Western Bay of Plenty District
Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the First Schedule
to this notice is hereby acquired, subject to a fencing covenant described in the Second Schedule hereto (held appurtenant to the land described in the Third Schedule), for regional park and is vested in Tauranga City Council and the Western Bay of Plenty District Council on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District-Western Bay of Plenty District
First Schedule
Land Acquired for Regional Park
8.9751 hectares, being part Lot 3, DP S10685; shown as Section 1 on SO 315254, and being part of the land contained in Computer Register SA71A/57.
Second Schedule
Fencing Covenant
The Parties
The "councils" are the Western Bay of Plenty District Council and Tauranga City Council, both local authorities constituted under the Local Government Act 2002.
The "owner" is the registered proprietor of all the land contained in part Lot 3, DP S10685, being part of the balance of the land contained in Computer Register SA71A/57.
The Parties' Covenant
1. The owner or their successors in title shall not be liable nor called on to erect or repair or contribute to costs
of work as defined in the Fencing Act 1978 on any boundary fence between the land described in the
First Schedule hereto and the land described in the Third Schedule hereto.
2. The councils shall at their cost erect and maintain a boundary fence between the land described in the
First Schedule hereto and the land described in the Third Schedule hereto.
3. This covenant runs with the land described in the
First Schedule and binds the councils and all subsequent owners of the land described in the First Schedule hereto.
4. This covenant shall be for the benefit of and appurtenant to the land described in the Third Schedule hereto.
Third Schedule
Land for Which the Benefit of a Fencing Covenant is
Held Appurtenant
Part Lot 3, DP S10685, being part of the balance of the land contained in Computer Register SA71A/57.
Dated at Wellington this 10th day of May 2004
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1998/1286/B3: WN01224)