NEW ZEALAND GAZETTE

No. 139

Schedule

Hawke’s Bay Land District

S.O. 10694 is held in the office of the Chief Surveyor at Napier.

Dated at Napier this 30th day of September 1996. IAN GORDON BATES, Crown Property Officer.

(LINZ Na. D.O. 5350-T/3530-002)

Declaring Land and Easement Over Land to be Acquired for Reserve Purposes—Matai Moana, Dannevirke District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Crown Property Officer, Land Information New Zealand, Napier, declares an agreement to that effect having been entered into:

1. Subject to the provisions of the Sixth Schedule, the land in the First Schedule is acquired for reserve purposes and shall vest in the Crown on the date of publication hereto in the New Zealand Gazette:

   (a) The covenants described in the Second Schedule.

   (b) The reserved easements described in the Third and Fourth Schedules.

2. Subject to the provisions of the Sixth Schedule an easement for a vehicular right of way is acquired for reserve purposes and shall vest in the Crown on the date of publication hereto in the New Zealand Gazette (and may be surrendered at any time by notice in the New Zealand Gazette) over the land described in the Fifth Schedule, to be forever appurtenant to the land first described in the First Schedule (now known as Section 1, S.O. 10657), such right to be on the terms described in the Fifth Schedule.

First Schedule

Hawke’s Bay Land District

(Land Acquired)

All those pieces of land described as follows:

All situated in Block XVI, Motuotaraia Survey District.

ha | 36.5188 Part Lot 1, D.P. 2268; marked “A” on S.O. 10654, situated in Blocks XI, XII, XVI, Motuotaraia Survey District.
m² | 4093 Part Lot 1, D.D.P. 411; marked “B” on S.O. Plan 10654, situated in Block XI, Motuotaraia Survey District.

As shown on the above plans lodged in the office of the Chief Surveyor at Napier.

Second Schedule

Covenant as to Access

The Crown covenants in respect of the land described first to fourth inclusive in the First Schedule (called the restricted land) with the registered proprietors of the land described below (called the land to benefit) forever that the public has no right of access to the restricted land provided always that the said registered proprietors, their employees and invitees may enter onto the restricted land.

Land to Benefit

All those pieces of land described as follows:

1.0434 Parts Sections 31 and 32, Eparaima Bush; balance C.T. 47/258.
7.2848 Part Rural Section 19, Eparaima Bush; balance C.T. G1/1464.
1.3241 Balance D.P. 2454; balance C.T. G1/1465.
441.2276 Part Lot 1 and Lot 6, D.P. 2268; balance C.T. G1/1466.
8.8423 Lot 2, D.P. 700; all C.T. 111/167.

Covenant as to Fencing

The Crown covenants in respect of the land described in the First Schedule (called the reserve land) with the registered proprietors of the land to benefit that:

(a) The said registered proprietors shall not be liable to pay or contribute towards the expense of erecting any fence along the boundary of the reserve land and any contiguous Land to Benefit and any existing internal fences within the reserve land.

(b) The Crown shall maintain any fence already or subsequently erected along such boundary to a good stock proof standard.

(c) The Crown shall not be liable for any replacement or repair to any fence which may become necessary through any omission, neglect or default on the part of the said registered proprietors of the land to benefit or their employees, invitees or persons for whom they are responsible in which case the said registered proprietors of the land to benefit shall bear the whole costs of such replacement or repair.

Third Schedule

Easement to Convey Water

The registered proprietors of the land to benefit described in the Second Schedule reserve to themselves and their successors (called the owner), the perpetual and exclusive right to convey water by means of pipes either above or below ground through that part of Section 3, S.O. 10657; marked “Y” on S.O. 10657 and through Section 1 and Section 2, S.O. 10654; marked “A” and “B” on S.O. 10654 (called the water servient land), to the intent that this reserved right shall be forever appurtenant to the land described as land to benefit in the Second Schedule, on the following terms:

(a) The owner may enter the water servient land at any time to install, replace, repair, maintain or renew any