State Highway No. 20 Mt Roskill Extension—
North Auckland
Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take the land and other interests described in the Schedules hereto (“the land”).
The land described in (a) of the First Schedule is required for use in connection with a road.
It will be used to provide access to an adjoining owner
who will be landlocked following construction of the State Highway No. 20 Mt Roskill Extension (“the works”).
The land described in (b) of the First Schedule is required for use in connection with a road and will, once taken, be vested in Auckland City Council and form part of Carr Road.
The easement described in the Second Schedule is required to enable access for construction and maintenance of a retaining wall at Hayr Road, being part of the Hayr Road overbridge to be constructed as part of the works.
The terms and conditions of the easement are set out in the Third Schedule.
The intended takings are considered reasonably necessary to improve traffic flow and sight distances and reduce traffic congestion.
All practicable alternatives were considered prior to designation of the land.
The proposed land use is in accordance with the designation under the district plan.
The owners of the land and those persons with a registered interest in it have been served with notice of the Crown’s intention to take the land and advised of their right to object.
Any other person having the right to object may send
a written objection to the Registrar, Environment Court, Tribunals Division, Department for Courts, P.O. Box 5027, Wellington, within 20 working days after the date of publication of this notice.
If any objection is made in accordance with this notice,
a public hearing will be heard with the right of the
objector to appear and be heard personally unless
the objector otherwise requires, and each objector will be informed of the time and place of the hearing.
Any person requiring further information in respect of
this advice should contact Hugh Tercel of The Property Group Limited, P.O. Box 104, Shortland Street, Auckland. Telephone: (09) 309 8531.
Dated at Wellington this 10th day of February 2005.
PETE HODGSON, Minister for Land Information.
———
North Auckland Land District—Auckland City
First Schedule
(a) 823 square metres, being part of Lot 1, DP 77953
(part Computer Freehold Register NA58B/353); shown as Section 2 on SO 347634.
(b) 108 square metres, being part of Lot 1, DP 77953
(part Computer Freehold Register NA58B/353); shown as Section 1 on SO 347634.
The land is located at 72 Hayr Road and 4-6 Carr Road,
Mt Roskill, Auckland.
Second Schedule
155 square metres, being part of Lot 1, DP 77953
(part Computer Freehold Register NA58B/353; marked
“A” on SO 347634 (“the maintenance easement land”).
Third Schedule
Purpose of Maintenance and Access Easement
The Crown shall have a maintenance and access easement in gross over the maintenance easement land for the purposes of constructing, inspecting, maintaining and replacing retaining walls on the boundary between Hayr Road and
the land in Computer Freehold Register NA58B/353.
Rights, Powers, Terms and Conditions
1. The provisions relating to rights of way in the Fourth Schedule to the Land Transfer Regulations 2002 are implied herein as if set out in full, except where inconsistent with any conditions contained in this notice in which case the conditions contained in this notice shall prevail.
2. The Crown may, for the purpose of exercising any right or complying with any obligation of the Crown under this notice in relation to the maintenance easement:
(a) Enter the maintenance easement land at any time with or without agents, consultants, servants, contractors and workmen with all necessary tools, implements, machinery, vehicles or equipment; and
(b) Remain on the maintenance easement land for such time as is necessary for the purpose of exercising such right or performing such obligation.
3. In exercising any rights under clause 2 of this Schedule, the Crown shall:
(a) Cause as little damage, disturbance, inconvenience and interruption to the maintenance easement
land and to the use of the maintenance easement land as is reasonably necessary; and
(b) Forthwith, make good any damage done to the maintenance easement land and to any occupier of the maintenance easement land including any damage done to any property of an occupier of the maintenance easement land.
4. To ensure that the Crown can maintain the Hayr
Road overbridge, the registered proprietor covenants with
the Crown that it will not build or erect any structures
or other improvements on the maintenance easement land without first obtaining the written consent of the Crown. The Crown shall be entitled to withhold such consent if,
in the Crown’s reasonable opinion, such building, structure or improvement will or might have the effect of obstructing the Crown’s access to the Hayr Road overbridge or will or may significantly increase the Crown’s cost of maintaining the Hayr Road overbridge.
5. The registered proprietor shall repair, maintain and keep in good order, condition and repair the maintenance easement land. The costs of such maintenance shall be borne by the registered proprietor. For the avoidance of doubt, the Crown shall not be liable for the cost of maintaining any part of the maintenance easement land.
6. (a) If the registered proprietor fails to maintain the maintenance easement land as required under this notice, and such failure to maintain the maintenance easement land results in additional maintenance costs to the Crown, then the Crown shall serve written notice on the registered proprietor requiring the registered proprietor to complete the maintenance works within seven days from the service of the notice.
(b) If the registered proprietor does not complete
the maintenance works before expiration of the notice, the Crown shall be entitled to undertake such maintenance works and recover the costs of so doing from the registered proprietor as a liquidated debt.
7. The grant of easement shall be in perpetuity. The registered proprietor shall have no power whether express or implied to determine the easement for breach of a provision herein.
8. The registered proprietor shall not do any act which impedes, interferes with or restricts the rights of the Crown and other authorised persons in relation to the easement.
9. Any notice given, or required to be given, by either of the parties shall be in writing and shall be deemed to be duly given in accordance with section 152 of the Property Law Act 1952.