Pursuant to sections 20(1) and 28 of 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 an agreement to
that effect having been entered into:
(a) the land described in the First Schedule is acquired for road which, pursuant to section 5 of the Land Transport Management Act 2003, forms part of State Highway 20 and shall vest in the Crown; and
(b) an easement in gross as described in the Second Schedule is acquired over the land of The Church of Jesus Christ of Latter-Day Saints Trust Board ("the Owner") described in the Third Schedule ("the Easement Land") on the terms and conditions described in the Fourth Schedule and shall vest in the Crown
on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Manukau City
First Schedule
Land Acquired for Road
Area
m2 Description
5208
Part DP 16630 (part Computer Freehold Register NA35C/861); shown as Section 1 on SO 422296.
234 Part DP 16630 (part Computer Freehold Register NA35C/861); shown as Section 2 on SO 422296.
Second Schedule
Easement to be Acquired
An easement in gross to allow the Crown the right to lay, place, maintain and replace ground anchors and associated equipment in the Easement Land for the purposes of securing a motorway retaining wall.
Additional Rights
In order to lay, place, maintain and replace the said ground anchors and associated equipment, the right for it, its servants, agents and workmen with or without any tools, implements, machinery or other equipment reasonably necessary to enter the Easement Land for the purposes of laying, placing, maintaining or replacing any ground anchor and its associated equipment subject to the condition that as little disturbance as possible is caused to its original condition and that any other damage done by reason of the aforesaid actions is repaired at the cost of the Crown to the satisfaction of the Owner in all things.
Third Schedule
The Easement Land
That part of Part DP 16630 (part Computer Freehold Register NA35C/861); marked "A" on SO 422296.
Fourth Schedule
Terms and Conditions
1. The Owner shall not do anything on or about the Owner’s land, which would require the ground anchors and associated equipment to be removed or where their efficiency would be reduced to the point where the stability of the wall they retain would be reduced to standards, which in the opinion of the Crown are unacceptable.
2. Otherwise on the terms set out in clauses 10-14 of the Fourth Schedule of the Land Transfer Regulations 2002 as if the easement facility was the right to lay, place, maintain and replace ground anchors referred to above.
Dated at Wellington this 22nd day of June 2010.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2001/7140)