Pursuant to sections 20 and 48 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Sanket Palshikar, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for the construction and use of a viewing platform over esplanade reserve and shall vest in the Auckland Council, reserving therefrom a maintenance, right to convey water, electricity, telecommunications and gas easements over the land described in the First Schedule to this notice appurtenant to the Common Property on Unit Plan 164696 and noted as a memorial on Supplementary Record Sheet NA99B/145 under section 47(c)(i) of the Unit Titles Act 2010 on the terms and conditions set out in the Second 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 the Construction and Use of a Viewing Platform Over Esplanade Reserve and Easements Reserved

Second Schedule

Terms and Conditions of the Easement

Definitions

In this easement unless the context indicates otherwise:

Burdened Land means Section 1 SO Plan 536462 comprising 0.0094 hectares.

Benefitting Land means Common Property on Unit Plan 164696.

The rights and powers implied in each easement are those prescribed by the Land Transfer Regulations 2018, except as varied as follows:

1. In the easements:

Easement Area means Section 1 SO Plan 536462 comprising 0.0094 hectares.

Easement Facility means in relation to:

1. the right of maintenance, the surface of the Easement Area;
2. the rights to convey water, electricity, telecommunications and gas the easement facilities equipment and connections that protrude from the eastern wall of Unit H on Unit Plan 164696 out into the Easement Area at the date of this instrument.

Grantee, means Body Corporate 164696 and includes the registered owners of the units on Unit Plan 164696 and each of their agents, employees, contractors, tenants, licensees, and other invitees.

2. A right of maintenance means the right of the Grantee to use the Easement Area for access to and from buildings located on Unit Plan 164696 to carry out inspections of and maintenance and repair work to those buildings and the utilities services to those buildings.

3. The Grantee is solely responsible for maintenance and repair of the Easement Facilities.

4. The Grantor is entitled to construct a fence and lockable gate to separate all or some of the Easement Area from the balance of the burdened land. The Grantor will provide Body Corporate 164696 with either a key or combination to any lock on the gate.

Dated at Wellington this 7th day of July 2022.

S. PALSHIKAR, for the Minister for Land Information.

(LINZ CPC/2005/10974)