Pursuant to sections 20 and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Natasha Pollard, Land Information
New Zealand, declares that, an agreement to that effect having been entered into, the right of support easement
in gross described in the First Schedule to this notice is hereby acquired on the terms and conditions set out in the Second Schedule and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Auckland
First Schedule
Purpose for Which Right of Support Easement Required
The Crown shall have a right of support easement in
gross for motorway purposes over the easement area for
the purpose of constructing rock anchors over part
Lot 4 DP 3747 and Part Lot 5 DP 21288 contained in Computer Freehold Register NA1936/93 to provide support for a retaining wall.
Second Schedule
1. Definitions
"Easement Area" means the subsoil in an area of 1698 square metres being part Lot 4 DP 3747 and part Lot 5 DP 21288 between RL 26.18 and one metre below RL 52.00; marked "A" on SO 442049.
"Servient Land" means all of the land contained in Computer Freehold Register NA1936/93.
"Retaining Wall" means support for the Servient Land constructed within the adjacent land owned by the Crown (together with associated structural components and facilities).
"Rock Anchors" means support and anchor of the Retaining Wall (together with cables and related support mechanisms in the subsoil of the Easement Area).
2. The Crown has the right with its servants, agents, workmen, licensees and invitees from time to time
and at all reasonable times to enter or gain access to the Easement Area for the purposes of installing and constructing the Rock Anchors and thereafter from time to time inspect the Rock Anchors and the Retaining
Wall and doing anything that may appear reasonably necessary for the maintenance, support and repair of
the Rock Anchors and the Retaining Wall, including the replacement of Rock Anchors or installing new Rock Anchors if that is considered necessary. Such access
will be obtained only through the Retaining Wall and not through the surface of the Servient Land.
3. The exercise of the rights in clause 2 is subject to
the condition that as little disturbance as possible is caused to the subsoil of the Servient Land, that any incidental damage or disturbance done by reason of those works, other than that required due to the installation, maintenance or repair of the Rock Anchors, is promptly made good.
4. The landowner must not:
(a) restrict in any way the Crown’s access to the Rock Anchors;
(b) do or permit to be done anything, including any excavation or other work within the Easement Area, which damages or is likely to damage the Rock Anchors or to render them unstable or unsafe; or
(c) interfere with or attempt to remove any Rock Anchors.
5. If it is no longer necessary to provide support for the Servient Land by means of the Retaining Wall, or if for any other reason it is no longer necessary to use the Easement Area or any part of the Easement Area for
the purposes of support for the Retaining Wall by means of the Rock Anchors, whether due to alterations to
the levels of the Servient Land or otherwise, either the Crown or the landowner will be entitled on notice
to the other to require the surrender of this easement
as to all or part of the Easement Area, as the case may
be. Either party will be entitled to obtain independent engineering advice on the question of whether that continued support is necessary. Each party will then,
at the cost of the Crown, do all such acts and things
and execute all documents and instruments when reasonably requested by the other in order to give
effect to such surrender. Neither party will be entitled to any consideration or compensation in respect of such surrender.
6. No power is implied in respect of the easement for the landowner to determine the easement for breach of any provision in the easement (whether express or implied) or for any other cause, to the intent that the term of the easement will subsist for all time unless it is surrendered.
Dated at Wellington this 30th day of January 2012.
N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2008/12816)