Rodney District
Pursuant to section 55 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Kerry John Twydle, Land Information New Zealand, hereby amends the Declaration dated 21 June 1994 and published in the
New Zealand Gazette dated 23 June 1994, No. 62, page 2093 and registered as D. 033038.1, North Auckland Land Registry, acquiring right of way easements in Rodney District, by:
(a) inserting in the operative clause, after the words "rights of way easements over the land" the words "firstly and secondly", and after the words "Second Schedule" the words "and the parking easement over the land thirdly described in the First Schedule containing the rights and powers set forth in the Second Schedule"; and
(b) by deleting from paragraph 1 of the Second Schedule the words "of the rights of way easements in gross over the land described in the said First Schedule as set out hereunder" and substituting the words "of the parking easement in gross and the rights of way easements appurtenant to the said land thirdly described in the First Schedule as set out hereunder"; and
(c) by inserting after the number 2 in the Second Schedule the heading "Rights of Way Easements" and by deleting the words "as is" in the said paragraph
2 and substituting the words "firstly and secondly"; and
(d) by inserting after the said paragraph 2 the following paragraph 2A:
"2A. Parking Easement
1. The full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, its servants, tenants, agents, workers, licensees and invitees (in common with the grantors, their tenants and any other person lawfully entitled to do so) from time to time and at all times by day and by night, vehicles laden or unladen, to park on the land thirdly described in the First Schedule hereto, together with the full, free and uninterrupted right, liberty, authority and licence from time to time and at all times hereinafter to do all and any such acts, matters and things as the grantee may consider necessary or desirable for any such purposes provided always that in exercising its rights hereunder the grantee shall do as little damage as practicable to the surface of the said land, vegetation, fences or erections thereon"; and
(e) by inserting after the number 3 in the Second Schedule the heading "Covenants in Respect of Rights of Way Easements and Parking Easement"; and
(f) by inserting after clause 3 (b) in the Second Schedule the following clause 3 (c):
"(c) shall be responsible for the construction, maintenance and repair of the land thirdly described in the First Schedule to the reasonable satisfaction of the grantee"; and
(g) by inserting after the said clause 3 (c) in the Second Schedule the following clause 3 (d):
"(d) and the grantee mutually covenant that the land thirdly described in the First Schedule shall not be restricted in any way or for
any time except for reasonable time limits (e.g. 60 minute parking) for the use by the public enjoying either the public or private facilities of the area at any time of the day or night unless for reasons of security it is mutually agreed between the grantor and the grantee that there is a need to close the land thirdly described in the First Schedule during the specified times"; and
(h) by inserting in paragraph 4 of the Second Schedule after the words "clause 3 (b)" the words "or clause 3 (c)".
Dated at Wellington this 24th day of May 2000.
KERRY JOHN TWYDLE, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/1998/785)