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 First Schedule to this notice is acquired over that part of the land of University of Auckland (“Grantor”) described in the Second Schedule to this notice upon the terms and conditions described in the Third Schedule to this notice and shall vest in the Crown for use in connection with a road (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land District—Auckland
Easement to be Acquired
A right of way easement in gross over the Cycleway Bridge Easement Land (“Easement”).
Part Allotment 18 Section 15 Suburbs of Auckland shown marked “A” on SO Plan 493713 (part Record of Title 549541) and Part Allotment 8 Section 15 Suburbs of Auckland shown marked “B” on SO Plan 493713 (Part Record of Title NA85A/941) (“Cycleway Bridge Easement Land”)
Terms and Conditions
The easement rights are in addition to those set out in the Fifth Schedule of the Land Transfer Regulations 2018.
‘Registration Date’ means the date the within easement is registered on Records of Title 549541 and NA85A/941.
‘Termination Date’ means the date the notice of termination provided for in clause 4.1 expires being two years after the date on which the notice is given.
15. Construction of Cycle and Pedestrian Bridge
The Grantee may:
- enter on the Cycleway Bridge Easement Land to construct and maintain a cycle and pedestrian bridge as roading infrastructure for State Highway 16 (viz, the Grafton Gully Cycleway) and from time to time alter, repair or reconstruct the same and do all things necessary to maintain the same in the state of efficiency; and,
- regulate or prohibit interference with or destruction of the bridge, or any other action or use of the Cycleway Bridge Easement Land which could affect the integrity, or the safe and continuing operation of the bridge and;
- have, and has exclusive use of the easement facility for the purpose of clause 11(1) of Schedule 5 of the Land Transfer Regulations 2002
16. Grantor’s Covenants
The Grantor shall not:
- erect any buildings or structures, including fences, signs, hoardings, pipes, or cables or plant any trees on the Cycleway Bridge Easement Land; or,
- grant any other easements over the Cycleway Bridge Easement Land; or,
- excavate the Cycleway Bridge Easement Land or stockpile or place fill on the Cycleway Bridge Easement Land or allow or permit the same without the prior written consent of the Grantee; and,
(1) The Grantor may terminate this Easement by giving two (2) years notice in writing to the Grantee, but subject to the following conditions:
- The Grantor must give the Grantee not less than eight (8) years of use of the Cycleway Bridge Easement Land.
- If the Grantor gives notice to terminate the Easement, with such termination to take effect in:
- The ninth year from the Registration Date the Grantor agrees to repay the Grantee the sum of $250,000 plus GST, if any;
- The tenth year from the Registration Date the Grantor agrees to repay the Grantee the sum of $125,000 plus GST, if any;
- At any time thereafter the Grantor will not be required to repay any monies to the Grantee.
(2) The Grantor will make any payment required under clause 4(1)(b) to the Grantee within one month of the notice on production of a valid tax invoice.
(3) On or before the Termination Date for the Easement the Grantee will at its cost remove the bridge structure from the Cycleway Bridge Easement Land and leave the Cycleway Bridge Easement Land in a clean and tidy condition.
(4) In the event that the Grantor give notice of termination to the Grantee the Grantor will at its cost prepare and, on or before the Termination Date, provide to the Grantee any documents necessary to arrange for the surrender of the Easement and the Grantee will sign all relevant documents to enable registration of a surrender of the Easement.
Dated at Wellington this 20th day of April 2021.
J. STOCKER, for the Minister for Land Information.