Notice Type
Land Notices
Notice Title

Land to be Acquired for Reservoir and Easements to be Acquired for Electricity and Right of Way—Wairoa District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Janine Stocker, Land Information New Zealand:

  1. Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for reservoir and shall vest in the Wairoa District Council;
  2. Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, a right of way easement in gross described in the Second Schedule to this notice is granted in favour of the Wairoa District Council upon the terms and conditions set out in the Fourth Schedule to this notice; and
  3. Pursuant to sections 20 and 28, declares the electricity easements described in the Third Schedule to this notice are granted on the terms and conditions set out in the Fifth Schedule to this notice

on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Wairoa District

First Schedule

Land to be Acquired for Reservoir


0.4125 Part Lot 1 DP 482067; shown as Section 1 on SO 502813 (part Record of Title 677473).

Second Schedule

Right of Way Easement in Gross



Burdened Land


Right of Way

A on SO 502813

Section 2 SO 502813

Wairoa District Council

Third Schedule

Right to Convey Electricity Easement in Gross



Burdened Land


Right to convey electricity

E on SO 502813

Lot 6 DP 483727

Wairoa District Council

F on SO 502813

Part Rural Section 14 Clyde (Section 2 SO 9428)

I on SO 502813

Lot 1 DP 17128

G on SO 502813

Section 2 SO 502813

H and J on SO 502813

Lot 2 DP 17128

A on SO 523416

Section 2 SO 502813

Fourth Schedule

Conditions of Right of Way Easement

  1. Any terms used in this easement that are defined in the Land Transfer Regulations 2018 (called “the Regulations”) shall take those meanings.
  2. Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by the Regulations
  3. The terms of this Access Easement shall be the same as those of a Right of Way as defined in the Regulations.
  4. Where there is a conflict between the provisions of the Fifth Schedule to the Regulations and the modifications set out herein, the modifications shall prevail.
  5. “Grantor” means the owners, and their successors in title to the land currently held in Record of Title 677473.
  6. “Grantee” means Wairoa District Council and includes its successors, assigns and licensees.
  7. The words “in common with the grantor and other persons to whom the grantor may grant similar rights” in clause 6(1) of the Fifth Schedule of the Regulations shall be deleted for the purposes of this easement.
  8. The Grantee shall have the full free right, liberty and licence at all times together with its engineers, surveyors, servants, agents, employees, workmen, contractors and invitees with or without vehicles laden or unladen and with materials, tools, machinery and implements:
    1. to lay, construct and maintain a driveway on, in over and under the soil of the easement land;
    2. to remove any natural or cultivated vegetation grown or improvement placed or constructed on the easement land which interferes with the rights granted by the easement.
    3. to enter and remain upon the easement land to do and perform such acts or things upon the easement land as may be necessary to enable the Grantee to receive the full free use and enjoyment of the rights and privileges granted under this easement;
  9. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.
  10. All rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or by statute independently of this grant of easement.
  11. The Grantor covenants with the Grantee:
    1. not to grow or permit to be grown any natural or cultivated vegetation including trees and shrubs on the easement land;
    2. not to place any buildings, erect fences or other permanent structures on the easement land;
    3. to waive and not at any to time claim any compensation from the Grantee under the provisions of any other statute or regulation whatsoever;
    4. not at any time to commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected; and
    5. to repair any damage to the easement land caused by the Grantor.
  12. The Grantee covenants with the Grantor.

Fifth Schedule

Conditions of Right to Convey Electricity Easement

The rights and powers implied for the Right to convey electricity easements are those prescribed by the Land Transfer Regulations 2018.

Dated at Wellington this 17th day of April 2019.

JANINE STOCKER, for the Minister for Land Information.