Notice Type
Land Notices
Notice Title

Land Acquired For and Declared Road and Easement Acquired in Connection With a Road—56 Fairview Avenue, Fairview Heights, Auckland

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

  1. Pursuant to sections 20 and 114, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired and declared road and shall vest in the Auckland Council; and
  2. Pursuant to sections 20 and 28, declares that, an agreement to that effect having been entered into, an easement in gross in favour of the Auckland Council over the land described in the Second Schedule to this notice is hereby acquired on the terms and conditions set out in Third Schedule to this notice

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

North Auckland Land District—Auckland

First Schedule

Land Acquired for Road
3178 Part Lot 1 DP 208793; shown as Section 2 on SO 521484 (part Record of Title NA137A/24).

Second Schedule

Easement in Gross Acquired
  Part Lot 1 DP 208793; shown as Area “A” on SO 537723 (part Record of Title NA137A/24).

Third Schedule

Terms of the Easement Acquired

1. Right of Access for Inspection and Maintenance

1.1. The right for Auckland Council (“Grantee”) and the Grantee’s licensees and invitees of access over the area marked “A” on SO 537723 (“Easement Area”) to maintain the retaining wall, together with all associated structural and storm water components and facilities (“Retaining Wall”) installed or to be installed within the road adjacent to the Easement Area.

1.2. The Grantee is responsible, at its own cost in all things, for repairing, maintaining and if necessary renewing the Retaining Wall so as to keep it in good order, repair and condition, (unless the maintenance or repair is required as a result of the act, omission or negligence of the registered owner) and to ensure that it continues to provide full support for the road adjacent to the Easement Area (“Road”) according to no lesser standard than the original design and specifications. This requires that no part of the development on the parts of the registered owner's land comprised in Sections 1 and 3 SO 521484 (being part Lot 1 Deposited Plan 208793 part Record of Title NA137A/24) (“Owner’s Land”) that adjoin the Road may take or rely upon any lateral or other support from the Road, other than such support as is provided by the Road in its natural state.

1.3. The Grantee may on reasonable notice, being at least 2 working days except in an emergency, enter onto the Easement Area to:

(a) carry out such inspections of the Retaining Wall as it considers appropriate from time to time, including carrying out such tests of the Retaining Wall and associated subsoil drainage outlets as it considers necessary; and

(b) carry out such work as it considers necessary in its sole discretion to install, repair, maintain and renew the Retaining Wall. This clause is subject to clause 2 below.

2. Right of Entry by Grantee

2.1. The Grantee may:

(a) enter upon the Easement Area from the adjoining road and with all necessary tools, vehicles and equipment;

(b) remain on the Easement Area for a reasonable time for the sole purpose of carrying out any inspection or completing the necessary work; and

(c) leave any vehicles or equipment on the Easement Area for a reasonable time if the inspection or work is proceeding.

2.2. Where the Grantee carries out any work under this clause 2, Auckland Council must ensure that:

(a) all work is performed in a proper and workmanlike manner and is completed promptly;

(b) as little damage or disturbance as possible is caused to the Owner’s Land or to the registered owner; and

(c) any damage done to the Owner’s Land must be immediately made good so as to restore it to its former condition.

3. The rights implied in rights of way in Schedule 5 of the Property Law Act 2007 and the Land Transfer Regulations 2017 will not apply to this easement.

4. The registered owner may continue to use the Easement Area in a reasonable manner provided that does not hinder or interfere with the use of the Easement Area by the Grantee in accordance with this easement.

Dated at Wellington this 3rd day of December 2019.

J. STOCKER, for the Minister for Land Information.

(LINZ CPC/2005/10974)