Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Nina Weir, 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 of John Humphrey Hayes and Independent Trustee Services Limited (“the Grantor”) 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 Whanganui District Council for the Kai Iwi Water Main Project (“the Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Whanganui District

First Schedule

The Grantor’s Land

Lot 3 DP 71421 comprised in Record of Title WN41A/629 and Part Lot 2 DP 71421 comprised in Record of Title WN41A/628.

Second Schedule

Easement in Gross Acquired

A right to convey water easement in gross over that part of the Grantors land marked “A” and “B” on SO 564311 (“the Easement”).

Third Schedule

Easement Rights and Powers

1. The Easement shall contain the rights and powers implied into such easements by Schedule 4 to the Land Transfer Regulations 2002 (“Land Transfer Regulations 2002”) with the following modifications:
2. The words “to the dominant land” in clause 3(1) of the Land Transfer Regulations 2002, shall be deleted for the purposes of this easement.
3. The rights and powers set out in this instrument are in addition to those set out in the Land Transfer Regulations 2002, and where the terms of this instrument are in conflict with the Land Transfer Regulations 2002, the terms of this instrument shall prevail.

Dated at Wellington this 5th day of October 2022.

NINA WEIR, for the Minister for Land Information.

(LINZ CPC/2005/10911)