Notice Type
Land Notices
Notice Title

Right of Way Easement Acquired for a Service Lane—72–74 Mokoia Road, Birkenhead, Auckland

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right of way easement in gross in favour of the Auckland Council over the land described in the First Schedule to this notice is hereby acquired by the Auckland Council for a service lane 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

Right of Way Easement in Gross Acquired
  Part Lot 1 DP 43141; shown marked “A” on SO 581945 (part Record of Title NA1323/64).

Second Schedule

Terms of the Easement Acquired

1. Definitions

“Burdened Land” means the parcel of land being Lot 1 Deposited Plan 43141 in Record of Title NA1323/64.

“Easement Area” means the area marked “A” on SO 581945.

“Grantee” means the Auckland Council.

“Grantor” means the registered owner of Lot 1 DP 43141 in Record of Title NA1323/64.

2. Grant of Right of Way Easement

2.1 The Grantor grants to the Grantee, its employees, contractors, licensees and invitees, including the general public (in common with the Grantor, the Grantor’s tenants and any other person authorised by the Grantor) as an easement in gross the right forever to pass and repass at all times over and along the Easement Area with motor and other vehicles, laden or unladen, on foot or with wheelchairs.

2.2 The Grantee also has the right, subject to clause 3, to enter and remain for a reasonable time on the Easement Area or any other parts of the Burdened Land as are reasonable:

2.2.1 to inspect, maintain or repair the surface of the Easement Area; and

2.2.2 to do anything else in the full exercise of its rights in this instrument, with the Grantee’s agents, contractors and employees, and with or without tools, plant, equipment and vehicles.

3. Access

3.1 The Grantee’s right of access in clause 2.2 may be exercised on giving reasonable notice to the Grantor, being at least 48 hours, except in an emergency.

3.2 When obtaining access for the purposes of clause 2.2, the Grantee must cause as little disturbance as possible to the Grantor’s use and enjoyment of the Burdened Land and shall promptly reinstate any damage caused to the Burdened Land as a result of such access.

4. Maintenance and Repair

4.1 Any damage to the surface of the Easement Area that is caused by either party or any person under the control or direction of that party must be made good promptly by that party.

5. Grantor’s Obligations

5.1 The Grantor may not:

5.1.1 place or allow any obstruction to the use and enjoyment of the right of way, whether by parked vehicle, rubbish or otherwise; or

5.1.2 do anything or allow anything to be done which interferes with or adversely affects the rights of the Grantee under this notice; or

5.1.3 alter, reconstruct or change the surface levels of the Easement Area and will not at any time do, permit or suffer to be done any act whereby the levels of the Easement Area are affected in any way except as approved by the Grantee.

6. No Power to Terminate

6.1 There is no implied power in this instrument for the Grantor to terminate the easement rights due to the Grantee breaching any term of this instrument or for any other reason, it being the intention of the parties that the easement rights will continue forever unless surrendered.

7. Statutory Rights and Powers

7.1 The rights in this instrument are in addition to those set out in Schedule 5 of the Land Transfer Regulations 2018, and where the terms of this instrument are in conflict with the Land Transfer Regulations 2018, the terms of this instrument shall prevail.

Dated at Masterton this 5th day of December 2022.

K. McPHAIL, for the Minister for Land Information.

(LINZ CPC/2005/10974)