Pursuant to sections 20, 28 and 48 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Trevor Knowles, Land Information
New Zealand, declares that, pursuant to an agreement and consent to that effect having been entered into:
(a) A right of way easement (pedestrian) in gross is acquired over the land described in the First Schedule to this notice appurtenant to the Far North District Council upon the terms and conditions set out in Schedule 4 to the Land Transfer Regulations 2002, and as modified by the terms of the Second Schedule herein on the date of publication hereof in the New Zealand Gazette.
(b) A right of way easement (pedestrian) in gross is acquired over the land described in the Third Schedule to this notice appurtenant to the Far North District Council, subject to the standard provisions of Schedule 4 of the Land Transfer Regulations 2002, and Schedule 5 of the Property Law Act 2007, and as modified by the terms of the Fourth Schedule herein on the date of publication hereof in the
New Zealand Gazette.
North Auckland Land District-Far North District
First Schedule
Right of Way (Pedestrian) Acquired
Part Lot 1 DP 29562 (Computer Freehold Register NA35B/34); marked "A" on SO 432926.
Second Schedule
1. The Easement may be surrendered by either party at any time following the tenth anniversary of the date of the grant of easement on giving six months written notice
to the other party.
2. Any reference to the provisions of Schedule 4 to "driveway" shall be a reference to "footpath".
3. Section 6(2)(a) of Schedule 4 is deleted.
4. Section 6(2)(b) of Schedule 4 is amended to delete
the words "or (if the servient land is rural land) farm animal".
5. A new section 6(4) is added to Schedule 4 as follows:
"The right to establish and construct a footpath on
the easement facility is subject to the approval by the grantor of the grantee’s design of the footpath to
the extent that the design is in keeping with the heritage nature of the grantor’s surrounding property."
6. Section 11(1) of Schedule 4 is deleted and replaced with the following:
"The grantee is responsible, at the grantee’s cost for the establishment and construction of the footpath and for the repair and maintenance of the easement facility in good order and to prevent it from becoming a danger or nuisance."
7. Section 11(2) of Schedule 4 is deleted.
8. Section 12(3) of Schedule 4 is amended by the addition of the following words to the end of the section:
"... and in doing so must comply with the provisions of the Historic Places Act 1993 or any replacement legislation, obtain any necessary authorities under that act and comply with the reasonable directions of the grantor."
9. Section 12(5) of Schedule 4 is amended by the addition of the words "at the grantee’s cost", following the word "must" in the first line.
Third Schedule
Right of Way (Pedestrian) Acquired
Part Section 30 Block XI Kerikeri Survey District and
part Old Land Claim 60 (Computer Freehold Register NA3A/1233); marked "D" on SO 432926.
Part Lot 1 DP 23664 (Computer Freehold Register NA655/242); marked "B", "C" and "E" on SO 432926.
Fourth Schedule
The Grantee shall be responsible for all costs of construction, maintenance and repairs of the easement facility.
Dated at Wellington this 2nd day of November 2012.
T. KNOWLES, for the Minister for Land Information.
(LINZ CPC/2005/10885)