Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, R. J. Sutherland, Land Information
New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a batter easement in gross
is acquired over the land of Aqua Park Holdings Limited (“the Grantor”) described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Crown (“the Grantee”)
on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Waikato District
First Schedule
The Grantor’s Land
Part DP 6980 and part Allotments 243 and 435 Parish of Whangamarino (all Computer Freehold Register SA618/151).
Part DP 5093 and part Allotment 243 Parish of Whangamarino (all Computer Freehold Register SA348/151).
Second Schedule
Easement to be Acquired
A batter easement in gross over those parts of part Allotment 243 Parish of Whangamarino; marked “D” and “E”’ on SO 408004 (“the easement”).
Third Schedule
Terms and Conditions
Definitions
The “Easement Land” means the area marked “D” and “E” on SO 408004.
Rights and powers
The Grantor grants to the Grantee the full and free right and liberty, licence and authority in perpetuity for Her Majesty The Queen (“the Grantee”), her engineers, agents and workmen to do and carry out the following on the Easement Land:
1. To enter on the Easement Land, to go, pass and repass, with or without machinery, or vehicles, over and along the land.
2. To construct and maintain on the Easement Land a batter to support and protect the roading infrastructure for State Highway 1 of such dimensions as the Grantee shall determine from time to time and to alter or reconstruct the same and do all things which are necessary to maintain the same in a state of efficiency subject to the provision of a 3-metre wide level bench along the length of the batter.
3. To plant, sow, and maintain plants or grasses on the land and to regulate or to prohibit interference with, or the destruction thereof, or any action or use of the Easement Land, which could affect the integrity or stability of the batter.
Conditions of easement
4. The owner of the land shall not erect any building or structure (other than fences) or plant any trees on the Easement Land.
5. This owner shall be entitled to utilise the Easement Land (and in particular the 3-metre level bench) for vehicle access, subject to any accessways, tracks or internal roads constructed for such purpose, being constructed to a standard approved by the Hamilton Regional Manager of New Zealand Transport Agency (or the authority responsible for maintenance and control of the adjoining State highway in the event it is not controlled by
New Zealand Transport Agency).
6. The owner shall not excavate the Easement Land or grant any easements over the Easement Land without the consent of the Grantee who may decline such consent if such excavation or easement in the view of the Hamilton Regional Manager of New Zealand Transport Agency (or the authority responsible for maintenance and control of the adjoining State highway in the event it is not controlled by New Zealand Transport Agency) may have a detrimental effect on the stability or integrity of the batter.
Dated at Auckland this 15th day of June 2009.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1998/750)