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:
(a) Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for road and vested in the Auckland Council;
(b) Pursuant to section 20, declares that, an agreement to that effect having been entered into, 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, declares that, an agreement to that effect having been entered into, 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 Road
Area
m2 Description
81
Section 5 SO 441545 (part Computer Freehold Register NA53D/65).
Second Schedule
Land Acquired for Stormwater Management Purposes
Area
m2 Description
2634
Sections 36 and 37 SO 441545 (part Computer Freehold Register NA53D/65).
5593 Sections 43 and 44 SO 441545 (part Computer Freehold Register NA58B/681).
Third Schedule
Easement in Gross to be Acquired
Part Lot 1 DP 98668; marked "E" on SO 441545 (part Computer Freehold Register NA53D/65).
Terms and Conditions to Apply to Easement in Gross
1. The Grantee shall be entitled at all times to deposit
soil and fill and create and maintain a batter for road
on the land 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 create and 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 land provided that such work does not in any way undermine the batter.
4. If the Grantor fills the land adjacent to the batter or constructs a retaining wall such that the batter is no longer required, then the Grantor may apply to the Grantee for the surrender of this easement and
the Grantee will grant a surrender of this easement on such terms as the Grantee may require.
Dated at Wellington this 15th day of August 2012.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10974)