Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Olivia Mazey, 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 Haylee Maree Annabell (“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 the Whanganui District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Whanganui District

First Schedule

Grantor’s Land

Lot 7 DP 18713, comprised in Record of Title WN957/75 (“Burdened Land”).

Second Schedule

Easement in Gross Acquired

A right to drain water easement in gross over the land marked B on SO Plan 611954.

Third Schedule

Rights and Powers of Required Easements

The easement shall contain the rights and powers implied in rights to drain water and into all classes of easements by Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) with the following variations:

1. The Grantee shall have the right to install, lay, inspect, repair, maintain, dig up, enlarge, renew or replace the easement facility as the Grantee shall think fit. For the avoidance of doubt, the Grantor’s consent shall be deemed, for the purposes of clause 10(1)(b) of Schedule 5 to the Regulations by virtue of this easement.
2. For the purpose of installing, laying, inspecting, repairing, maintaining, digging up, enlarging, renewing or replacing the easement facility the Grantee shall have the free and uninterrupted right to enter upon the Burdened Land with such employees, agents and contractors with or without any necessary vehicles, implements, tools, materials and equipment of any kind and to open up the soil of the water easement area as shall be necessary thereto provided that the Grantee, its employees, agents and contractors in exercising any of the rights herein granted shall cause as little disturbance to the Burdened Land as reasonably possible and will immediately upon completion of any works undertaken restore the surface of the Burdened Land as far as reasonably possible to its original condition or state and for the purpose of clarification clause 12(2) of Schedule 5 to the Regulations shall not apply. The obligation imposed upon the Grantee pursuant to this clause 2 to restore the surface of the Burdened Land as far as reasonably possible to its original condition or state shall not extend to requiring the Grantee to reinstate any trees or shrubs planted or reinstate any buildings, fences, concrete works, permanent surfacing, or other erections constructed on the Burdened Land in contradiction to clause 4 herein.
3. The Grantee shall repair and maintain the easement facility in a good and efficient state of repair for the purposes for which the easement facility is designed and will take all reasonable endeavours to prevent the easement facility from becoming a nuisance.
4. The Grantor shall not nor will, without the prior consent of the Grantee, allow any trees or shrubs to be planted or erect any buildings, fences, concrete works, permanent surfacing or other erections on or over the easement area or at any time suffer or permit any act whereby the rights herein granted to the Grantee may be interfered with or affected. Despite the foregoing, the parties acknowledge that as at the date of registration of this easement there are existing trees, shrubs and fencing over part of the easement area (Grantor’s Existing Improvements) and that the Grantor’s Existing Improvements (and any maintenance or replacement of the same) are not in breach of this clause 4 provided that such Grantor’s Existing Improvements (and any maintenance or replacement of the same) do not compromise the Grantee’s ability to exercise the rights granted by this easement.

Dated at Christchurch this 11th day of February 2025.

O. MAZEY, for the Minister for Land Information.

(LINZ CPC/2005/10911)