Pursuant to sections 20 and 50 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Earnshaw, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the lands described in the First Schedule to this notice are hereby acquired for University Purposes, subject to Part 4A of the Conservation Act 1987, section 11 of the Crown Minerals Act 1991, and subject to all existing Encumbrances on all Computer Registers in the Third Column of the First Schedule, and excluding coal and other minerals as set out in the Fourth Column of the First Schedule, and shall vest in the Victoria University of Wellington, subject to the encumbrance in the Second Schedule to this notice, on the date of publication hereof in the New Zealand Gazette.
Wellington Land District—Wellington City
First Schedule
Land Acquired for University Purposes
Area |
Being | Computer Freehold Register | Location of section 19 of the Public Works Act 1928 coal and other minerals |
4049 | Lot 1 DP 8805 Lot 2 DP 8805 Lot 3 DP 8805 Lot 4 DP 8805 Lot 5 DP 8805 Lot 6 DP 8805 Lot 7 DP 8805 Lot 8 DP 8805 |
WN38B/253 | WN395/215 WN418/58 WN408/31 WN417/24 WN417/23 WN596/49 WN596/48 WN417/22 |
4830 | Lot 1 DP 6967 Lot 2 DP 6967 Lot 3 DP 6967 Lot 8 Block V DP 1185 Lot 9 Block V DP 1185 Lot 10 Block V DP 1185 Lot 14 Block V DP 1185 Lot 15 Block V DP 1185 Lot 2 DP 30686 |
WN38B/256 | WN372/106 WN380/57 WN324/248 WN122/8 WN120/227 WN478/79 WN453/239 WN453/241 WN8D/1193 |
1957 | Part Lot 1 Block I DP 1105 Lot 2 Block I DP 1105 Lot 3 Block I DP 1105 |
WN38B/257 | WN164/192 WN167/132 WN167/133 |
1888 | Lot 6 DP 2847 Lot 7 DP 2847 Lot 8 DP 2847 Lot 9 DP 2847 Lot 10 DP 2847 Lot 11 DP 2847 Lot 14 DP 2847 |
WN38B/259 | WN262/281 WN276/20 WN221/223 |
9760 | Lot 5 Block I DP 1105 Lot 6 Block I DP 1105 Lot 7 Block I DP 1105 Lot 8 Block I DP 1105 Section 1 SO 31390 Lot 10 Block I DP 1105 Lot 11 Block I DP 1105 Lot 12 Block I DP 1105 Lot 13 Block I DP 1105 Lot 14 Block I DP 1105 Lot 15 Block I DP 1105 Lot 16 Block I DP 1105 Part Lot 17 Block I DP 1105 Part Lot 18 Block I DP 1105 Lot 2 DP 15212 Lot 2 DP 20181 |
WN38B/258 | WN233/174 WN241/232 WN234/272 WN229/8 WN96/86 WN111/171 WN168/130 WN140/143 WN179/95 WN178/57 WN177/283 WN172/76 WN168/293 WN169/29 WN183/135 WN183/136 WN183/161 WN226/145 WN573/45 WN783/85 |
3513 | Lot 18 DP 2847 Lot 19 DP 2847 Lot 20 DP 2847 Lot 21 DP 2847 Lot 22 DP 2847 Lot 24 DP 2847 Lot 25 DP 2847 |
WN38B/261 | WN416/129 WN511/8 |
1635 | Lot 3 DP 1914 Lot 4 DP 1914 Lot 1 DP 2539 Lot 2 DP 2539 Lot 3 DP 2539 Lot 4 DP 2539 Lot 5 DP 2539 |
WN38B/262 | WN165/121 WN277/205 WN324/202 WN306/50 WN280/140 |
3391 | Lot 31 DP 827 Lot 32 DP 827 Lot 33 DP 827 Part Lot 34 DP 827 Part Lot 35 DP 827 Lot 36 DP 827 Lot 37 DP 827 Lot 38 DP 827 |
WN38B/263 | WN106/131 WN90/103 WN113/78 WN113/77 WN114/201 WN111/15 WN103/275 WN96/152 |
718 | Lot 10 DP 10742 | WN20A/133 | n/a |
489 | Lot 23 DP 2847 | WN305/129 | n/a |
4515 | Lot 3 DP 12439 Lot 4 DP 12439 Lot 1 DP 15665 |
WN38B/242 | WN492/117 WN583/247 |
697 | Lot 9 DP 10742 | WN38B/244 | WN15B/775 |
2677 | Lot 17 DP 6205 Lot 1 DP 8995 Lot 2 DP 8995 Lot 1 DP 31820 Lot 2 DP 31820 |
WN38B/246 | n/a |
1121 | Lot 8 DP 6205 Lot 9 DP 6205 |
WN38B/247 | n/a |
814 | Lot 1 DP 11429 | WN38B/248 | n/a |
589 | Lot 2 DP 4255 | WN38B/260 | n/a |
2356 | Lot 2 DP 83302 | WN50B/538 | WN374/232 WN374/142 WN548/40 |
660 | Part Lot 4 Block II DP 1185 Lot 6 Block II DP 1185 |
WN6A/170 | n/a |
476 | Lot 1 DP 20181 | WN794/92 | n/a |
514 | Lot 46 DP 710 Part Lot 54 DP 710 |
604211 | WN104/142 |
625 | Lot 45 DP 710 Part Lot 54 DP 710 Part Lot 55 DP 710 |
604214 | WN123/222 |
210 | Part Lot 42 DP 710 | 604215 | WN280/202 |
467 | Lot 47 DP 710 Part Lot 54 DP 710 |
604216 | WN305/241 |
493 | Lot 49 DP 710 Part Lot 50 DP 710 |
604219 | n/a |
372 | Lot 1 DP 10733 Lot 2 DP 10733 |
604220 | WN82/29 |
3319 | Lot 1 DP 6758 Lot 2 DP 6758 Lot 3 DP 6758 Lot 1 DP 1904 Lot 2 DP 1904 Lot 3 DP 1904 Lot 4 DP 1904 Lot 5 DP 1904 Lot 41 DP 827 Part Lot 46 DP 827 |
WN327/259 WN361/105 WND3/190 WN165/57 WN168/71 WN189/275 WN218/162 WN361/105 |
|
206 | 1/34th share in other parts of Lot 47 DP 827 | ||
132 | 1/17 share in Part Lot 47 DP 827 | ||
328 | Lot 52 DP 710 | 604212 | WN108/13 |
329 | Lot 53 DP 710 | 604221 | WN95/147 |
3675 | Lot 5 DP 9789 Lot 1 DP 15166 Lot 2 DP 15166 Lot 1 DP 12470 Section 1 SO 28414 |
WN39B/838 | WN449/171 WN676/33 WN676/32 WN492/188 WN166/92 WN420/24 |
506 | Lot 20 DP 1802 | WN39B/839 | WN364/63 |
2488 | Lot 1 DP 40629 Lot 1 DP 9619 Lot 2 DP 9789 |
WN42C/108 | WN14B/177 WN14B/178 WN14B/179 WN489/202 WN489/201 |
Second Schedule
Encumbrance
