Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Stephen Robert Gilbert, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into:
(a) The land described in the First Schedule to this notice is hereby acquired for cemetery and shall vest in the Far North District Council on the date of publication of this notice in the New Zealand Gazette.
(b) A right of way easement is acquired over the land described in the Second Schedule to this notice appurtenant to the land described in the First and Third Schedules to this notice upon the terms and conditions described in the Fourth Schedule to this notice.
North Auckland Land District-Far North District
First Schedule
Land Acquired for Cemetery Purposes and Appurtenant Land
Area
m2 Being
4001 Section 1 on S.O. Plan 70514 (part C.T. 118C/359).
Second Schedule
Right of Way Easement Acquired
Area
m2 Being
1070 Part of Lot 1, D.P. 198308; marked area "A" on S.O. Plan 70514 (part C.T. 118C/359).
Third Schedule
Appurtenant Land
Area
m2 Being
4048 All of the land in D.P. 20566 contained in certificate of title 461/122.
Fourth Schedule
The rights and powers implied in the right of way easement shall be those set out in paragraph 1 of the Seventh Schedule to the Land Transfer Act 1952 and the Ninth Schedule to the Property Law Act 1952, excepting those within provisions relating to maintenance, upkeep and repair of the driveway for an interim period, which is dealt with under an agreement dated 27 November 2000 between the owners of the Second Scheduled land ("the owner") and the owners
of the appurtenant land ("the council"), which contains the following clauses:
9.4 Subject to clauses 9.5 and 9.6, the council will bear the cost of maintenance, upkeep and repair of the driveway to an appropriate standard.
9.5 From that point in time where either:
(a) the owner has subdivided the allotments shown as proposed Lot 10 and proposed Lot 11 on the attached plan out of the land in C.T. 118C/359 and has sold those allotments (the proposed Lots 10 and 11 shown adjoin the right of way acquired herein); or
(b) the occupiers of the land over which the right of way is granted have commenced to use the driveway for the purpose of gaining access to any part of the land in C.T. 118C/359;
the cost of maintenance, upkeep and repair of the driveway to an appropriate standard will be shared by the occupiers according to their use of the driveway.
9.6 Where repairs to the driveway are occasioned by any wilful or negligent act of an occupier or an occupier's agents, servants, contractors or invitees, that occupier must pay all costs of those repairs.
Dated at Christchurch this 6th day of June 2001.
S. R. GILBERT, for Minister of Lands by the Minister for Land Information.
(LINZ CPC/1998/1023)