Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, agreements to that effect having been entered into:
(a) The land described in the First Schedule to this notice is hereby acquired for local purpose (esplanade) reserve;
(b) The land described in the Second Schedule to this notice ("the Easement Land") is hereby acquired for an easement of right of way in gross as described in the Third Schedule to this notice on the terms and conditions described in the Fourth Schedule to this notice
and shall vest in the Opotiki District Council ("Council") on the date of publication hereof in the New Zealand Gazette.
Gisborne Land District-Opotiki District
First Schedule
Land Acquired for Local Purpose (Esplanade) Reserve
Area
m2 Description
573
Part Lot 33 DP 3010 (part Computer Freehold Register GS2C/987); shown as Section 4 on SO 438464.
651 Part Allotment 56 Section 2 Town of Opotiki (part Computer Freehold Register GS1A/1375); shown as Section 5 on SO 438464.
Second Schedule
Easement Land
Area
m2 Description
750
An undivided one-half share in Lot 1 DP 7618 (part Composite Computer Register GS5B/200); shown as Section 6 on SO 438464.
750 An undivided one-half share in Lot 1 DP 7618 (part Composite Computer Register GS5B/1249); shown as Section 6 on SO 438464.
Third Schedule
Easement Acquired
1. An easement of right of way in gross for Council, its servants, agents and workers to enter the Easement Land to maintain the existing stopbank.
2. The right of the general public to enter the Easement Land excluding the stopbank area.
3. The right for Council's servants, agents and workers with or without any tools, implements, machinery or other equipment reasonably necessary to enter the Easement Land for the purposes of constructing and maintaining a footpath and cycleway.
Fourth Schedule
Terms and Conditions
1. Council shall erect a fence at the toe of the stopbank to limit public access to the footpath and cycleway along the river berm below the stopbank.
2. Council shall erect signs at either end of the Easement Land indicating that there shall be no public access to the stopbank area.
3. Otherwise on the terms set out in clauses 10-14 of the Fourth Schedule of the Land Transfer Regulations 2002.
Dated at Wellington this 10th day of November 2011.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10902)