Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand:
(a) Pursuant to section 20, and to agreements to that effect having been entered into, declares the land described in the First Schedule to this notice is hereby acquired for
the use and convenience of a road and vested in the Auckland Council;
(b) Pursuant to section 20, and to agreements to that effect having been entered into, declares the land described in the Second Schedule to this notice is hereby acquired
for stormwater management purposes and vested in the Auckland Council;
(c) Pursuant to sections 20 and 28, and to agreements
to that effect having been entered into, declares the batter easement in gross described in the Third Schedule to this notice is hereby acquired over the land and in accordance with the terms and conditions set out in the said Third Schedule and shall vest in the Auckland Council
on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Auckland
First Schedule
Land Acquired for the Use and Convenience of a Road
Area
m2 Description
3382
A 1/4 share in Lot 9 DP 105157 (part Computer Interest Register NA58A/78).
ha
1.4891 Sections 6, 7, 12-14 SO 446425 (part Computer Interest Registers NA58A/78 and NA58B/120).
Second Schedule
Land Acquired for Stormwater Management Purposes
Area
ha Description
2.3533
Sections 8 and 9 SO 446425 (part Computer Interest Registers NA58A/78 and NA58B/120).
Third Schedule
Easements in Gross to be Acquired
Description
Parts Lot 7 DP 105157; marked "A" and "B" on SO 446425 (part Computer Interest Register NA58A/78).
Part Section 3 Block X Waitemata Survey District; marked "C" on SO 446425 (part Computer Interest Register NA58B/120).
Terms and Conditions to Apply to Easements in Gross
1. The Grantee shall be entitled to deposit soil and fill and create and maintain a batter for road on the lands referred to in the Third Schedule above ("The servient land").
2. The Grantee shall have the right at all times with or without employees, contractors and agents with all necessary plant, tools and machinery to enter upon the servient land to create and maintain the batter for road or to carry out any work or excavation that may be necessary to ensure the continuing functioning of the batter.
3. The provisions of clause 12(2) to (6) in Schedule 4 to
the Land Transfer Regulations 2002 are implied into the easement.
4. The Grantee shall be responsible for the repair and maintenance of the batter and for the costs associated therewith so as to keep the batter in good condition and to prevent it from becoming a danger or a nuisance.
5. The Grantor will not at any time without the Grantee’s approval dig in the servient tenement or do or cause
to be done anything that will undermine or interfere
with the batter in its function of supporting the road
but the Grantor will be permitted to landscape or plant
in the servient tenement provided that such work does not in any way undermine the batter.
6. If the Grantor fills the land adjacent to the servient tenement or constructs a retaining wall such that all or any part of the servient tenement is no longer required then the Grantor may apply to the Grantee for the surrender of this easement and the Grantee will grant
a surrender of this easement on such reasonable terms as the Grantee may require.
Dated at Wellington this 12th day of March 2012.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10974)