Mt Roskill Extension—Auckland
SILVIA CARTWRIGHT, Governor-General
A Proclamation
Pursuant to the Public Works Act 1981, I, The Honourable Dame Silvia Cartwright, Governor-General of New Zealand, hereby declare the land described in the First Schedule to be taken for use in connection with a road and the land described in the Second Schedule to be taken for maintenance and access easement in gross for the purpose set out in the Third Schedule. The land described in the First Schedule and the easement described in the Second Schedule shall vest in
the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.
North Auckland Land Registry—Auckland City
First Schedule
Area m2 Description
823 Part of Lot 1, DP 77953 (part Computer Freehold Register NA58B/353); shown as section 2 on SO 347634.
108 Part of Lot 1, DP 77953 (part Computer Freehold Register NA58B/353); shown as section 1 on SO 347634.
This land is located at 72 Hayr Road and 4 to 6 Carr Road, Mt Roskill, Auckland.
Second Schedule
Area m2 Description
155 Part of Lot 1, DP 77953 (part Computer Freehold Register NA58B/353); marked “A” on SO 347634.
This land is located at 72 Hayr Road and 4 to 6 Carr Road, Mt Roskill, Auckland.
Third Schedule
Purpose for Which Maintenance and Access Easement Required
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.
Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 12th day of July 2005.
[L.S.]
PETE HODGSON, Minister for Land Information.
God Save The Queen!
(LINZ CPC/2001/7221)