NEW ZEALAND GAZETTE, No. 135 — 10 DECEMBER 2015

the Land Transfer Act 1952 or the Property Law Act 2007.

6. The Encumbrancer covenants with the Encumbrancee:
   a. to pay all legal costs and disbursements in the execution, registration, enforcement and any ultimate release of this Encumbrance Instrument, in respect of any consents sought by the Encumbrancer from the Encumbrancee to the registration of any instrument, and in respect of the performance and observance by the Encumbrancer of this Encumbrance Instrument including legal costs on a solicitor/client basis; and
   b. to otherwise indemnify the Encumbrancee against any claims, loss and expense of whatever kind incurred by the Encumbrancee as a consequence of the Encumbrancer failing to comply with this Encumbrance Instrument.

7. No delay or failure by the Encumbrancee to enforce performance of any of the covenants set out in this Encumbrance Instrument and no indulgence granted to the Encumbrancer by the Encumbrancee shall prejudice the rights of the Encumbrancee to enforce any of the covenants or provisions of the Encumbrance Instrument.

8. The Encumbrancee acknowledges that this Encumbrance does not preclude the Encumbrancer from leasing (subject to compliance with any statutory constraints) or mortgaging or allowing security of whatever kind over the Land and consent from the Encumbrancee, except in any regulatory role, shall not be required.

9. The Encumbrancer:
   a. acknowledges that this Encumbrance:
   i. has been granted for valuable consideration received, in full compensation for the grant of this Encumbrance Instrument; and
   ii. is intended to charge the Land and bind the Encumbrancer (and successors) to perform the Encumbrancer’s obligations for the period of time set out in this Encumbrance Instrument; and
   b. therefore covenants with the Encumbrancee:
   i. not to seek to discharge, surrender, lapse, vary, amend, withdraw or remove in any manner whatsoever this Encumbrance Instrument prior to the expiry of that period of time, whether by payment of the total security or otherwise;
   ii. to preserve for the period of time set out in this Encumbrance Instrument the integrity of the agreements in this Encumbrance Instrument; and
   always to act in good faith and do all acts and things and enter into and execute all documents, instruments (including any replacement encumbrance) and/or easement or land covenant whenever reasonably required by the Encumbrancee and otherwise obtain any necessary consents all of which may be reasonably necessary and appropriate to give full force and effect to the intentions and understandings of the Encumbrancer and the Encumbrancee.

Dated at Wellington this 2nd day of December 2015.

KERRY McPHAIL, for the Minister for Land Information.

(LINZ CPC/2012/16923)

2015-ln7159

Water Right Easement Acquired—192 Te Mata Peak Road and 175 Tauroa Road, Havelock North, Hawke’s Bay

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natalie Randrup, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right to convey water easement in gross is hereby acquired over the land described in the Schedule to this notice in favour of the Hastings District Council, upon the terms and conditions set out in Schedule 4 to the Land Transfer Regulations 2002, except that paragraph 3(1) of Schedule 4 to the Land Transfer Regulations 2002 is deleted and the following clause shall apply: