Dated at Hokitika this 17th day of December 1992.

T. A. FRASER, District Manager.

(DOSLI Hk. 7975-WDC-02)

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Amending Notice—Reconstruction of Pehiri Road at Waterfall Hill, Gisborne District

Pursuant to section 55 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Napier, hereby amends the notice dated the 16th day of November 1992, published in the New Zealand Gazette of the 10th day of December 1992, No. 201, page 4456 (IN. 11078) under the heading “Reconstruction of Pehiri Road at Waterfall Hill, Gisborne District” by:

1. Substituting “S.O. 6809” for “S.O. 6808” with reference to the area of land shown marked “K” and referred to in the Second Schedule.

2. Adding “S.O. 6809” after the reference to S.O. 6777 at the foot of the Third Schedule.

Dated at Napier this 8th day of January 1993.

P. H. GRAHAM, District Solicitor.

(DOSLI Na. D.O. 7975-C3528)

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Land Acquired for Soil Conservation and River Control Purposes at Clive

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Napier, declares that an agreement to that effect having been entered into the land described in the Schedule is acquired for soil conservation and river control purposes and shall vest in the Hawke’s Bay Regional Council on the date of publication in the Gazette.

Schedule

Hawke’s Bay Land District

Area
5022 m²

Being
Part Section 2, S.O. 10187 as shown marked “D” on S.O. 10367 held in the office of the Chief Surveyor at Napier.

Dated at Napier this 8th day of January 1993.

P. H. GRAHAM, District Solicitor.

(Na. D.O. 5350-C7087-07)

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Pipeline Easement Acquired in Block XII, Puketapu Survey District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Napier, declares that, an agreement having been entered into with the owners of the land described in the Schedule (called the grantors), the easement described in the Second Schedule hereto is acquired as an easement in gross over those parts of the land described in the First Schedule as are specified in the Second Schedule and shall vest in The Napier City Council (called the grantee), for the purposes of water or sewage reticulation on the date of publication in the Gazette. Such easement may be surrendered at any time by notice published in the Gazette.

First Schedule

Hawke’s Bay Land District

Area
ha

189.3612 Lots 1 and 3, Deposited Plan 11043, being all of the land comprised in certificate of title B2/812.

30.5991 Part Lots 1 and 2, Deposited Plan 4361, being all of the land comprised in certificate of title M3/952.

Second Schedule

Hawke’s Bay Land District

The right to convey water or drain sewage by means of underground pipes over all those pieces of land described as follows:

Part Lot 3, D.P. 11043; marked “D” on S.O. 7188.

Parts Lot 1, D.P. 11043; marked “A” and “E”, on S.O. 7188.

Part Lot 1, D.P. 4361; marked “A” and “B”, on D.P. 21241.

S.O. 7188 is held in the office of the Chief Surveyor at Napier.

The easement shall be created in terms of the rights and powers implied in such easements as set out in the Seventh Schedule to the Land Transfer Act 1952, subject to the following modifications:

1. Before entering on to the easement area the grantee shall obtain the written consent of the grantor. Such consent will not be arbitrarily or unreasonably withheld. Any such entry on to the easement area by the grantee shall only be over a route approved by the grantor.

2. Notwithstanding the provisions of condition 1. above, the council may enter the easement area without obtaining consent in an emergency. However as soon as it is practicable the grantee shall notify the grantor that entry was made and the reasons for such entry.

3. The grantee during the continuation of these rights will keep the pipeline in proper order and condition.

4. The pipeline is buried to a minimum depth of 1.25m below the surface of the land and the grantee shall ensure that any replacement pipeline is buried to a similar depth.

5. The grantor shall not prevent or interfere with the free passage of water or sewage through the pipeline. Accordingly the grantor will not erect or permit to be erected any buildings or structure or plant or permit to be planted any shrubs or the erection of fences within the easement area.

6. If the grantee no longer requires the pipeline then it shall at its expense surrender these rights. In that event it may at its option remove the pipeline or any part and make good any damage resulting from such removal but should the grantee not remove the pipeline within a reasonable time then it shall become the property of the grantor.

7. The grantee shall indemnify the grantor against any claims made against the grantor in respect of any damage resulting from the grant or exercise of the within rights except where such damage results from a negligent or willful act or omission of the grantor.

8. If by the 1st day of August 1997, the pipeline has not been used by the grantee for the purposes of conveying water or draining sewage the grantor may at any time thereafter (if the failure to use the pipeline continues) on giving 1 year’s notice in writing to the council invoke the provisions of condition 6. above whereby at the expiry of the period of the notice the grantee shall be deemed to no longer require the pipeline provided further that if at any time during the period of the notice as aforesaid the