8 DECEMBER
NEW ZEALAND GAZETTE
4355

(a) To convey water unimpeded along a course on the attached plan and referred to in the First Schedule herein.

(b) The rights and powers set out in paragraphs 2 and 5 of the Seventh Schedule of the Land Transfer Act 1952 (but amended insofar as the rights and powers are not in common with the grantor) and including the rights to use, occupy, construct, maintain, reconstruct and carry out such works as the Crown considers necessary or desirable on or in the pipeline including structures and works for water flow control and supply, turnouts, monitoring and discharges.

(c) To monitor and control its water flows and to carry out viewing, surveillance and monitoring of its pipeline and associated works on the land.

(d) To enter the said land and to have access across the said land by the most practicable and reasonable route.

(e) To erect and maintain such fixtures or markers as may be necessary to indicate the location of the pipeline and associated works provided that such fixtures or markers do not interfere with the reasonable management of the said land.

(f) To generally do anything necessary or convenient for the full exercise of the rights under this agreement and to give full effect to the purposes of the agreement.

2.2 In exercising its rights and powers under the agreement, the Crown shall:

(a) Cause as little disruption and disturbance to the occupation and enjoyment by the Owner of the said land as is reasonably possible.

(b) Cause as little damage to the said land and the surface of it as is reasonably possible.

(c) Make good any damage cause by it during the exercise of its rights and powers under this agreement to any pasture, cultivation, crop or trees of any kind for the time being sown or growing or in the course of being harvested upon the Owner’s land or to any buildings, erections and fences on such land, or alternatively the Crown may at its option compensate the Owner for any such damage.

2.3:

(a) When the Crown requires entry with machinery on the Owner’s land to carry out construction, maintenance or renewal works, it shall where practicable, except when urgent work is required due to an emergency, give to the owners or occupiers of the land not less than 48 hours notice by ordinary letter or telephone prior to such works being undertaken.

(b) If the owners or occupiers have received such notice the owners or occupiers shall notify the Crown, prior to the entry and work being undertaken, of the presence of pipes or other underground facilities in the said land and if the owners or occupiers fail to notify the Crown then the Crown will not be liable for any damage it may cause to such underground pipes or underground facilities.

2.4:

(a) The boundaries of the easement shall not be fenced and the owners or occupiers of the land shall have the right to use the easement area with respect to which the easement applies but subject to the provisions of these presents and the balance of this clause 2.4.

(b) The owners shall not do, or permit to be done, anything including planting trees or constructing works or buildings which will prevent or interfere with the free passage of water along the stipulated course or prevent or interfere with the Crown’s full rights of access to its pipeline or associated works and full use by it of its rights created by these presents and shall nor interfere with the support, structure or integrity of the Crown’s pipeline or associated works or damage them.

(c) If the owners or occupiers (including any person acting on the owner’s instructions or behalf or at the Owner’s request or with the Owner’s consent or acquiescence) shall in any way damage the pipeline or associated works the liability of the Owner in respect of such damage shall be as follows:

(i) If the owners shall have previously obtained a written consent from the Crown authorising the owners to carry out any particular work within, or in proximity to, the easement area and in the course of carrying out such work in compliance with the conditions recorded in such consent, damage occurs, then the Owner shall not be liable for the costs of and incidental to repairing such damage.

(ii) If, prior to commencement of any work within, or in proximity to, the easement area, the owners fail to obtain such consent in writing from the Crown, or if having obtained such consent, the owners fail to comply with the terms and conditions of such consent and if the Crown’s pipeline or associated works are damaged as a consequence of such work then the owners shall be liable for the first two thousand dollars ($2,000.00) only in the cost of making good such damage and incidental loss which may have been suffered by the Crown PROVIDED THAT the aforesaid limitation of liability to two thousand dollars ($2,000.00) to be borne by the owners as aforesaid shall be adjusted upwards automatically on an annual basis by relating the same to movements in the General Consumer Prices Index (C.P.I.) for New Zealand published from time to time by the New Zealand Department of Statistics to establish at any given time in the future the then value of the aforesaid sum of two thousand dollars ($2,000.00). Such adjustments shall be made on the basis of movements in the C.P.I. for twelve (12) month periods ending on the 31st day of March in each and every year the first such adjustment to be made for the year ending 31 March 1989.

Dated at Auckland this 2nd day of December 1994.

G. A. DAWSON, Manager, Lands and Property.

(DOSLI Ak. D.O. 25/32/23)

In8897

Land Acquired for Road, St Aubyn Street East—Hastings 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 an agreement to that effect having been entered into, the land described in the Schedule is acquired for road which shall vest in The Hastings District Council on the date of publication in the New Zealand Gazette.

Schedule

Hawke’s Bay Land District

Area m² Being

35 Part Lot 1, D.P. 12263 (part C.T. D1/1368); marked “G” on S.O. 10490.

30 Part Lot 3, D.P. 14672 (part C.T. G3/649); marked “H” on S.O. 10490.

Dated at Napier this 30th day of November 1994.

P. H. GRAHAM, District Solicitor.

(DOSLI Na. D.O. 7975–C/353000)

In8848