Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, an agreement to that effect having been entered into:
(a) Pursuant to section 20, the land described in the
First Schedule to this notice is hereby acquired for road
and vested in the Whakatane District Council excluding
those minerals not acquired by Proclamation S37308
and those minerals reserved to the Crown, pursuant to section 59 of the Land Act 1948 and section 8 of the
Coal Mines Amendment Act 1950; and
(b) Pursuant to sections 20 and 28, the easement
in gross described in the Second Schedule to this notice
is acquired over the therein defined land ("the easement land") of Graeme Joseph Lewer and Judith Anne Lewer ("the grantor") upon the terms and conditions described in the Third Schedule and shall vest in the Whakatane District Council ("the grantee")
on the date of publication hereof in the New Zealand Gazette.
South Auckland Land District-Whakatane District
First Schedule
Land Acquired for Road
Area
m2 Description
784
Part Allotment 551 Waimana Parish; shown as Section 1 on SO 395838 (part Computer Freehold Register SA11C/1300). Second Schedule
Easement to be Acquired
A vegetation maintenance easement in gross over that part of Allotment 551 Waimana Parish containing 128 square metres, more or less; marked "A" on SO 395838 (part Computer Freehold Register SA11C/1300).
Third Schedule
Terms and Conditions-Vegetation Maintenance Easement
For the purpose of preserving and maintaining the vegetation and embankment located within the easement land, the grantee will have the right, liberty and privilege, for the grantee, its servants, agents and workmen from time to time, with or without vehicles, motor vehicles, machinery and implements of any kind, to enter upon the easement
land and to remain there for any reasonable time for the purpose of stabilising, controlling, repairing, replacing, maintaining and inspecting the bank and vegetation located within the easement land.
Before entering the easement land for the purpose of undertaking work of any kind, the grantee shall notify and advise the grantor of the proposed work and not commence any work without first having obtained the consent of the grantor.
The grantor will not unreasonably withhold their consent
to any work that is for the purpose of preserving and maintaining the vegetation or embankment within the easement land.
Dated at Auckland this 31st day of May 2010.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2006/11337)