Pursuant to sections 20 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:
(a) Pursuant to section 20 and to agreements to that effect having been entered into, declares the land described in the First Schedule to this notice is hereby acquired for
the use and convenience of a road, subject to the right of
way and rights to convey electricity, telecommunications and water created by Easement Instrument 5701750.10 and subject to the right of way created by Easement Instrument 8528384.4, and vested in the Auckland Council;
(b) Pursuant to section 20 and agreements to that effect having been entered into, declares the land described in
the Second Schedule to this notice is hereby acquired for stormwater management purposes and vested in the Auckland Council;
(c) Pursuant to sections 20 and 28 and to agreements
to that effect having been entered into, declares the batter easement in gross described in the Third Schedule to this notice is hereby acquired over the land and in accordance with the terms and conditions set out in the said Third Schedule and shall vest in the Auckland Council
on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Auckland
First Schedule
Land Acquired for the Use and Convenience of a Road
Area
m2 Description
3382
A 7/32 share in Lot 9 DP 105157 (part
Computer Freehold Registers NA133D/811 and NA133D/812).
7171 Sections 20, 38 and 41 on SO 443664
(part Computer Freehold Registers NA133D/811 and NA133D/812).
Second Schedule
Land Acquired for Stormwater Management Purposes
Area
m2 Description
30631 Sections 22, 23 and 40 on SO 443664
(part Computer Freehold Registers NA133D/811 and NA133D/812).
Third Schedule
Easements in Gross to be Acquired
Description

Parts Lot 3 DP 205501; marked "K" and
"L" on SO 443664 (part Computer Freehold Register NA133D/811).
Parts Lot 4 DP 205501; marked "U" "V" and "W" on SO 443664 (part Computer Freehold Register NA133D/812).
Terms and Conditions to Apply to Easements in Gross
1. The Grantee shall be entitled to deposit soil and fill
and create and maintain a batter for road on the lands referred to in the Third Schedule above ("the servient land").
2. The Grantee shall have the right at all times with or without employees, contractors and agents with all necessary plant, tools and machinery to enter upon the servient land to maintain the batter or to carry out any work or excavation that may be necessary to ensure the continuing functioning of the batter.
3. The Grantor will not at any time without the Grantee’s approval dig in the servient tenement or do or cause to be done anything that will undermine or interfere with the batter in its function of supporting the road but the Grantor will be permitted to landscape or plant in
the servient tenement provided that such work does not in any way undermine the batter.
4. If the Grantor fills the land adjacent to the all or any part of the servient tenement or constructs a retaining wall such that all or any part of the servient tenement is no longer required then the Grantor may apply to the Grantee for the surrender or partial surrender of this easement and the Grantee will grant a surrender or partial surrender of this easement on such reasonable terms as the Grantee may require. Each party shall bear their own costs in relation to such surrender or partial surrender of this easement.
Dated at Wellington this 2nd day of November 2011.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10974)