Pursuant to sections 20 and 50 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Sanket Palshikar, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the lands described in the First Schedule to this notice are hereby acquired for education purposes, subject to Part 4A of the Conservation Act 1987, section 10 of the Crown Minerals Act 1991; and subject to all existing Encumbrances, Easements and Interests as set out on all the Records of Title in the Second Column of the First Schedule, and excluding coal and other minerals as set out in the Third Column of the First Schedule; and shall vest in Eastern Institute of Technology, subject to the encumbrance in the Second Schedule to this notice, on the 14th day after the date of publication hereof in the New Zealand Gazette.
Gisborne Land District
Land Acquired for Education Purposes
Location of Section 19 of the Public Works Act 1928 Minerals
Lot 8 DP 12805 (Record of Title HBP3/212)
Lot 1 Deposited Plan 7271 and Lot 13, Part Lot 1–4, Part Lot 12 and Part Lot 5 Deposited Plan 4846 (Record of Title HBP2/464)
For valuable consideration, the owner of all the land in the First Schedule, together with their heirs, successors and assigns (“Encumbrancer”), agrees to encumber all of the lands in the First Schedule (“Land”) for the benefit of the Her Majesty The Queen (“Encumbrancee”) for a term of 999 years from the publication date of this notice in the New Zealand Gazette, determinable under Clause 3 hereof with an annual rent charge of $1.00 to be paid in January of each year if demanded, and to covenant with the Encumbrancee to secure compliance by the Encumbrancer with the agreements set out in this encumbrance.
1. The Encumbrancer acknowledges that the covenants in this Encumbrance are of a permanent nature, and the Encumbrancer shall not be entitled to a discharge of the Encumbrance during the term, whether by payment of the total security or otherwise.
2. The Encumbrancer covenants with the Encumbrancee that:
- the Encumbrancer will not dispose of any or all of the Land without first satisfying its obligations under section 40 of the Public Works Act 1981; and
- the Encumbrancer will advise the Encumbrancee of the proposed sale; and
- if the Encumbrancer sells any or all of the Land before the expiration of five years from the date of publication of this notice in the New Zealand Gazette, the Encumbrancer shall pay 20% of the net proceeds of sale (or such lesser amount agreed by the Encumbrancee) to the Encumbrancee.
3. This rent-charge shall immediately determine and the Encumbrancer shall be entitled to a discharge of this encumbrance if the covenants expressed herein become obsolete or no longer enforceable or where any sunset provision is enacted amending section 40 of the Public Works Act 1981 which provision makes the term of this Instrument redundant.
4. The Encumbrancer shall pay its own costs incurred during the course of this encumbrance.
5. Sections 73, 75 and 208 of the Land Transfer Act 2017, and sections 23, 289 and 301–302 of the Property Law Act 2007 shall apply to this Encumbrance but otherwise (and without prejudice to the Encumbrancee’s rights of action at common law as a rent-chargee) the Encumbrancee shall not be entitled to any of the powers and remedies given to encumbrancees by the Land Transfer Act 1952 and the Encumbrancee and its successors and assigns shall not be entitled to any of the powers and remedies given to mortgagees under the Land Transfer Act 2017 or the Property Law Act 2007.
6. The Encumbrancer covenants with the Encumbrancee:
- to pay all legal costs and disbursements in the execution, registration, enforcement and any ultimate release of this Encumbrance Instrument, in respect of any consents sought by the Encumbrancer from the Encumbrancee to the registration of any instrument, and in respect of the performance and observance by the Encumbrancer of this Encumbrance Instrument including legal costs on a solicitor/client basis; and
- to otherwise indemnify the Encumbrancee against any claims, loss and expense of whatever kind incurred by the Encumbrancee as a consequence of the Encumbrancer failing to comply with this Encumbrance Instrument.
7. No delay or failure by the Encumbrancee to enforce performance of any of the covenants set out in this Encumbrance Instrument and no indulgence granted to the Encumbrancer by the Encumbrancee shall prejudice the rights of the Encumbrancee to enforce any of the covenants or provisions of the Encumbrance Instrument.
8. The Encumbrancee acknowledges that this Encumbrance does not preclude the Encumbrancer from leasing (subject to compliance with any statutory constraints) or mortgaging or allowing security of whatever kind over the Land and consent from the Encumbrancee, except in any regulatory role, shall not be required.
9. The Encumbrancer:
- acknowledges that this Encumbrance:
- has been granted for valuable consideration received, in full compensation for the grant of this Encumbrance Instrument; and
- is intended to charge the Land and bind the Encumbrancer (and successors) to perform the Encumbrancer’s obligations for the period of time set out in this Encumbrance Instrument; and
- therefore covenants with the Encumbrancee:
- not to seek to discharge, surrender, lapse, vary, amend, withdraw or remove in any manner whatsoever this Encumbrance Instrument prior to the expiry of that period of time, whether by payment of the total security or otherwise;
- to preserve for the period of time set out in this Encumbrance Instrument the integrity of the agreements in this Encumbrance Instrument; and
always to act in good faith and do all acts and things and enter into and execute all documents, instruments (including any replacement encumbrance) and/or easement or land covenant whenever reasonably required by the Encumbrancee and otherwise obtain any necessary consents all of which may be reasonably necessary and appropriate to give full force and effect to the intentions and understandings of the Encumbrancer and the Encumbrancee.
Dated at Wellington this 9th day of May 2022.
SANKET PALSHIKAR, for the Minister for Land Information New Zealand.