Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired, with the benefit of a fencing covenant described in the Second Schedule hereto (held appurtenant to the land described in the First Schedule) over the land described in the Third Schedule hereto, for a local purpose (drainage) reserve and is vested in Tauranga City Council on the date of publication of this notice in the
New Zealand Gazette.
South Auckland Land District-Tauranga City
Schedule
Land Acquired for Local Purpose Reserve (Drainage)
Area ha Description
1.3950 Part Lot 2, DP S92379; shown as Section 1 on SO 329295 (part Computer Register SA73A/589).
1.0400 Part Lot 3, DP S58657; shown as Section 2 on SO 329295 (part Computer Register SA51B/588).
Second Schedule
Fencing Covenant
The Parties
"The council" is Tauranga City Council, a local authority constituted under the Local Government Act 2002.
"The owners" are the registered proprietors of all the land contained in part Lot 2, DP S92379, being the balance of the land contained in Computer Register SA73A/589 and part Lot 3, DP S58657, being the balance of the land contained in Computer Register SA51B/588.
The Parties' Covenant
1. The council, and its successors in title, shall not be
liable nor called on to erect or repair or contribute to costs of work as defined in the Fencing Act 1978 on
any boundary fence between the land described in the First Schedule hereto and the land described in the Third Schedule hereto. The benefit of this covenant shall not inure for the benefit of any subsequent purchaser for the value of the land described in the First Schedule hereto.
2. This covenant runs with the land described in the Third Schedule and binds the owners and all subsequent owners of the land described in the Third Schedule hereto.
Third Schedule
Land Over Which the Benefit of a Fencing Covenant
is Acquired
Part Lot 2, DP S92379, being the balance of the land contained in Computer Register SA73A/589 and part Lot 3, DP S58657, being the balance of the land contained in Computer Register SA51B/588.
Dated at Wellington this 21st day of July 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1998/1286/B)