NEW ZEALAND GAZETTE, No. 14 — 18 FEBRUARY 2016

Second Schedule

Easements in Gross Acquired

1. A right of way easement in gross over those parts of land marked “H” and “J” on DP 489230; and
2. A right to drain water easement in gross over those parts of land marked “H” and “J” on DP 489230 upon the terms and conditions described in Schedule 4 of the Land Transfer Act Regulations 2002 (“Regulations”) together with those additional terms set out in the Third and Fourth Schedules to this notice. Where the additional terms are inconsistent with those contained in the Regulations then the additional terms shall apply.

Third Schedule

Additional Terms and Conditions for Both Easements

A. The provisions of clause 11(1) and 11(2) of Schedule 4 to the Regulations are to be read subject to the following:

(1) Any maintenance, repair or replacement of any easement facility and any associated costs shall be borne by the Grantee and Grantor for the time being on a fair and reasonable basis, having regard to use and subject always to clause (2) below.

(2) Any maintenance, repair or replacement of any easement facility and any associated costs that are necessary because of any act or omission by the Grantor or the Grantee (and any of their tenants, licensees, agents, employees, contractors or invitees) must be carried out promptly by the Grantor or Grantee at their sole cost or in such fair proportion as relates to the act or omission.

B. The provisions of Schedule 4 to the Regulations are to be read subject to the following:

(1) The Grantee may have entry to the servient land and the stipulated course only if the Grantee:

(a) Is in the course of constructing, replacing, repairing, maintaining or inspecting the Orbel stormwater drain which includes the open drain and the piped drain laid beneath the open drain which is located on the stipulated course as well as neighbouring properties;

(b) wishes or is required to carry out any repair to or maintenance of the easement facility in accordance with the terms of the easement; and

(c) is passing through the servient land to a neighbouring property so that it may carry out the activities contained in clause (a) and (b) of this clause.

(2) Except in cases of emergency, the Grantee shall give the Grantor not less than one week’s notice that it intends to enter onto the servient land or stipulated course.

(3) When entering onto the servient land or stipulated course the Grantee will take reasonable care not to interfere with any commercial activity being carried out on the servient land by the Grantor or the Grantor’s tenant.

Fourth Schedule

Additional Terms and Conditions for Right of Way

A. Clause 6(2)(b) of Schedule 4 to the Regulations is deleted.

Dated at Wellington this 12th day of February 2016.

J. ENOKA, for the Minister for Land Information.
(LINZ CPC/2005/10889)

2016-ln868

Land Declared Road—Hokio Beach Road, Horowhenua District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Enoka, Land Information New Zealand, declares the land described in the Schedule to this notice to be road which shall vest in the Horowhenua District Council on the date of publication hereof in the New Zealand Gazette.

Wellington Land District—Horowhenua District

Schedule

Land Declared Road

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