The applicant described below has applied under section 115 of the Land Transfer Act 2017 for the removal of an easement. The applicant claims the right to take and convey water is redundant by reason of the circumstances set out below.
I intend to remove the right to take and convey water on 26 April 2022 if no objections have been received by 22 April 2022. You may object by giving notice to the Registrar-General of Land.
Land Registration District: Hawke’s Bay
Application Number: 12343373.1
Applicant: Western Hills Holdings Limited, c/- Willis Legal, Private Bag 6018, Napier 6018.
Easement: Right to take and convey water over part Lot 2 DP 559656 marked A on DP 559656 in Record of Title (RT) 985829 owned by Western Hills Holdings Limited for the benefit of Lot 12 DP 340594 in RT 166849 owned by J. A. Van Der Linden, A. M. Van Der Linden and S. A. Greer, Lot 13 DP 340594 in RT 166850 owned by B. R. M. Robb, J. R. Robb and M. V. Robb, Lot 14 DP 340594 in RT 166851 owned by B. P. McAleer, Marewa Trustees 2014 Limited, R. J. McAleer, Lot 15 DP 340594 in RT 166852 owned by A. E. K. Burn and Sainsbury Reid Trustee Company Limited, Lot 16 DP 340594 in RT 166853 owned by P. Turner and R. S. Turner, Lot 17 DP 340594 in RT 166854 owned by F. P. Koenders and R. L. Koenders, Lot 18 DP 340594 in RT 166855 owned by G. D. Dick, L. M. King and M. B. King, Lot 19 DP 340594 in RT 166856 owned by Clere Trustee Limited, N. J. Clere and W. M. Clere, Lot 20 DP 340594 in RT 166857 owned by M. M. Mouritsen and N. Mouritsen, Lot 21 DP 340594 in RT 166858 owned by R. O. Woodman, Lot 22 DP 340594 in RT 166859 owned by M. J. McKinley and N. M. McKinley, Lot 23 DP 340594 in RT 166860 owned by L. J. Martis and S. A. Martis, Lot 24 DP 340594 in RT 166861 owned by A. S. Nattrass and M. E. Nattrass, Lot 25 DP 340594 in RT 166862 owned by D. K. Hutt and W. J. Hutt, Lot 26 DP 340594 in R. T. 166863 owned by CDT2 Limited and R. A. Williams-McLay, Lot 27 DP 340594 in RT 166864 owned by N. G. Barron and T. M. Barron, Lot 28 DP 340594 in RT 166865 owned by J. Xu and L. Mo, Lot 29 DP 340594 in RT 166866 owned by Accountant Trustee Limited, C. L. Cornelius and C. A. Cornelius, Lot 30 DP 340594 in RT 166867 owned by Napier Independent Trustees No. 4 Limited, W. B. Currie and W. G. Currie, Lot 31 DP 340594 in RT 166868 owned by A. R. Goodrick and K. S. J. Smart, Lot 32 DP 340594 in RT 166869 owned by S. J. Bridgeman, Lot 33 DP 340594 in RT 166870 owned by C. S. Peach and J. A. Peach, Lot 34 DP 340594 in RT 166871 owned by J. M. Carney and J. J. Carney, Lot 35 DP 340594 in RT 166872 owned by Shaw Properties NZ Limited, Lot 36 DP 340594 in RT 166873 owned by D. J Anderson, P. A. Anderson and WTR Trustee (2015) Limited, Lot 39 DP 340594 in RT 166874 owned by G. M. McLeod and S. A. Tibbitts, Lot 40 DP 340594 in RT 166875 owned by L. H. Davies and P. F. Davies, Lot 41 DP 340594 in RT 166876 owned by Merlot Corporate Trustee Limited, Lot 42 DP 340594 in RT 166877 owned by H. E. August, Lot 43 DP 340594 in RT 166878 owned by B. M. Hogan and G. F. Hogan, Lot 44 DP 340594 in RT 166879 owned by J. A. Rose, K. R. Rodel and M. I. Rodel, Lot 45 DP 340594 in RT 166880 owned by ASH Trustee Company Limited, A. B. Richards and D. J. Richards, Lot 46 DP 340594 in RT 166881 owned by D. J. Mackintosh and S. P. Lunn, Lot 47 DP 340594 in RT 166882 owned by A. P. Spence, M. P. Spence and R. M. Kennedy, Lot 48 DP 340594 in RT 166883 owned by Hawke’s Bay Legal Trustees (2013) Limited, I. C. Ainsworth, R. E. Ainsworth, Lot 49 DP 340594 in RT 166884 owned by A. O. Young, Napier Independent Trustees No. 4 Limited and S. W. Young, Lot 50 DP 340594 in RT 166885 owned by R. A. Wells and T. M. Wells, Lot 52 DP 340594 in RT 166887 owned by Summerset Villages (Napier) Limited, Lot 3 DP 364963 in RT 263710 owned by Summerset Villages (Napier) Limited, Lot 37 DP 364963 in RT 263711 owned by T. J. Foley and L. A. Foley, Lot 38 DP 364963 in RT 263712 owned by C. A. Bridgman, V. L. Bridgman and CDT 6 Limited, Lots 54 and 55 DP 340594 in RT 196276 and RT 196277 owned by Napier City Council created by Transfer 360121.2 registered on 21 December 1978 at 9.03am.
Circumstances: The easement is extinguished because it is redundant in that the benefited land no longer adjoins the burdened land by subdivision on DP 340594, as a result the easement has no practical effect.
Dated at Land Information New Zealand, Christchurch, this 23rd day of March 2022.
AUDREY WONG, for Registrar-General of Land.