Notice Type
Land Notices
Notice Title

Road Legalisation—Te Puke Highway/Welcome Bay Road Intersection, Papamoa, Western Bay of Plenty District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kavya Shrivastava, Land Information New Zealand:

  1. Pursuant to sections 17, 20 and 48, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is acquired for granting in exchange under section 21 of the Act, and shall vest in the Crown subject to the easement described in the Fifth Schedule to this notice upon the terms and conditions set out in the Sixth Schedule to this notice and subject to existing water easement (in gross) B538683.2; and
  2. Pursuant to section 114, declares the land described in the Second Schedule to this notice to be road and shall vest in the Crown; and
  3. Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the Third Schedule to this notice is acquired for the functioning indirectly of a road (segregation strip), and shall vest in the Crown, subject to existing water easement (in gross) B538683.2; and
  4. Pursuant to section 20, declares that, an agreement to that effect having been entered into, the land described in the Fourth Schedule to this notice is acquired for the functioning indirectly of a road (segregation strip), and shall vest in the Crown, subject to existing water easement (in gross) B534716.1; and
  5. Pursuant to section 48, declares that an easement of right of way is granted in favour of land held in Computer Freehold Register SA19B/914 over the land described in the Fifth Schedule to this notice on the terms and conditions set out in the Sixth Schedule to this notice

on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District

First Schedule

Land Acquired for Exchange Purposes to Vest in the Crown

Area
ha

Description
0.0926 Part Lot 2 DPS 20533, shown as Section 2 on SO 519931 (part Computer Freehold Register SA19B/914).

Second Schedule

Land Declared Road to Vest in the Crown

Area
ha

Description
0.0306 Part Lot 2 DPS 20533, shown as Section 7 on SO 519931 (part Computer Freehold Register SA19B/914).
0.2450 Part Land on DP 13296 being Part Section 1 Block III Te Tumu Survey District, shown as Section 8 on SO 519931 (part Computer Freehold Register SA11B/1426).

Third Schedule

Land Acquired for the Functioning Indirectly of a Road (Segregation Strip) to Vest in the Crown

Area
ha

Description
0.0001 Part Lot 2 DPS 20533, shown as Section 4 on SO 519931 (part Computer Freehold Register SA19B/914).
0.0009 Part Lot 2 DPS 20533 shown as Section 5 on SO 519931 (part Computer Freehold Register SA19B/914).

Fourth Schedule

Land Acquired for the Functioning Indirectly of a Road (Segregation Strip) to Vest in the Crown

Area
ha

Description
0.0030 Part Land on DP 13296 being Part Section 1 Block III Te Tumu Survey District, shown as Section 6 on SO 519931 (part Computer Freehold Register SA11B/1426).

Fifth Schedule

Easement Granted

An easement of right of way over that part of Lot 2 DPS 20533 shown as Section 2 on SO 519931 (part Computer Freehold Register SA19B/914) marked “D” and “E” on SO 519931.

Sixth Schedule

Conditions of Right to Way

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 the Fifth Schedule of the Property Law Act 2007.

The implied rights and powers are varied by the provisions set out below:

  1. This easement is granted pursuant to section 48 of the Public Works Act 1981 provided that the right to terminate the Easement on three months’ notice for no compensation shall be specifically excluded from the grant and any rent payable shall not exceed $1.00 per annum plus GST, if demanded.
  2. Paragraph 11(2) of Schedule 4 of the Land Transfer Regulations 2002 shall be deleted and replaced with the following:

    “11(2) If the grantee (or grantees, if more than 1) and the grantor share the use of the easement facility, each of them shall make a reasonable contribution to the repair and maintenance of the easement facility, and for the associated costs, for the purposes set out in clause 11(1) of Schedule 4 of the Land Transfer Regulations 2002.”

  3. Paragraphs 11(4), (5) and (6) of Schedule 4 of the Land Transfer Regulations 2002 shall be deleted and replaced with the following:

    “11(4) Any maintenance, repair or replacement of any easement facility that is necessary because of any act or omission by any owner of either the dominant or servient land (which includes any of the agents, employees, contractors, subcontractors or invitees of those owners) must be carried out promptly by that owner at the sole cost of that owner or in such proportion as relates to the act or omission.

    11(5) Any party responsible for maintenance pursuant to paragraphs 11(2) and 11(4) of the Land Transfer Regulations 2002 must meet any associated requirements of the relevant local authority.”

  4. Where there is a conflict between the provisions of Schedule 4 to the Land Transfer Regulations 2002 and/or of Schedule 5 to the Property Law Act 2007 and the modifications in this Schedule, the modifications must prevail.

Dated at Wellington this 12th day of June 2018.

KAVYA SHRIVASTAVA, for the Minister for Land Information.

(LINZ CPC/2015/18208, CPC/2015/18209)