Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Enoka, Land Information New Zealand, 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 stormwater purposes and shall vest in the Auckland Council;
- a right of way easement is hereby acquired over the land described in the Second Schedule to this notice, appurtenant to the land described in the First Schedule to this notice, upon the terms and conditions set out in Schedule 4 of the Land Transfer Regulations 2002 and Schedule 5 of the Property Law Act 2007; except that paragraph 11(2) of Schedule 4 of the Land Transfer Regulations 2002 is deleted and the following clause relating to maintenance shall apply:
- The grantor shall not require the grantee to contribute towards the repair and maintenance of the right of way easement facility for the purposes set out in subclause (1) except if the repair of the right of way easement facility is necessary because of any act or omission by the grantee or its invitees, then the grantee must carry out, at the grantee’s cost, the necessary repair to the right of way easement facility; and
- where there is a conflict between the provisions of Schedule 4 of the Land Transfer Regulations 2002 and Schedule 5 of the Property Law Act 2007, the provisions of Schedule 5 are to prevail; and between the provisions of either the said Schedule 4 or Schedule 5 and the modification by this notice to Schedule 4 of the Land Transfer Regulations 2002, the modification in this notice is to prevail
on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District—Auckland
Land Acquired for Stormwater Purposes
|4082||Part Lot 2 DP 162922; shown as Section 1 on SO 490874 (part Computer Freehold Register NA98B/238).|
Right of Way Easement Acquired
Part Lot 2 DP 162922; marked “A” on SO 490874 (part Computer Freehold Register NA98B/238).
Dated at Wellington this 6th day of October 2015.
J. ENOKA, for the Minister for Land Information.