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, declares that, pursuant to an agreement to
that effect having been entered into:
(a) The land described in the First Schedule to this notice is hereby acquired for sanitary works (sewage treatment site) and shall vest in the Far North District Council;
(b) A right of way easement in gross is acquired over the land described in the Second Schedule to this notice appurtenant to the Far North District Council upon the terms and conditions set out in Schedule 4 of the Land Transfer Regulations 2002 and Schedule 5 of the Property Law Act 2007, and as modified by the Fourth Schedule herein;
(c) A right to convey water in gross is acquired over
the land described in the Third Schedule to this notice, appurtenant to the Far North District Council upon the terms and conditions set out in Schedule 4 of the Land Transfer Regulations 2002,
on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Far North District
First Schedule
Land Acquired for Sanitary Works (Sewage Treatment Site)
Area
m2 Description
557
Part Lot 1 DP 209937; shown as Section 1 on SO 405122 (Part Computer Freehold Register NA138A/55).
Second Schedule
Right of Way Acquired
Part Lot 1 DP 209937; marked "J", "L", "M", "N" and "O" on SO 405122.
Third Schedule
Right to Convey Water Acquired
Part Lot 1 DP 209937; marked "N", "P", "Q", "S" and "M" on SO 405122.
Fourth Schedule
The Far North District Council (hereinafter called
the "council") shall maintain and repair the right of
way at its own expense and any dispute as to the liability
of the council under this condition shall be determined
by arbitration under the Arbitration Act 1996.
The fence along the right of way described in the Second Schedule is maintained by the servient tenement who shall continue maintaining the fence in a stock proof manner.
The council has covenanted that Wayne Revell Baker (hereinafter called the "vendor") shall not be liable nor called upon to contribute towards the costs of erection
or maintenance of any dividing or boundary fence between the land acquired by the council for sanitary works (sewage treatment site) under this notice and under GN C422845.1, and any land belonging to the vendor, but this provision shall not enure to the benefit of any purchaser or purchasers from the vendor of any such adjoining land.
Dated at Wellington this 17th day of September 2012.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10885)