Pursuant to section 55 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, hereby amends the notice dated the 9th day of September 2002, Land Taken as Severance and Building Restriction Created-State Highway No. 1, Albany-Puhoi, Rodney District, published in the New Zealand Gazette, 19 September 2002, No. 139, page 3711:
(a) by deleting clause (b) (iii) and replacing it with the following clause:
(iii) The owner will not erect any building or structure or carry out any earthworks on the fill area in a manner that will adversely affect the structural integrity of the motorway and will not object to any application by the Crown seeking building or resource consents required in respect of the future construction of a motorway interchange adjacent to the fill area, or the increase of the motorway to six lanes, for any reason relating to the effects of such works or of the operation of those works on any boundary or structure erected on the fill area provided that those works are constructed and operated in accordance with the relevant Crown agency's guidelines.
(b) by deleting the word "without" in clause (b) (v) 2. and replacing it with the word "within".
(c) and by adding the following clause to the restrictions:
(vii) If the owner removes the non-structural fill from the fill area, or part of the fill area, and recontours and redevelops the area from which the fill has been removed ("the remediated area") with engineered fill, designed and completed to the satisfaction of the territorial authority having jurisdiction, then from
the date of a code of compliance certificate being issued for the replacement fill works, the owner's obligation in relation to the requirement for construction in the remediated area shall cease and this notice shall be withdrawn from the remediated area, except that this notice shall be replaced with a notice requiring the owner to continue to comply with the provisions of clause (b) (iii) of this notice in relation to the remediated area.
Dated at Christchurch this 20th day of May 2003.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/98/2515)