On 20 December 1991 the Crown, as lessor, entered into a memorandum of lease which transferred a leasehold interest in
the core railway land throughout New Zealand to New Zealand Rail Limited, now named Tranz Rail Limited. The memorandum of lease ("the core rail lease"), which was not registered, was varied by a further agreement dated 28 April 1993. Now, in an Agreement to Partially Surrender and Vary the Core Rail Lease and an Agreement for Sale and Purchase of the Auckland Network, both dated 24 December 2001, it has been agreed that Tranz Rail Limited will surrender its leasehold interest over the major portion of the core rail lease between Pukekohe, on the North Island Main Trunk Line, and Swanson, on the North Auckland Line, and transfer that interest to Her Majesty the Queen.
The two agreements relating to the surrender and acquisition together constitute an agreement in terms of section 17 of the Public Works Act 1981.
Therefore, pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands,
R. J. Sutherland, Land Information New Zealand, declares the leasehold interests created by Memorandum of Variation of Lease dated 28 April 1993 in the land, together with any leasehold interests in the easements and covenants described in the Schedule to this notice, to have been surrendered by the lessee, Tranz Rail Limited, and acquired by Her Majesty the Queen for railway purposes, and is vested in the Crown on the date of publication of this notice in the New Zealand Gazette. In terms of section 35 of the Public Works Act 1981, it is intended that the leasehold interest acquired shall merge with the freehold interest already held by the Crown.
Note: This notice is the first of four relating to the surrender and acquisition of the leasehold interest in the Auckland rail corridors.
Schedule
North Auckland Land Registry-Auckland City
Onehunga Branch Line-O'Rorke Road to Onehunga Wharf - approximately four kilometres
Area ha Being
1.2388 That part of Lot 2, D.P. 83450; marked "A" on S.O. Plan 312937, being the residue of the title following the cancellation of the part contained within D.P. 135335 (part certificate of title NA39D/660). Rail Plan L2510.
Appurtenant to that part of Allotment 19, Section 17, Suburbs of Auckland, being part of Conveyance 47731, now part of certificate of title NA39D/660, is a right of way over that part of Lot 1, D.P. 75728; marked "A" on the plan, created by easement certificate 193162.1, registered on certificate of title NA32B/351.
1.3361 That part of Lot 4, D.P. 72103; marked "B" on S.O. Plan 312937, being the residue of the title following the cancellation of the parts contained within D.P. 114373, D.P. 122466, D.P. 136176 and D.P. 176147 (part certificate of title NA28B/1139), limited as to parcels. Rail Plans L2510 and L2511.
Appurtenant thereto is a siding right of way easement over that part of Lot 2, D.P. 79610; marked "A" on the plan, created by easement certificate 444247.1.
0.3809 Lot 3, D.P. 72103 (all certificate of title NA28B/1138), limited as to parcels. Rail Plans L2511 and L2512.
0.0932 Lot 1, D.P. 182591 (all certificate of title NA107B/836). Rail Plan L2512.
Appurtenant thereto is a land covenant imposing sight and development restrictions over the part of Lot 1; marked "A" on D.P. 181924, created by Transfer D. 180468.1.
0.8380 That part of Lot 1, D.P. 72103; marked "D" on S.O. Plan 312937, being the residue of the title, following the cancellation of the part contained within D.P. 129552, and excluding the parts marked "E" and "F" on S.O. Plan 312937 (part certificate of title NA28B/1136). Rail Plan L2512.
Appurtenant to Her Majesty the Queen for railway purposes and adjacent to the railway corridor is a right of way easement in gross over the part of Lot 1, D.P. 129552; marked "A" on the plan, created by Transfer C. 042412.1, registered on supplementary record sheet NA77B/103.
Explanation: Areas "E" and "F" on S.O. Plan 312937 are land held for the proposed Southdown-Avondale Line and were not leased to Tranz Rail Limited.
0.1961 Lot 1, D.P. 204857 (all certificate of title NA133C/421). Rail Plans L2512 and L2513.
Appurtenant thereto is a land covenant imposing sight restrictions over the parts of Lot 1; marked "B", "C" and "D" on D.P. 164121, created by Transfer D. 036868.1, registered on certificate of title NA98D/837. Also adjacentto certificate of title NA133C/421 is a railway siding easement in gross over the parts marked "B", "D" and "E"on D.P. 151548, created by Transfer C. 504658.2, registered on certificate of title NA36A/746, in favour ofNew Zealand Railways Corporation.
0.2028 Lot 7, D.P. 79262 (all certificate of title NA36A/748). Rail Plan L2513.
Appurtenant thereto is a land covenant imposing sight and development restrictions over the parts of Lots 1 and 2; marked "C", "D", "E" and "F" on D.P. 79261, created by Transfer C. 504658.7 on certificates of title NA36A/740 and NA36A/741.
0.1674 Lot 8, D.P. 79261 (all certificate of title NA36A/742). Rail Plan L2513.
Appurtenant thereto is a land covenant imposing sight and development restrictions over the parts of Lots 1 and 2; marked "C", "D", "E" and "F" on D.P. 79261, created by Transfer C. 504658.7 on certificates of title NA36A/740 and NA36A/741.
0.2374 Lot 1, D.P. 203099 (all certificate of title NA128C/808). Rail Plan L2513.
1.8322 That part of Lot 2, D.P. 78168; marked "C" on S.O. Plan 312937, being the residue of the title following the cancellation of those parts contained within S.O. Plan 57527 and S.O. Plan 61356, and D.P. 135157 and D.P. 148012 (part certificate of title NA34B/815). Rail Plan L2514.
Dated at Auckland this 31st day of January 2003.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2002/8073)