lot 3 Deposited Plan 434817 (Record of Title 531162).
Easement to be Acquired
A right to drain water easement in gross over that part of the Land marked B, D, F, H, J, L, M, O, P, R, S, T, U, V, Y, Z and AA on SO Plan 546555 (“Burdened Land”).
Right to Drain Water Easement Terms and Conditions
- The Right to Drain Water Easement shall contain the rights and powers implied into such easements by the Fifth Schedule to the Land Transfer Regulations 2018.
- The Grantor will whenever requested to do so but at the cost of the Grantee execute such further deeds and assurances as may be necessary for carrying these presents into effect.
- The rights herein granted to the Grantee are declared to be in the nature of an easement in gross but nothing shall compel the Grantee to drain water under or through the burdened land.
- The rights, immunities from liability, powers and remedies which the Grantee may now or hereafter possess or be entitled to have vested in it by virtue of any statute or at common law are not prejudiced, abrogated, limited, restricted or abridged by this grant of easement and the Grantee may exercise all or any part of the rights, privileges, liberties, powers and licences contained or implied herein either together, with or independently of any of the rights, liberties, privileges, powers, remedies and licenses vested in the Grantee at common law or by statute.
- No power is implied for the Grantor to determine this easement for any breach of covenant or for any other clause whatsoever. The Grantor and Grantee intend this easement to subsist for all time or until it is duly surrendered.
- In the event this easement is surrendered there shall be no obligation on the Grantee to remove any pipelines, conduits, manholes, valves or service boxes placed by the Grantee on or within the burdened land.
- The rights and powers set out in this instrument are in addition to those set out in the Fifth Schedule to the Land Transfer Regulations 2018 (“Fifth Schedule”) and where the terms of this instrument are in conflict with the Fifth Schedule the terms of this instrument shall prevail.
Dated at Wellington this 31st day of August 2020.
K. SHRIVASTAVA, for the Minister for Land Information.