NEW ZEALAND GAZETTE

No. 126

use and enjoyment by the grantee of the rights and
privileges hereby acquired.
Dated at Wellington this 25th day of August 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3603)

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free use and enjoyment by the grantee of the rights
and privileges hereby acquired.
Dated at Wellington this 25th day of August 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3603)

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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 Noel Mervyn Baird (“the grantor”)
described in the Second Schedule to this notice on the terms
and conditions described in the Third 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.

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, an easement in gross is
acquired for drainage purposes over the land of Christopher
David Mitchell and Kim Ellen Mitchell (“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

m²

366 Part Lot 3, D.P. 8304; marked “G” on S.O. Plan
10817 (part C.T. 135/142), and now known as
“Section 7” 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 grantor, his
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 that part of Lot 3,
D.P. 8304 (C.T. 135/142), marked “O” on S.O. Plan 10817
(“the maintenance easement land”) for the purposes of
constructing and maintaining a drain alongside it.

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 grantor shall keep the maintenance easement land clear
of all trees, vegetation, overhanging branches and other
obstructions at all times. The grantor’s 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

Hawke’s Bay Land District—Hastings District

First 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 that part of Lot
117, Block 11, D.P. 362 (C.T. A3/1151); marked “D” on
S.O. Plan 10779 (“the maintenance easement land”) for the
purposes of constructing the adjoining drain known as
the Southland Drain.

Second 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 shall cause as little disturbance as possible to
the surface of the land and shall ensure that the surface is
restored as nearly as possible to its original condition and
that other damage done by reason of the aforesaid operations
is repaired.

The grantors shall keep the maintenance easement land clear
of all trees, vegetation, overhanging branches and other
obstructions at all times and 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 use
and enjoyment by the grantee of the rights and privileges
hereby acquired.

Nothing contained herein shall prevent the grantors from
grazing horses on the maintenance easement land and the
word “vegetation” contained herein does not include
“pasture”. The grantee shall give reasonable notice to the
grantors of its intention to enter upon the maintenance
easement land provided however that the requirement for
reasonable notice shall not be deemed to be a prevention or
interference with the free right of way over the maintenance