Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Janine Stocker, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice is acquired over the land of Her Majesty The Queen (“Grantor”) described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in Her Majesty The Queen for use in connection with a road (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Waipa District
The Grantor’s Land
- Sections 3, 6, 7, 9 and 25 SO 458819, comprised in Computer Interest Register 627505; and
- Section 39 SO 510550, comprised in Computer Interest Register 841784
(together called “Grantor’s Land”).
Easement in Gross Acquired
A right of way easement in gross over those parts of land marked:
- “A”, “B”, “C”, “D” and “E” on SO 510549; and
- Area “B” on SO 510550
(together called “Easements”).
Easement Rights and Powers and Covenants
The Easements shall have the rights and powers implied to rights of way by the Fourth Schedule to the Land Transfer Regulations 2002 (“Regulations”) and the Fifth Schedule to the Property Law Act 2007 subject to the following modifications:
Clause 11 of the Regulations is deleted and replaced with:
- The Grantor shall be responsible for the repair and maintenance of the easement facility to a metalled standard and for the associated costs so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.
- Notwithstanding anything in paragraph 1 of this Clause, if in its use of the easement facility the Grantee damages the easement facility, the Grantee must promptly carry out such repairs to the easement facility to restore its condition to that which existed immediately prior to the Grantee’s use; provided that for the purposes of this clause, “damage” or “damages” does not include damage to the easement facility reasonably expected from normal wear and tear.
Dated at Wellington this 2nd day of October 2018.
J. STOCKER, for the Minister for Land Information.