Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jonathan Wright, 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 (“Easement”) is acquired over the land of Her Majesty The Queen for State housing (“Grantor”) described in the Second 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.
North Auckland Land District—Auckland
A right of support for rock anchors easement in gross over Part Lot 2 DP 531494 marked RB on SO 520006 and part Lot 5 DP 515012 marked RA on SO 520006 (“Easement Area”).
The Burdened Land
Lot 2 DP 531494 comprised in Record of Title 867815
Lot 5 DP 515012 comprised in Record of Title 799992
Terms and Conditions
1. “Grantee” means Her Majesty The Queen for use in connection with a road, having the benefit of this easement in gross, together with the agents, employees, contractors, tenants, licensees, and other invitees of the Grantee.
2. “Grantor” means Her Majesty The Queen for State Housing as the registered proprietor of the Burdened Land, together with the agents, employees, contractors, tenants, licensees, and other invitees of the Grantor, and includes the successors in title of the Grantor.
3. “Retaining Wall” means the retaining wall to be constructed on adjoining land held by the Grantee for the State Highway 16 Northwestern motorway (New Zealand Gazette, 3 August1989, No. 136, page 3404).
4. “Rock Anchors” means the rock anchors required to provide support for the Retaining Wall.
Rights and Powers
5. The Grantee has the right, as an easement in gross, to use and enjoy the Easement Area throughout its whole extent to locate the Rock Anchors as supports for the Retaining Wall.
6. The Grantee has the right with its servants, agents, workmen, licensees, and invitees from time to time and at all reasonable times to enter or gain access to the Easement Area for the purposes of installing and constructing the Rock Anchors and thereafter from time to time inspecting the Rock Anchors and the Retaining Wall and doing anything that may appear reasonably necessary for maintenance, support and repair of the Rock Anchors and Retaining Wall, including the replacement of Rock Anchors or installing new Rock Anchors if that is considered necessary. Such access will be obtained only through the Retaining Wall and not through the surface of the Burdened Land.
7. The exercise of the rights in clause 5 is subject to the condition that as little disturbance as possible is caused to the subsoil of the Burdened Land, that any incidental damage or disturbance done by reason of those works, other than is required due to the installation, maintenance, or repair of the Rock Anchors, is promptly made good.
8. The Grantor must not:
- restrict in any way the Grantee’s access to the Rock Anchors; or
- do or permit to be done anything, including any excavation or other work within the Easement Area, which damages or is likely to damage the Rock Anchors or to render them unstable or unsafe; or
- interfere with or attempt to remove any Rock Anchors.
9. No power is implied in respect of the easement for the Grantor to determine the easement for breach of any provision in the easement (whether express or implied) or for any other cause, to the intent that the term of easement will subsist for all time unless it is surrendered.
10. The rights and powers implied in easements by the Fifth Schedule to the Land Transfer Regulations 2018 are specifically excluded except for clauses 13 and 14, which shall continue to apply.
11. The Grantor must comply with the following restrictions:
- Any vertical loadings on the ground within the Easement Area shall be less than 20kPa; and
- Excavation may be up to one metre in depth below existing ground level within the Easement Area provided that the Grantor does not carry out any excavation on any part of the Easement Area that is within the five metres of the Retaining Wall.
Dated at Wellington this 24th day of August 2021.
J. WRIGHT, for the Minister for Land Information.