Tauranga District
Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, 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, with the benefit of a fencing covenant described in the Second Schedule hereto (held appurtenant to the land described in the First Schedule) over the land described in the Third Schedule hereto, for drainage purposes and is vested in the Tauranga District Council on the date of publication of this notice in the
New Zealand Gazette.
South Auckland Land District-Tauranga District
First Schedule
Land Acquired
Area m2 Being
1298 Part Lot 3, D.P. S. 78753; shown as "Section 1" on S.O. Plan 326822, being part of the land contained in Computer Register SA65B/947.
3286 Part Lot 3, D.P. S. 78753; shown as "Section 2" on S.O. Plan 326822, being part of the land contained in Computer Register SA65B/947.
Second Schedule
Fencing Covenant
The parties:
"The council" is the Tauranga District Council, a local authority constituted under the Local Government Act 1974.
"The owner" is the registered proprietor of all the land contained in part Lot 3, D.P. S. 78753, being balance of the land contained in Computer Register SA65B/947.
The parties covenant:
1. The council, and its 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. The benefit of this covenant shall not inure for the benefit of any subsequent purchaser for the value of the land described in the First Schedule hereto.
2. This covenant runs with the land described in the Third Schedule and binds the owner and all subsequent owners of the land described in the
Third Schedule hereto.
Third Schedule
Land Over Which the Benefit of a Fencing Covenant
is Acquired
Part Lot 3, D.P. S. 78753, being balance of the land contained in Computer Register SA65B/947.
Dated at Auckland this 20th day of January 2004.
R. J. SUTHERLAND, for the Minister for Land Information.