Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Sanket Palshikar, Land Information New Zealand, declares that, pursuant to sections 20 and 28, and an agreement to that effect having been entered into, the easement in gross described in the First Schedule is acquired for use in connection with a road over the land in Record of Title NA31C/885 on the terms and conditions as provided in the Second 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

Easement to be Acquired

Right of Way easement in gross marked A on SO 568383 being Part Lot 6 DP 1468 (Record of Title NA31C/885).

Second Schedule

Purpose

The purpose of the easement is to provide access for Batter maintenance.

Easement Terms

1. The easements shall contain the rights and powers implied into rights of way easement by the Land Transfer Regulations 2018 and/or Schedule 5 of the Property Law Act 2007.
2. The Grantor shall permit the Grantee to enter upon the Easement Area at all times with or without such assistants, machinery, vehicles and equipment as are reasonably necessary for the purpose of gaining access to the Batter constructed by the Grantee as part of the Western Ring Route – State Highway 16 Royal Road Interchange Upgrade Project (“Batter”), but only to the extent that the Grantee is not able to reasonably access the Batter from its own land, and may perform any act or operation necessary for the purpose of inspecting or maintaining the Batter on the following terms and conditions.
3. All references to the “Grantee” shall include the NZ Transport Agency, which may exercise all of the Grantee’s rights.
4. For the purposes of this clause, “maintenance” includes:
1. any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, existing works; and
2. the carrying out of any replacement or upgrade of existing works as long as the Land will not be injuriously affected pursuant to the Public Works Act 1981 as a result of the replacement or upgrade.
5. During maintenance, the Grantee shall erect a temporary fence for the period of maintenance and/or provide adequate security to users of the balance of the Grantor’s land (“Balance Land”).
6. Prior to entering onto the Easement Area for the purpose of inspecting or maintaining the Batter, the Grantee shall give reasonable written notice to the Grantor (at least 10 working days before entry) except in Emergency Situations (defined below) of its intention to do so. Such notice must specify:
1. the location of the proposed entry and work;
2. the reasons for the entry and work and the nature of the work to be undertaken;
3. the date and time of entry;
4. the length of time that the Grantee expects to be on the land;
5. machinery proposed to be utilised for the works; and
6. why access is not possible from the Grantee’s own land.
7. The Grantee shall keep the Grantor informed of its progress in undertaking any inspection or works to the Batter and shall prior to and during the undertaking of such works provide a revised notice to the Grantor where any of the matters specified in clauses (f)(i) to (vi) above have materially changed from those previously notified to the Grantor.
8. If the Grantee believes on reasonable grounds that it is necessary to enter onto the Easement Area because of a situation where there is a probable danger to life, property or the environment, or immediate risk to the continuity or safety of the operation of the motorway or Batter (“Emergency Situation”), the Grantee may enter on the Easement Area at any time immediately and without prior notice.
9. Upon entering the Balance Land the Grantee shall adhere to existing formed access routes as far as is reasonably practicable to do so and shall minimise any disruption or disturbance caused to the Balance Land as a result of such access.
10. Upon completion of any maintenance to the Batter, the Grantee shall:
1. re-establish and reinstate planting and the ground on any part of the Easement Area which was directly affected by the Grantee carrying out maintenance to the state existing immediately prior to the work commencing and to the satisfaction of the Grantor.
2. Relocate and/or reinstate any existing services on, over or under the Easement Area and shall cause as little disturbance as possible to the Grantor.
11. The Grantor shall not cause or permit to be caused any works on the Easement Area or the Balance Land that may undermine or interfere with the stability of the Batter. The Grantor will, at its own cost, remove any works on the Balance Land which breach, or in the Grantee’s reasonable opinion are likely to breach, this clause. Alternatively, at the Grantee’s option, the Grantee may remove such works and recover costs from the Grantor.
12. The Grantor will not be liable for any erosion caused by the stream which may undermine the stability of the Batter, unless it is directly caused by the Grantor’s actions.

Dated at Wellington this 11th day of January 2023.

S. PALSHIKAR, for the Minister for Land Information.

(LINZ CPC/2019/20676)