Pursuant to sections 20(1) and 28 of the Public Works Act 1981 and to a delegation from the Minister for Land Information, Szi Ming Lee, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the First Schedule to this notice is acquired for a public work (local purpose (community buildings) reserve) and is vested in Napier City Council, together with an appurtenant easement described in the Fourth Schedule in upon the terms and conditions set out in the Fifth Schedule to this notice, over the land of Stuart Alexander Nash and Sarah Jane Nash (“Grantor”) described in the Second Schedule to this notice, appurtenant to the land of Napier City Council (“Grantee”) described in the Third Schedule to this notice on the date of publication of this notice in the New Zealand Gazette.

Hawke’s Bay Land District—Napier City

First Schedule

The Land to be Acquired for Public Work

Second Schedule

The Burdened Land

Section 1 SO 612984.

Third Schedule

The Benefited Land

Section 2 SO 612984, Part Lot 1 DP 28641.

Fourth Schedule

Easement to be Acquired

A right to drain water over that part of Section 1 SO 612984 marked C on SO 612984 (“Easement”).

Fifth Schedule

Terms and Conditions

The rights and powers are those implied into all classes of easements by Schedule 5 to the Land Transfer Regulations 2018 (“Regulations”) with the modifications and additions as set out below:

The rights and powers are those set out in the Fifth Schedule to the Land Transfer Regulations 2018 (“Fifth Schedule”) provided that where these conflict with these modifications, the modifications must prevail.

The Grantor must not place any buildings, erections or fences or fill or other obstruction or plant or allow or suffer to grow any tree or shrub on the easement area and must not at any time do or permit or suffer any act whereby the rights powers licences and liberties granted to the Council may be interfered with or affected in any way provided always that this provision will not affect any boundary fence between the land and any adjoining land.

Any plant or equipment within the easement area used for the purposes of or in association with the easement granted herein is the property of the Council.

The Council may install under the easement area any plant or equipment as the Council deems necessary for the purposes of this easement, including any surface equipment and any devices to measure or regulate flow; and for the purposes of servicing any other land. Any such surface equipment or devices must not impede the access rights of any Grantor or Grantee of any Right of Way over the easement area shown in the Fourth Schedule.

Nothing herein contained or implied is deemed to compel the Council to drain water through the said plant or equipment and the Council may discontinue such usage and recommence such usage at will.

Nothing herein contained or implied imposes any liability upon the Grantor to contribute to the cost of any of the works hereinbefore described except where such work has been caused by the actions or omissions of the Grantor or its tenants servants agents workmen, licensees or invitees.

Nothing herein contained is deemed to abrogate limit restrict or abridge any other rights powers and remedies vested in the Council by any statute and in particular by the Public Works Act 1981, the Land Drainage Act 1908 and the Local Government Acts 1974 and 2002 or any amendment thereof or any Act or Acts passed in substitution therefor.

If the easement facility needs to be relocated or surrendered at the request of the Grantor and the Council approves that relocation or surrender (such approval not to be unreasonably withheld or delayed) the Grantor will at the Grantor’s sole cost carry out any necessary survey and legal work for the existing easement to be surrendered and, if required, a replacement easement registered. The Council’s approval of any relocation or surrender will be subject to the Council’s code of practice for subdivision and land development applicable at the time of so approving. The replacement easement, if required, must be prepared by the Council’s solicitors incorporating the Council’s standard easement conditions applicable at the time of preparation.

Except in the case of emergency, of which the Council will be the sole arbiter, the Council must give the Grantor no less than five working days’ notice before undertaking any repair, maintenance or replacement works on the easement facility.

Dated at Wellington this 2nd day of April 2026.

SZI MING LEE, for the Minister of Land Information.

(LINZ CPC/2005/10900/C)