For valuable consideration, the owner of all the land in the First Schedule, together with their heirs, successors and assigns (“the Encumbrancer”), agrees to encumber all of the lands in the First Schedule (“the Land”) for the benefit of the Her Majesty The Queen (“the Encumbrancee”) for a term of 999 years from the publication date of this notice in the New Zealand Gazette, determinable under Clause 3 hereof with an annual rent charge of $1.00 to be paid in January of each year if demanded, and to covenant with the Encumbrancee to secure compliance by the Encumbrancer with the agreements set out in this Encumbrance.
- The Encumbrancer acknowledges that the covenants in this Encumbrance are of a permanent nature, and the Encumbrancer shall not be entitled to a discharge of the Encumbrance during the term, whether by payment of the total security or otherwise.
- The Encumbrancer covenants with the Encumbrancee that:
- the Encumbrancer will not dispose of any or all of the Land without first satisfying its obligations under section 40 of the Public Works Act 1981;
- the Encumbrancer will advise the Encumbrancee of the proposed sale; and
- if the Encumbrancer sells any or all of the Land before the expiration of five years from the date of publication of this notice in the New Zealand Gazette, the Encumbrancer shall pay 20% of the net proceeds of sale (or such lesser amount agreed by the Encumbrancee) to the Encumbrancee.
- This rent-charge shall immediately determine and the Encumbrancer shall be entitled to a discharge of this Encumbrance if the covenants expressed herein become obsolete or no longer enforceable or where any sunset provision is enacted amending section 40 of the Public Works Act 1981 which provision makes the term of this Instrument redundant.
- The Encumbrancer shall pay its own costs incurred during the course of this Encumbrance.
- Sections 97, 154 and 156 of the Land Transfer Act 1952 and sections 23, 289 and 301–302 of the Property Law Act 2007 shall apply to this Encumbrance but otherwise (and without prejudice to the Encumbrancee’s rights of action at common law as a rent-chargee) the Encumbrancee shall not be entitled to any of the powers and remedies given to Encumbrancees by the Land Transfer Act 1952 and the Encumbrancee and its successors and assigns shall not be entitled to any of the powers and remedies given to mortgagees under the Land Transfer Act 1952 or the Property Law Act 2007.
- The Encumbrancer covenants with the Encumbrancee:
- to pay all legal costs and disbursements in the execution, registration, enforcement and any ultimate release of this Encumbrance Instrument, in respect of any consents sought by the Encumbrancer from the Encumbrancee to the registration of any instrument, and in respect of the performance and observance by the Encumbrancer of this Encumbrance Instrument including legal costs on a solicitor/client basis; and
- to otherwise indemnify the Encumbrancee against any claims, loss and expense of whatever kind incurred by the Encumbrancee as a consequence of the Encumbrancer failing to comply with this Encumbrance Instrument.
- No delay or failure by the Encumbrancee to enforce performance of any of the covenants set out in this Encumbrance Instrument and no indulgence granted to the Encumbrancer by the Encumbrancee shall prejudice the rights of the Encumbrancee to enforce any of the covenants or provisions of the Encumbrance Instrument.
- The Encumbrancee acknowledges that this Encumbrance does not preclude the Encumbrancer from leasing (subject to compliance with any statutory constraints) or mortgaging or allowing security of whatever kind over the Land and consent from the Encumbrancee, except in any regulatory role, shall not be required.
- The Encumbrancer:
- acknowledges that this Encumbrance:
- has been granted for valuable consideration received, in full compensation for the grant of this Encumbrance Instrument; and
- is intended to charge the Land and bind the Encumbrancer (and successors) to perform the Encumbrancer’s obligations for the period of time set out in this Encumbrance Instrument; and
- therefore covenants with the Encumbrancee:
- not to seek to discharge, surrender, lapse, vary, amend, withdraw or remove in any manner whatsoever this Encumbrance Instrument prior to the expiry of that period of time, whether by payment of the total security or otherwise;
- to preserve for the period of time set out in this Encumbrance Instrument the integrity of the agreements in this Encumbrance Instrument; and
- acknowledges that this Encumbrance:
Dated at Wellington this 10th day of December 2014.
J. EARNSHAW, for the Minister for Land Information.
(LINZ CPC/2012/16923)