Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Szi Ming Lee, Land Information New Zealand:

1. pursuant to section 114, declares the land described in the First Schedule to this notice to be road and shall vest in Central Hawke’s Bay District Council;
2. pursuant to section 116, declares the road described in the Second Schedule to this notice to be stopped and, pursuant to sections 117(3)(a) and 120(3), vested and amalgamated with the land in Record of Title 597939, subject to Mortgage 10059696.2; and
3. pursuant to sections 20 and 28, an agreement to that effect having been entered into, the easement in gross described in the Third Schedule to this notice is acquired over the land described in the Fourth Schedule to this notice upon the terms and conditions set out in the Fifth Schedule to this notice and shall vest in the Central Hawke’s Bay District Council (“Grantee”)

on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Central Hawke’s Bay District

First Schedule

Land Declared Road

Second Schedule

Road Stopped and Amalgamated

Third Schedule

Easement in Gross Acquired

A right to drain water easement in gross over the areas marked C and D on SO 620441 (“Easement”).

Fourth Schedule

The Grantor’s Land

Section 2 SO 620441 and Section 6 SO 445678 (part Record of Title 597939) (“Grantor’s Land”).

Fifth Schedule

Easement Rights and Powers

The Easement shall contain the rights and powers implied into such easements by Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) as varied by the modifications set out in this Easement.

Easement Terms

1. The purpose of the easement facility is to drain water from Farm Road, which is under the control of Central Hawke’s Bay District Council (CHBDC).

2. CHBDC may exercise any of the rights and powers, and discharge any of the obligations, of the Grantee under this Easement Instrument.

3. Clause 4(1) of the Regulations is deleted and substituted as follows:

4(1) The right to drain water includes the right for the grantee, in common with the grantor, at all times, to convey water (whether soured from rain, springs, soakage or seepage) in any quantity through the easement facility and over the easement area.

The grantor must not grant or agree to any right to drain water easement or other right over the easement area without the Grantee’s consent.

4. Clause 10(1) of the Regulations is deleted and substituted as follows:

10(1) The easement includes the right for the Grantee, at its sole discretion, to:

(a) Lay, install and construct in the easement area (including the right to excavate land for the purpose of that construction) an easement facility as reasonably required by the Grantee; and

(b) Use, repair, maintain, upgrade and replace the easement facility.

5. Clauses 10(2) and 10(4) of the Regulations are deleted.

6. Clause 11 of the Regulations is deleted and substituted as follows:

11(1) Subject to subclauses (2) and (3), the Grantee will be solely responsible for maintenance and repair of the easement facility and any associated costs so as to keep the easement facility in good order and to prevent it from becoming a danger or nuisance.

11(2) Any repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor beyond reasonable use must be promptly carried out by the grantor at its sole cost.

11(3) However, if the repair and maintenance of the easement facility is only partly attributable to an act or omission by the grantor:

(a) the grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission; and

(b) the balance of those costs is payable in accordance with subclause (1).

7. Clauses 12(2), 12(3) and 12(7) of the Regulations are deleted and substituted as follows:

12(2) Except in the case of emergency or danger, the Grantee must give reasonable notice to the Grantor of its intention to enter the burdened land pursuant to subclause (1).

12(3) The Grantee will use its reasonable endeavours to ensure, in the exercise of its rights under this easement, that any interference, damage or disturbance caused to the burdened land or the Grantor is reasonably minimised.

12(7) If any damage or disturbance is caused by the Grantee in the exercise of its powers under this easement, any compensation payable (if any) will be determined in accordance with the Public Works Act 1981.

Dated at Wellington this 17th day of April 2026.

SZI MING LEE, for the Minister for Land Information.

(LINZ CPC/2005/10882)