13 JUNE 2013 NEW ZEALAND GAZETTE, No. 74 1987

(LINZ CPC/2006/11801, CPC/2006/11802, CPC/2006/11803, CPC/2006/11804, CPC/2006/11805)
ln3477

Easement Acquired for Soil Conservation and River Control Purposes—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, Erin Stephen, 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 Elwood Road Holdings Limited (“Grantor”) described in the First Schedule to this notice for the purposes of a right of way easement in gross for soil conservation and river control purposes upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Hawke’s Bay Regional Council (“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 27890 and Section 1 SO 442998, being part of the land in Computer Freehold Register HBW4/61, and Lot 11 DP 2640, being the land contained in Computer Freehold Register HBB1/270.

Second Schedule

Easement to be Acquired

A right of way easement in gross over that part of land marked “A”, “D”, “B” and “C” on DP 462077.

Third Schedule

Definitions, Terms and Conditions

“Easement” means an easement in gross for a right of way over, through and along the easement land.

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

Rights and Powers

The easement shall contain the rights and powers implied into such easements as set out in the Fourth Schedule to the Land Transfer Regulations 2002 and the Fifth Schedule of the Property Law Act 2007. Where there is a conflict between such implied rights, the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 shall prevail.

Dated at Wellington this 5th day of June 2013.

E. STEPHEN, for the Minister for Land Information.

(LINZ CPC/2005/10893)
ln3500

Acquiring a Right of Way Easement in Gross—120 and 122 Ocean View Road, Waiheke, Auckland

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the easement in gross described in the First Schedule shall vest in the Auckland Council and its successors as grantee in perpetuity on the date of publication of this notice hereof in the New Zealand Gazette, together with the rights and powers, and subject to the terms and conditions set out in the Second Schedule.

North Auckland Land District—Auckland

First Schedule

Second Schedule

Rights and Powers, and Terms and Conditions

1. Definitions
   In this easement, unless the context indicates otherwise:

   “grantee” means the Auckland Council, and includes Auckland Transport;

   “service lane” means the vehicle carriageway and associated improvements located on the stipulated area; and

   “stipulated area” means the land which is subject to the easement as described in the First Schedule.

2. Grant of Right of Way Easement
   2.1 The grantee, its employees, tenants, agents, workmen, contractors, licensees and invitees, including the general public (in common with the registered proprietor, the registered proprietor’s tenants and any other person authorised by the registered proprietor) has, as an easement in gross, the right forever:

   2.1.1 to form, construct and maintain in a proper workmanlike manner, the service lane over and along the stipulated area; and

   2.1.2 to pass and repass at all times over and along stipulated area:

     (a) on foot, with wheelchairs and prams and with or without domestic animals;
   
     (b) with motor and other vehicles, laden or unladen; and
   
     (c) with machinery, tools, implements, plant and equipment.

   2.2 The grantee also has the right, subject to section 3, to enter and remain for a reasonable time on the stipulated area or any other parts of the registered proprietor’s land as is reasonable:

   2.2.1 to construct, inspect, maintain and repair the surface of the stipulated area;

   2.2.2 leave any vehicles or equipment on the registered proprietor’s land for a reasonable period of time if work is proceeding; and

   2.2.3 to do anything else in the full exercise of its rights in this easement, with the grantee’s employees, tenants, agents, workmen, contractors, licensees and invitees, and with or without machinery, tools, implements, plant, equipment and vehicles.

   2.3 The grantee will immediately make good any damage done to the registered proprietor’s land by restoring the surface of the land as nearly as possible to its former condition.

3. Maintenance and Repair
   3.1 The grantee will be equally responsible for maintaining the surface of the stipulated area in a reasonable state of repair for the purposes for which it is used.