Pursuant to sections 20(1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in
the First Schedule to this notice is acquired for use
in connection with a road upon the terms and conditions
set out in the Second Schedule to this notice and shall
vest in the Crown on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Auckland
First Schedule
Easement to be Acquired
A right of support easement in gross over the Land marked "H" on SO 460766.
Second Schedule
Terms and Conditions
Unless otherwise provided below, the rights and powers implied in specific classes of easement are those prescribed by the Land Transfer Regulations 2002 and/or Schedule Five of the Property Law Act 2007. The implied rights and powers are hereby added to by the following provisions:
Background
A. Victory Christian Church Property Trust (together with its successors, assignees, tenants, lessees and persons under its control) ("Grantor") is registered as proprietor of an estate in fee simple in Lot 2 DP 173370 being all the land in Computer Freehold Register NA106B/511 ("Land").
B. Part of State Highway 1 ("State Highway") runs in an underground tunnel beneath the Land (together with all associated infrastructure and facilities, "Tunnel"). The State Highway may also have the status of Motorway under the Government Roading Powers Act 1989.
C. Her Majesty The Queen ("Grantee") needs to support and anchor the Tunnel with rock anchors, cables and related support mechanisms (together "Rock Anchors") in the subsoil of the Land marked "H" on SO 460766 ("Easement Area").
Right of Support With Rock Anchors
1. The Grantee has the right to use and enjoy the Easement Area throughout its whole extent to locate the Rock Anchors as supports for the Tunnel.
2. The Grantor shall not:
(a) fence or otherwise restrict in any way the Grantee's access to the Rock Anchors;
(b) do or permit to be done anything which will damage the Rock Anchors or render them unstable or unsafe;
(c) interfere with or attempt to remove any Rock Anchors.
3. The term of the easement shall be for all time. No power is implied in respect of any easement for the Grantor
to determine the easement for breach of any provision
in this instrument (whether express or implied) or for
any other cause, it being the intention of the parties that each easement shall subsist for all time unless it is surrendered.
Dated at Wellington this 30th day of October 2013.
K. MCPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10763)