Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information
New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land firstly described in the First Schedule to this notice is hereby acquired for
local purpose (storm water drainage) reserve together with a fencing covenant in favour of the land firstly described on the terms and conditions set out in the Second Schedule
to this notice, and the land secondly described in the First Schedule to this notice is hereby acquired for road and
all shall vest in the Tauranga District Council on the date
of publication of this notice in the New Zealand Gazette excepting thereout all minerals, mineral oil, gas, metals, coal and valuable stone under the surface of the land which are reserved to Her Majesty the Queen.
South Auckland Land District-Tauranga District Council
First Schedule
Area
ha Being
5.6250 Part Lot 41, Deposited Plan South 89288;
shown as "Section 1" on S.O. Plan 309964.
Part certificate of title SA70D/121.
m2
404 Part Lot 41, Deposited Plan South 89288;
shown as "Section 2" on S.O. Plan 309964.
Part certificate of title SA70D/121.
Second Schedule
Terms of Fencing Covenant
1. The council, and its successors in title, shall not be liable nor called on to erect or repair or contribute to the cost of work as defined in the Fencing Act 1978 on any dividing
or boundary fence between the local purpose (storm water drainage) reserve and any part of the balance of certificate of title SA70D/121. The benefit of this covenant shall not inure for the benefit of any subsequent purchaser for value of the reserve.
2. This covenant runs with the land and binds the owner and all subsequent owners and occupiers of the balance of the land in certificate of title SA70D/121.
Dated at Christchurch this 20th day of August 2002.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/1998/1286B3)