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 rail corridors 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 covenant 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 second of four relating to the surrender and acquisition of the leasehold interest in the Auckland rail corridors.
Schedule
North Auckland Land Registry-Auckland City
Newmarket Branch Line-Ronayne Street to Railway Street - approximately two kilometres
Area
ha Being
0.3832 That part of Lot 1, D.P. 151550; marked "B" on S.O. Plan 312935, being the residue of the title following the cancellation of the part contained within D.P. 196919 (part certificate of title NA90B/394).
Marked "A" on Rail Plan L1814.
Appurtenant thereto is a drainage easement over that part of Lot 2; marked "B" and "C" on D.P. 151550, created by certificate C. 387314.3. Appurtenant to New Zealand Railways Corporation and adjacent to certificate of title NA90B/394 is a fibre optic cable easement in gross over that part of Lot 2; marked "A" and "B" on the plan, created by Transfer C. 960062.2 on certificate of title NA90B/395.
0.0843 Lot 4, D.P. 140374 (all certificate of title NA83B/527). Part "B" on Rail Plan L1814.
Subject to Caveat D. 322713.3 registered to protect an interest in an unregistered lease in perpetuity. Appurtenant thereto is a right of way easement over that part of Lot 3, D.P. 140374; marked "A" on D.P. 154192, created by certificate C. 523621.1.
0.0030
(0a0r1.2p) Part Lot 28, D.P. 31615, as defined on S.O. Plan 38175. New Zealand Gazette, 17 December 1953, page 2022, Proclamation 14059. Part "C" on Rail Plan L1814.
0.0058
(0a0r2.3p) Part Lot 29, D.P. 31615, as defined on S.O. Plan 38175. New Zealand Gazette, 17 December 1953, page 2022, Proclamation 14059. Part "C" on Rail Plan L1814.
0.0025
(0a0r1p) Part Lot 30, D.P. 31615, as defined on S.O. Plan 38175. New Zealand Gazette, 17 December 1953, page 2022, Proclamation 14059. Part "C" on Rail Plan L1814.
0.0008
(0a0r0.3p) Part Lot 31, D.P. 31615, as defined on S.O. Plan 38175. New Zealand Gazette, 17 December 1953, page 2022, Proclamation 14059. Part "C" on Rail Plan L1814.
1.4576 That part of the land on D.P. 22822, and part Lots 3, 4 and 5, D.P. 22823; marked "C" on S.O. Plan 312935, being the residue of the title following the cancellation of the part taken for street by Proclamation 9706, the parts of Lots 3 and 4, D.P. 22823, declared Crown land by Gazette Notice 227937, the parts contained within D.P. 27977, D.P. 140374, D.P. 156637, D.P. 158792 and D.P. 166116, and excluding the part marked "D" on S.O. Plan 312935 (part certificate of title NA637/246). Part "B" on Rail Plan L1814.
Explanation: Areas "D" and "E" on S.O. Plan 312935 are railway leasehold land retained by Tranz Rail Limited.
0.2924 That part of the land on D.P. 22648; marked "A" on S.O. Plan 312935, being the residue of the title following the cancellation of the parts contained within S.O. Plan 27239, certificates of title NA28A/913 and NA28A/914, and D.P. 150385 and D.P. 166116 (part certificate of title NA530/289, limited as to parcels).
Part "E" on Rail Plan L1814.
0.4467 Allotments 57 and 58, Section 3, Suburbs of Auckland, being the subsoil below the levels defined on S.O. Plan 47222 (all certificate of title NA67B/943). Part "E" on Rail Plan L1814.
Appurtenant thereto is a covenant, created by Deed 172710.1, restricting development of the strata contained within certificate of title NA28A/914.
0.0499 Lot 2, D.P. 150385, being the airspace and subsoil between the levels defined on the plan (all certificate of title NA89D/156). Part "E" on Rail Plan L1814.
1.1260 Part of the land on D.P. 23351, and being part of Allotments 17, 20 and 21, Section 4, Suburbs of Auckland, part
of the said Allotment 17, being the subsoil below R.L. 51.20 as defined on D.P. 138824 (all certificate of title NA91D/818). Marked "A" on Rail Plan L1815.
0.6503 Lot 1, D.P. 206508 (all certificate of title NA134D/38). Marked "D" on Rail Plan L1815.
Dated at Auckland this 31st day of January 2003.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2002/8073)