Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, 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 reserve (stormwater drainage), subject to right of way easement created by Transfer H. 942518.3, and is vested in the Tauranga District Council on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District-Tauranga District
First Schedule
Land Acquired
1.1867 hectares, being part Lot 1, D.P. S. 76488; as shown marked "Section 1" on S.O. Plan 61611, and being part of the land contained in certificate of title No. 68D/626.
Second Schedule
Fencing Covenant
The parties:
"The council" is the Tauranga District Council, a local authority constituted under the Local Government Act 1974.
"The owner" is the registered proprietor of all the land contained in part Lot 1, D.P. S. 76448, being balance of the land contained in certificate of title No. 68D/626.
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 owner 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 1, D.P. S. 76448, being balance of the land contained in certificate of title No. 68D/626.
Dated at Auckland this 15th day of February 2002.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/98/1286/B2)