Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Janine Stocker, 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 described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in Her Majesty The Queen for use in connection with a road (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
Hawke’s Bay Land District—Hastings District
The Grantor’s Land
Lots 1–3 Deposited Plan 23031, comprised in Record of Title HBP3/1257.
Easement in Gross Acquired
A right to drain water easement in gross over that part of Lot 1 DP 23031 marked “A” on SO 538106.
Easement Rights and Powers and Covenants
The Easement shall contain the rights and powers implied into a right to drain water by the Fifth Schedule to the Land Transfer Regulations 2018 (“Regulations”) with the following modifications:
- easement facility in relation to the right to drain water means culvert outlet structures, filtered fabrics, rock rip rap, engineered fill, riparian planting, open channels, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution.
- The words “from the benefited land” in clause 4(1) of the Land Transfer Regulations 2018 shall be deleted for the purposes of this Easement.
- The words “the benefited land or” in clause 10(4) of the Land Transfer Regulations 2018 shall be deleted for the purposes of this Easement.
- 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 9th day of June 2021.
JANINE STOCKER, for the Minister for Land Information.