31 JULY

NEW ZEALAND GAZETTE

Default
(d) If either party fails (“the defaulting party”) to perform
or join with the other party (“the other party”) in
performing any obligation under this transfer, the
following provisions will apply:
(i) 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 expiry of one month from service
of the default notice, the other party may perform
the obligation;
(ii) 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:

1. Perform the obligation; and
2. For that purpose enter on to the dominant land
   or the servient land;
   (iii) 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
   (iv) The other party may recover any money payable
   under section (d) (iii) from the defaulting party as a
   liquidated debt.

Disputes
(e) If any dispute arises between the grantor and the council
concerning the rights created by this transfer, 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 District Law Society in which
the servient land is situated. Such arbitration will be
determined in accordance with the Arbitration Act
1908 and its amendments or any enactment passed in
substitution.

Third Schedule
Easement Land
Part Lot 2, D.P. 24016 (part C.T. V1/1161); marked “B” on
S.O. Plan 10804.

Dated at Wellington this 10th day of July 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/99/3481)
ln4876

Easement Acquired—Whirinaki Water Supply, Hastings District
Pursuant to sections 20 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 an agreement to that effect having
been entered into, the easements in gross described in the
First and Second Schedules to this notice are acquired for
water supply purposes on the terms set out in the Third and
Fourth Schedules to this notice respectively over the land
of Nicholas Chan (1/2 share) and Peter Michael Maxted
(1/2 share) (“the grantor”) described in the Fifth Schedule to
this notice (“the easement land”), vesting in the Hastings
District Council (“the council”) on the date of publication of
this notice in the New Zealand Gazette.

2293

Hawke’s Bay Land District—Hastings District

First Schedule
Easement to be Acquired—Right to Take and Convey Water
(a) The right to take and convey water at all times in any
quantity and in a free and unimpeded flow through a
line or lines of pipes along the easement land.
(b) The right to maintain a 150 millimetre diameter water
pipe along the easement land with a minimum cover of
750 millimetres.
(c) The right to enter on the easement land (at such times,
upon such notice and by such route as is reasonable
in the circumstances) with any tools, equipment,
machinery and vehicles as are necessary and to
remain there for any reasonable time for the purpose of
laying, inspecting, cleaning, repairing, maintaining and
renewing the pipes, and to dig up the soil of the
easement land to the extent necessary and reasonable. In
doing so, the council shall cause as little disturbance as
reasonably possible to the surface of the easement land
and shall restore the surface of the same as nearly as
possible to its original condition and shall restore any
other consequential damage.

Second Schedule
Easement to be Acquired—Right to Convey Electricity
(a) The right to convey electric power at all times in any
quantity in a free and unimpeded flow along the
conduits cables or wires on the easement land.
(b) The right to use any conduits, cables or wires already
laid in, under or over the soil of the said easement land
for the purposes described in clause (a).
(c) Where no conduits, cables or wires exist, the right to
lay, or erect and maintain conduits, cables or wires
under or over the soil of the said easement land for the
purposes described in clause (a).
(d) The right to enter on the easement land (at such times,
upon such notice and by such route as is reasonable
in the circumstances) with any tools, equipment,
machinery and vehicles as are necessary and to remain
there for any reasonable time for the purpose of
laying, inspecting, cleaning repairing, maintaining and
renewing the pipes and to dig up the soil of the
easement land to the extent necessary and reasonable. In
doing so, the council shall cause as little disturbance as
reasonably possible to the surface of the easement land
and shall restore the surface of the same as nearly as
possible to its original condition and shall restore any
other consequential damage.

Third Schedule
Terms and Conditions
(a) No power is implied for the grantor to terminate the
easement rights for breach of any provision in this
notice by the council or for any other cause, it being
the intention of the parties that the easement rights will
continue forever unless surrendered.
(b) The grantor will not do anything which interferes with
or restricts the rights of the council or other authorised
persons in relation to any of the easement rights.
(c) The easement rights are in substitution for those set out
in the Fourth Schedule to the Land Transfer Regulations
2002.

Fourth Schedule
Default
(a) If either party fails (“the defaulting party”) to perform
or join with the other party (“the other party”) in
performing any obligation under this transfer, the
following provisions will apply:
(i) 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 expiry of one month from service
of the default notice, the other party may perform
the obligation;
(ii) 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:

1. Perform the obligation; and
2. For that purpose enter on to the dominant land
   or the servient land;
   (iii) 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
   (iv) The other party may recover any money payable
   under section (d) (iii) from the defaulting party as a
   liquidated debt.

Disputes
(e) If any dispute arises between the grantor and the council
concerning the rights created by this transfer, 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 District Law Society in which
the servient land is situated. Such arbitration will be
determined in accordance with the Arbitration Act
1908 and its amendments or any enactment passed in
substitution.

Third Schedule
Easement Land
Part Lot 2, D.P. 24016 (part C.T. V1/1161); marked “B” on
S.O. Plan 10804.

Dated at Wellington this 10th day of July 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/99/3481)
ln4876