Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand:
(a) Declares the land described in the First Schedule to this notice to be taken, under section 119 (1), and shall vest in the Crown; and
(b) Declares, pursuant to sections 20 (1) and 28, that a right of way easement is acquired over the land described in the Second Schedule to this notice, upon the terms and conditions implied in the Fourth Schedule to this notice, appurtenant to the land described in the First Schedule to this notice; and
(c) Declares, pursuant to sections 20 (1) and 28, that a right to convey telecommunications, electricity and water supply easement is acquired over the land described in the Third Schedule to this notice, upon the terms and conditions implied in the Fourth Schedule to this notice, appurtenant to the land described in the First Schedule to this notice;
on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land District-Rodney District
First Schedule
Severance
Area
m2 Being
4474 Part Lot 1, D.P. 50475; shown as "Section 2"
on S.O. Plan 317214 (part Gazette Notice A. 331037).
ha
6.5023 Part Allotment 87, Okura Parish; shown as "Section 3" on S.O. Plan 317214 (part Gazette Notice B. 760514.1).
Second Schedule
Servient Tenement
Part Lot 1, D.P. 70015 (part Gazette Notice D. 316126.1); marked "A" on S.O. Plan 317214.
Third Schedule
Servient Tenement
Part Lot 1, D.P. 70015 (part Gazette Notice D. 316126.1); marked "B" on S.O. Plan 317214.
Fourth Schedule
Rights and Powers
The rights and powers implied are those prescribed by the Land Transfer Regulations 2002 and the Ninth Schedule of the Property Law Act 1952.
The maintenance provisions in the Fourth Schedule to the Land Transfer Regulations 2002 are modified as follows:
(a) Any maintenance, repair or replacement of the right of way that is necessary because of any act or omission by the owner of the servient land (which includes any agents, employees, contractors, subcontractors or invitees of the owner), must be carried out promptly by that owner at
the sole cost of the owner or in such proportion as relates
to the act or omission.
Where there is a conflict:
(i) Between the provisions of the Fourth Schedule
to the Land Transfer Regulations 2002 and the
Ninth Schedule to the Property Law Act 1952,
the provisions of the Ninth Schedule must prevail; and
(ii) Between the provisions of either the said Fourth Schedule or Ninth Schedule and the modifications in this document, the modifications in this document must prevail.
Dated at Auckland this 29th day of April 2003.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1998/2744, CPC/1998/1164 and CPC/1998/769)