No. 20–State Highway No. 1 Motorway Link,
Manukau City
Pursuant to 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 agreements to that effect having been entered into:
(a) The land described in the First Schedule to this notice is acquired, pursuant to section 20 (1), for use in connection with a road and, pursuant to sections 20 and 50, shall vest in the Crown;
(b) The easements in gross described in the Second Schedule to this notice are acquired, pursuant to sections
20 and 28, and shall vest in the Manukau City Council
(“the council”) for use in connection with a road
on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land District—Manukau City
First Schedule
Land to be Acquired for Use in Connection with a Road
Area m2 Description
2552 Part Lot 1, DP 78308; shown as Section 2 on SO 357826 (part Computer Freehold Register NA61A/271), subject to the easement created in transfer B491789.1.
354 Part Lot 1, DP 168007; shown as Section 5 on SO 357826 (part Computer Freehold Register NA99C/386), subject to the easement created in transfer B849865.1.
2425 Part Lot 3, DP 196621; shown as Section 6 on SO 357826 (part Computer Freehold Register NA125C/691).
1136 Part Lot 2, DP 193175; shown as Section 8 on SO 357826 (part Computer Freehold Register NA122C/918).
Second Schedule
Easement to be Acquired
A right of way easement in gross upon the terms set out in the Third Schedule to this notice over 939 square metres, being part Lot 1, DP 78308 (part Computer Freehold Register NA61A/271); marked “A” on SO 357826, and 1108 square metres, being part Lot 1, DP 168007 (part Computer Freehold Register NA99C/386); marked “B” on SO 357826 (“the easement land”).
Third Schedule
Easement Rights and Powers
1 The rights and powers implied into easements of vehicular rights of way by the Ninth Schedule to the Property Law Act 1952 are negatived.
2 The rights and powers implied into easements of rights of way by the Fourth Schedule to the Land Transfer Regulations 2002 shall apply except where inconsistent with any of the rights and powers contained in this Schedule in which case the rights and powers contained in this Schedule shall prevail.
3. The council may, for the purpose of exercising any right or complying with any obligation of the council under this agreement in relation to the easement:
(a) enter the 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 easement land for such time as is necessary for the purpose of exercising such right
or performing such obligation.
4. In exercising any rights under Clause 3, the council shall:
(a) give the registered proprietor of the time being of the easement land (“the owner”) not less than five working days’ notice of its intention to enter on to the easement land, except in an emergency in which case the council may enter on to the easement land on the giving of 24 hours’ notice where possible;
(b) cause as little damage, disturbance, inconvenience and interruption to the owner and to the use of the land as is reasonably necessary; and
(c) forthwith make good any damage done to the easement land and to any occupier of the easement land including any damage done to any property of an occupier of the easement land.
5. The owner covenants with the council that it will not build or erect any structures or other improvements on the easement land.
6. The owner must not do any act which impedes, interferes with or restricts the rights of council and other authorised persons in relation to the easement.
7. The following provisions will apply to all disputes in relation to the easement or to any of the rights and obligations contained herein.
(a) Any dispute which may arise between the parties concerning the interpretation of this easement or relating to any other matter arising under the agreement or this Schedule will be actively and in good faith negotiated by the parties with a view to
a speedy resolution of such disputes.
(b) If the parties cannot resolve a dispute within
15 business days of any dispute arising then, unless otherwise expressly provided in the agreement
or this Schedule, they will without prejudice to
any other right, explore whether such dispute can
be resolved by agreement between them using informal dispute resolution techniques such as mediation. The rules governing any such technique if adopted will be agreed between the parties
or as selected by the organisation known as “LEADR” (Lawyers Engaged in Alternative Dispute Resolution).
(c) If the parties cannot agree on any dispute resolution technique within a further 15 business days of
any dispute being considered for referral by both parties to any informal dispute resolution technique under Clause 7b, then the dispute shall be settled
by reference to arbitration. Except as otherwise expressly provided in this easement, the reference shall be to a single arbitrator if one can be agreed upon, or to two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to their arbitration), such arbitration to be carried out in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.
(d) The parties will co-operate to ensure the expeditious conduct of any arbitration. In particular, each
party will comply with any reasonable time
limits sought by the other for settling terms of reference, interlocutory matters and generally all steps preliminary and incidental to the hearing
and determination of the proceedings.
8. 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.
Dated at Wellington this 9th day of March 2006.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2001/6807)