Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Szi Ming Lee, Land Information New Zealand, and pursuant to an agreement to that effect having been entered into, the easement in gross described in the Second Schedule to this notice is acquired over the land of Linita Holdings Limited (“Grantor”) described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in Far North District Council (“Grantee”) on the date of publication of this notice in the New Zealand Gazette.

North Auckland Land District—Far North District

First Schedule

Burdened Land

Lot 3 DP 568815 (part Record of Title 1023642)

Second Schedule

Easement in Gross Acquired

Right of support easement in gross marked A on SO 592419 (“Easement Area”).

Third Schedule

Easement Rights and Powers

Terms and conditions to apply to right of support easement:

1. The Grantee will be entitled at all times, to deposit soil and fill and create and maintain a batter for road on the Easement Area.
2. The Grantee will have the right at all times with or without employees, contractors and agents with all necessary plant, tools and machinery to enter upon the Burdened Land to create and maintain the batter for road on the easement area or to carry out any work or excavation that may be necessary to ensure the continuing functioning of the batter.
3. The Grantor will not at any time, without the Grantee’s approval, dig in the Easement Area or do or cause to be done anything that will undermine or interfere with the batter in its function of supporting the road but the Grantor will be permitted to landscape or plant in the Easement Area provided that such work does not in any way undermine the batter.
4. Notwithstanding the provisions of clause 3 of this Easement, the Grantor may, with the Grantee’s prior written approval and the necessary approvals and consent of the competent authority, construct a driveway entrance within the Easement Area.
5. If the Grantor fills the land adjacent to the batter or constructs a retaining wall such that the batter is no longer required, then the Grantor may apply to the Grantee for the surrender of this easement and the Grantee will grant a surrender of this easement on such terms as the Grantee may require.
6. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the Grantee may have from time to time in respect of the Easement Area.

Dated at Wellington this 27th day of September 2023.

SZI MING LEE, for the Minister for Land Information.

(LINZ CPC 2022/22515)