Pursuant to 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, and to an agreement to that effect having been entered into, declares that the land described in the First Schedule to this notice is hereby acquired for road, and vested in the Auckland Council;
(b) Pursuant to sections 20 and 28, and to an agreement to that effect having been entered into, declares the batter easement in gross described in the Second Schedule to this notice is hereby acquired over the land and in accordance with the terms and conditions set out in the said Second 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
134 Section 1 on SO 443144 (part Computer Freehold Register NA38A/32).
Second Schedule
Easement in Gross to be Acquired
Over the part Lot 2 DP 48170; marked "A" on SO 443144 (part Computer Freehold Register NA38A/32).
Terms and Conditions to Apply to Easement 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 Second 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.
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 30th day of October 2012.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10974)