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

1. Pursuant to section 116, declares the land described in the First and Second Schedules to this notice is to be stopped and remain vested in the Crown;
2. Pursuant to sections 117 and 50, declares the land described in the First Schedule to this notice be set apart for Railway Land and vests in Auckland Council;
3. Pursuant to sections 117 and 50, declares the land described in the Second Schedule to this notice be set apart for Railway Protection Land and vests in Auckland Council;
4. Pursuant to section 50, declares the land described in the Third Schedule to this notice be set apart for Railway Land and vests in Auckland Council;
5. Pursuant to section 50, declares the land described in the Fourth Schedule to this notice be set apart for Railway Protection Land and vests in Auckland Council;
6. Pursuant to sections 20 and 28, declares that an agreement to that effect having been entered into, the easement in gross over the land described in the Second and Fourth Schedules to this notice for the areas described in the Fifth Schedule to this notice is acquired upon the terms and conditions set out in the Sixth Schedule to this notice and shall vest in the Crown;

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

North Auckland Land District—Auckland

First Schedule

Road to be Stopped and Set Apart for Railway Land

Second Schedule

Road to be Stopped and Set Apart for Railway Protection Land

Third Schedule

Land to be Set Apart for Railway Land

Fourth Schedule

Land to be Set Apart for Railway Protection Land

Fifth Schedule

Easement Acquired Over Railway Protection Land

An easement in gross in favour of the Crown for the rights (as set out in the Sixth Schedule to this notice) over the areas marked “C” and “G” on SO 559178, and the areas marked “A, B, D, DD, E, F, H & HH” on SO 564417.

Sixth Schedule

Easement Rights and Powers

1. Easements

1. A right to convey water, electricity, and telecommunications in gross, with the rights and powers contained in Schedule 5 of the Land Transfer Regulations 2018;
2. A right to drain water in gross, and a right to drain sewage in gross, with the rights and powers contained in Schedule 5 of the Land Transfer Regulations 2018;
3. A right to maintain piles, pillars, columns, walls, base course, anchors and other structural elements of or associated with any structure located above the Freehold Parcels, including all other transport related assets either on ground or buried, and anything in replacement or substitution, for the purposes of the motorway and other transport-related facilities in the land above the Freehold Parcels, with the rights and powers contained in clauses 10, 11, 12, 13 and 14 of Schedule 5 of the Land Transfer Regulations 2018.

2. Restrictions

The above easements are subject to the following restrictions, which will prevail over the provisions in Land Transfer Regulations 2018 to the extent of any conflict or inconsistency:

1. The grantee must not carry out, or permit or allow to be carried out, any excavation, building, foundations, piles or other work of any nature within the Railway Protection Land (“Proposed Activities”) where any such Proposed Activities will:
1. result in a net change (increase or reduction) in ground load of 50kPa (working) from the ground load (including ground modifications and built structures) that existed at 17 March 2021 resulting or expected to result from any such Proposed Activities, as measured at the legal boundary that represents the upper or side boundary of the Freehold Parcels; or
2. otherwise damage or adversely affect the railway tunnels within the Freehold Parcels.
2. The grantee is not required to obtain the consent of the grantor to any Proposed Activities, provided that before undertaking any Proposed Activities, the grantee:
1. causes a suitably qualified engineer to calculate the net change in ground load in terms of clause (a) as a result of those Proposed Activities;
2. retains for 10 years those calculations, details of the location and depth of any structural elements, and the calculated load supported by the structural elements, with accompanying specifications and methodology for the undertaking of the Proposed Activities;
3. only undertakes the Proposed Activities if:
   1. the calculations show, and the grantee is reasonably satisfied, that the change in ground load complies with clause (a); or
   2. in any other case, with the express written consent of the grantor, which may be given or withheld at the grantor’s absolute discretion;
   and then only in accordance with the calculations in (b)(i) and specifications and methodology in (b)(ii) and (if clause (b)(iii)(B) applies) the express written consent of the grantor; and
4. makes those calculations, specifications and methodology available to the grantor upon request.

In this Schedule, the term “Freehold Parcels” means the land in the First, Second, Third, and Fourth Schedules.

Dated at Wellington this 22nd day of March 2023.

KERRY McPHAIL, for the Minister for Land Information.

(LINZ CPC/2020/21154)