Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand:
(a) Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for road and shall vest in the Tauranga City Council;
(b) Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the Second Schedule to this notice is hereby acquired for stormwater drainage purposes and is vested in the Tauranga City Council, with the benefit of a fencing covenant described in the Third Schedule hereto
on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Tauranga City
First Schedule
Land Acquired for Road
Area m2 Description
811 Part Papamoa 4B2 Block; shown as Section 1 on SO 387474 (part Computer Freehold Register 191043).
Second Schedule
Land Acquired for Stormwater Drainage Purposes
Area m2 Description
8681 Part Papamoa 4B2 Block; shown as Section 3 on SO 387474 (part Computer Freehold Register 191043).
Third Schedule
Fencing Covenant is Acquired
The Parties
“Council” is the Tauranga City Council, a local authority constituted under the Local Government Act 2002.
“Owner” is the registered proprietor of all the land contained in part Papamoa 4B2 Block (part Computer Freehold Register 191043).
The Parties’ Covenant
1. The Council shall not be liable nor called on to erect or repair or contribute to the cost of work as defined in the Fencing Act 1978 on any dividing or boundary fence between the Owner’s land and any part of Section 3 SO 387474, but this covenant shall not inure for the benefit of any subsequent purchaser from the Council. This covenant shall run with Section 3 SO 387474
and shall bind the Owner and all subsequent Owners and occupiers of the Owner’s land.
2. The Owner shall not be liable nor called on to erect or repair or contribute to the cost of work, as defined in the Fencing Act 1978, on any dividing or boundary fence between the Owner’s land and any part of Section 3 SO 387474, but this covenant shall not inure for the benefit of any subsequent purchaser from the Owner. This covenant shall run with the Owner’s land and shall bind Council and all subsequent Owners and occupiers of the Section 3 SO 387474.
Dated at Wellington this 21st day of February 2008.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10907)