Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, 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 the use and convenience of a road and vested in the Auckland Council;
(b) 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 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 the Use and Convenience of a Road
Area
m2 Description
3382
A 1/4 share in Lot 9 DP 105157 (part Computer Freehold Register NA58A/79).
859 Section 3 on SO 455459 (part Computer Freehold Register NA58A/79).
Second Schedule
Easement in Gross to be Acquired
Over part Lot 8 DP 105157; marked "A" on SO 455459 (part Computer Freehold Register NA58A/79).
Terms and Conditions to Apply to Easements 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 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 for road 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 tenement 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 9th day of November 2012.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2005/10974)