Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Sanket Palshikar, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the First Schedule to this notice is acquired 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 and shall vest in the Whanganui District Council (“Grantee”) on the date of publication hereof in the New Zealand Gazette.
Wellington Land District—Whanganui District
Right to drain water shown marked “A” on SO 562809.
Lot 2 DP 401099, part Record of Title 402366.
Easement Rights and Powers of the Easement
1.1 In this easement unless the context indicates otherwise:
drainage path means the overland flow path for the water on the surface of the easement area;
water includes rain, storm, spring, soakage or seepage water, as well as water accumulated on other land and from any public street.
Terms and Conditions of Easement
1. The easement shall contain the rights and powers implied into rights to drain water and into all classes of easements by Schedule 5 to the Land Transfer Regulations 2018 (“Regulations”) with the following modifications and additions:
2. In addition to the rights set out in clause 4 of Schedule 5 of the Regulations, the grantor grants to the grantee the right to:
2.1 Direct or divert water across; and
2.2 Concentrate and detain water into
the drainage path through the outlet pipe of the easement area, without obstruction and in any quantity.
3. The grantee also has the right to enter the easement area and any other parts of the Burdened land as are reasonable to do the following work:
3.1 To inspect, maintain, repair and dig out the drainage path; and
3.2 To do anything else in the full exercise of the rights in this easement,
with the grantee’s agents, contractors and employees, and with or without tools, plant, equipment and vehicles.
4. The grantee has no obligation to direct, divert, detain, concentrate or drain water on or over the surface of the easement area continuously or at all.
The meaning of any words in this easement shall be that given in clause 1 of Schedule 5 of the Regulations where applicable.
5. Where the terms of this easement are in conflict with the Regulations the terms of this easement shall prevail.
Dated at Wellington this 21st day of July 2021.
S. PALSHIKAR, for the Minister for Land Information.