21 FEBRUARY 2013 NEW ZEALAND GAZETTE, No. 21

Land Acquired for Sewage Purposes—St Michaels Avenue, Bethlehem, Tauranga City

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, William Malcolm Naik, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for sewage purposes and shall vest in the Tauranga City Council, subject to easement instrument 7415296.3, on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Tauranga City

Schedule

Dated at Wellington this 19th day of February 2013.

W. M. NAIK, for the Minister for Land Information.
(LINZ CPC/2005/10907)

Easement Acquired for Drainage Rights—Elwood Road, 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, William Malcolm Naik, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of The Hawke’s Bay Polo Club (Inc.) as to a one-half share and Hastings Rugby & Sports Club Incorporated as to a one-half share (“The Grantor”) described in the First Schedule to this notice for the purposes of a right to drain storm water easement in gross upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Hawke’s Bay Regional Council (“the Grantee”) on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

First Schedule

The Grantor’s Land
Lot 1 DP 16537 being the land contained in Computer Freehold Register HBJ2/24.

Second Schedule

Easement to be Acquired
A right to drain storm water easement in gross over that part of the land marked “A” on DP 448486.

Third Schedule

Definitions, Terms and Conditions

“Easement” means the easement granted under this instrument;

“Easement Land” means the land described in the Second Schedule to this instrument;

“Easement Facility” means the buried stormwater pipe within the easement land;

“Land” means the land described in the First Schedule to this instrument;

“PWA” means the Public Works Act 1981, including all amendments and any Act passed in substitution for it;

“SCRCA” means the Soil Conservation and Rivers Control Act 1941, including all amendments and any Act passed in substitution for it.

Rights and Powers

The Easement shall contain the rights and powers implied in such easements to drain water by the Fourth Schedule to the Land Transfer Regulations 2002 together with the additional rights set out herein.

In the event of any conflict between the Fourth Schedule to the Land Transfer Regulations 2002 and the additional rights set out in the Third Schedule to this notice, the provisions of the additional rights set out herein shall prevail.

Additional Rights and Powers

A. The full free right liberty and authority in perpetuity for the Grantee and its engineers, contractors, officers, agents and workmen to do and carry out the following on the Easement Land:

(a) To enter on the Easement Land by its engineers, officers, agents, and workmen to go, pass and repass with or without machinery or vehicles over and along the Easement Land at any time, and from time to time.

(b) To delegate to any territorial authority as defined in the Local Government Act 2002 that is a Catchment Board under the SCRCA or any successor thereto the rights and powers conferred by this grant.

(c) To remain on the Easement Land and do all things as are necessary to maintain grasses thereon, and to inspect the state of the Easement Facility, and to reconstruct and maintain the Easement Facility on the Easement Land in a state of efficiency including repairing, altering, or reconstructing the Easement Facility.

(d) To prescribe conditions on which other subsoil drainage structures may be connected or continue to be connected with any constructed buried watercourse on the Easement Land.

(e) To prohibit or regulate the erection of any structure or fences on the Easement Land.

(f) To prohibit or regulate the excavation and cultivation of land on the Easement Land.

(g) To prohibit or regulate the use of the Easement Land by the Grantor and to require the Grantor to use the Easement Land solely for playing sport, polo and the annual A&P show and at all times to comply with the directions of the Grantee in respect to the use of Easement Land so that the Easement Land shall be maintained and kept in such manner that the Easement Facility is maintained in a state of effectiveness.

(h) To regulate the cultivation of the Easement Land by the Grantor with proper regard to the timing and circumstances to prevent erosion of and avoid deposits in water courses, and control floods.

(i) To prohibit the lighting of fires on the Easement Land except under such circumstances and subject to such limitations, conditions, and restrictions as may be prescribed by the Grantee.

(j) Generally to require the doing on or in respect of the Easement Land of any act or thing which may be likely to damage or threaten the effectiveness of the Easement Facility.

B. The Grantor must not:

(a) Construct any buildings, nor install any equipment, fitting or fixture or excavate the Easement Land or alter, remove or otherwise deal with the subsoil or contours of the Easement Land without the prior written permission of the Grantee.