in Connection With a Road—Hull Road,
Mt Maunganui
Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information
New Zealand, declares that, pursuant to an agreement to
that effect having been entered into, the easement described in the First Schedule to this notice is acquired and shall
vest in the Crown for use in connection with a road on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Tauranga City
First Schedule
Right of Way Easement to be Acquired
A right of way easement over that part of Lot 1, DP 363664 (Computer Freehold Register 258932); marked “A” on DP 363664, appurtenant to the land described in the Second Schedule to this notice together with the rights and powers set out in the Third Schedule to this notice.
Second Schedule
Dominant Tenement
Area m2 Description
848 Section 1, SO 329078 (contained in notice ln2095, published in the New Zealand Gazette,6 April 2006, No. 33, page 865).
Third Schedule
Terms and Conditions
The rights and powers implied by the Land Transfer Regulations 2002 and the Ninth Schedule of the Property Law Act 1952 provided that:
(a) Where there is a conflict:
(i) between the provisions of the Fourth Schedule to
the Land Transfer Regulations 2002 and the Ninth Schedule to the Property Law Act 1952, the provisions of the Ninth Schedule must prevail; and
(ii) between the provisions of either the said Fourth Schedule or Ninth Schedule and the modifications
in this document, the modifications in this document must prevail.
(b) In the event that Section 1, SO 329078 is set apart for rail purposes or transferred to a rail operator, the Crown shall surrender the within easement.
Dated at Christchurch this 23rd day of March 2006.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/1999/4359)