4 SEPTEMBER NEW ZEALAND GAZETTE 3405

obstructions which could cause damage to the drain or
hinder the grantee’s rights hereunder.

4. The grantors shall not at any time do or suffer any act or
   thing which will prevent or unreasonably interfere with
   the full and free use and enjoyment by the grantee or any
   other authorised person of the rights and privileges
   hereby granted.

5. No power is implied for the grantors to terminate the
   easement rights for breach of any provision in this
   easement by the grantee or for any other cause, it being
   the intention of the parties that the easement rights will
   continue forever unless surrendered.

6. The easement rights are in substitution for those set out
   in the Seventh Schedule to the Land Transfer Act 1952.

7. If either the grantors or the grantee fails (“the defaulting
   party”) to perform or join with the other party (“the other
   party”) in performing any obligation under this easement
   then:

(a) The other party may serve a written notice on the
defaulting party (“a default notice”) specifying
the default and requiring the defaulting party to
perform or to join in performing the obligation and
stating that, after the expiry of one month from
service of the default notice, the other party may
perform the obligation;

(b) If after the expiry of one month from service of the
default notice the defaulting party has not performed
or joined in performing the obligation, the other party
may:

(i) perform the obligation; and

(ii) for that purpose enter on to land;

(c) The defaulting party shall pay to the other party the
costs of the default notice and the costs of the other
party in performing the obligation of the defaulting
party within one month of receiving written notice
of the other party’s costs; and

(d) The other party may recover any money payable
under paragraph (7) (c) from the defaulting party as
a liquidated debt.

8. If any dispute arises between the grantors and the
   grantee concerning the rights created by this easement,
   the parties shall enter into negotiations in good faith to
   resolve their dispute. If the dispute is not resolved within
   one month of the date on which the parties begin their
   negotiations, the parties shall submit to the arbitration of
   an independent arbitrator appointed jointly by the parties
   and, if one cannot be agreed upon within 14 days, to an
   independent arbitrator appointed by the president for the
   time being of the Hawke’s Bay District Law Society.
   Such arbitration will be determined in accordance with
   the Arbitration Act 1996 and its amendments or any
   enactment passed in substitution.

Dated at Wellington this 25th day of August 2003.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3603)

ln5745

Land and Easement Acquired for Drainage
Purposes—Southland Drain, Hastings District

Pursuant to sections 20 (1) and 28 of the Public Works Act
1981, and to a delegation from the Minister for Land
Information, Ronald Alistair Jolly, Land Information
New Zealand, declares that, pursuant to agreements to that
effect having been entered into:

(a) The land described in the First Schedule to this notice
is acquired for drainage purposes and vested in Hastings
District Council; and

(b) An easement in gross is acquired for drainage
purposes over the land of Mavis Macky D’Ath and Graham
Hunter Throp (“the grantors”) described in the First
Schedule to this notice on the terms and conditions
described in the Second Schedule to this notice and shall
vest in the Hastings District Council (“the grantee”)
on the date of publication of this notice in the New Zealand
Gazette.

Hawke’s Bay Land District—Hastings District

First Schedule

Area Being
m2
1519 Part Lot 1, D.P. 2296; marked “C” on S.O. Plan
10766 (part C.T. G2/834), and now known as
“Section 1” on S.O. Plan 10766.

741 Lot 3, D.P. 15067; marked “D” on S.O. Plan
10766 (part C.T. H1/959), and now known as
“Section 2” on S.O. Plan 10766.

402 Part Lot 71, D.D.P. 83B; marked “B” on
S.O. Plan 10765 (part C.T. 170/194); now known
as “Section 1” on S.O. Plan 10765.

2300 Part Lot 46, D.D.P. 83B; marked “H” on
S.O. Plan 10817 (part C.T. A1/629), and now
known as “Section 8” on S.O. Plan 10817.

Second Schedule

Easement to be Acquired

An easement in gross to allow the grantee, its contractors,
agents and employees (in common with the grantors, their
tenants and any other persons lawfully entitled so to do)
from time to time and at all times with any tools,
implements, machinery, vehicles or equipment of whatsoever
nature to enter upon and remain for any reasonable time and
to pass and repass along over and upon the following land:

Part Lot 46, D.D.P. 83B (C.T. A1/629); marked “M” on
S.O. Plan 10817;

Part Lot 1, D.P. 2296 (C.T. G2/834); marked “E” on
S.O. Plan 10766; and

Part Lot 71, D.D.P. 83B (C.T. 170/194); marked “F” on
S.O. Plan 10765

(“the maintenance easement land”) for the purposes of
constructing the adjoining drain known as the Southland
Drain.

Third Schedule

Terms and Conditions

In order to clear, keep clear or maintain the efficiency of the
said drain, the full, free, uninterrupted and unrestricted right,
liberty and privilege for the grantee, its contractors, agents
and employees at any time or times and with any tools,
implements, machinery, vehicles or equipment of whatsoever
nature necessary to enter upon the maintenance easement
land and to remain there for any reasonable time.

The grantee may open up the soil of the maintenance
easement land to such extent as may be necessary and
reasonable in that regard subject to the condition that as
little disturbance as possible is caused to the surface of the
land, that the surface is restored as nearly as possible to its
original condition and that any other damage done by reason
of the aforesaid operations is repaired.

The grantee shall keep the maintenance easement land clear
of all trees, vegetation, overhanging branches and other
obstructions at all times. The grantors’ covenant with the
grantee that they shall not at any time do or suffer any act or
things which will prevent or interfere with the free right of
way over the maintenance easement land or the full and free