Pursuant to section 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 Bunnings 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 2 DP 568815 (Record of Title 1023641)

Second Schedule

Easement in Gross Acquired

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

Third Schedule

Easement Rights and Powers

Terms and conditions to apply to right of support easement:

1. Provided that the Grantee has given to the Grantor not less than 72 hours’ written notice, 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. Provided that the Grantee has given to the Grantor not less than 72 hours’ written notice, 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 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.
7. The Grantee acknowledges that the Grantor has granted or intends to grant, an electricity and telecommunication easement to Top Energy Limited (Electricity Easement Grantee) over an area (Electricity Easement Area) which overlaps the Easement Area.
8. The Grantee will give reasonable notice, and in any event not less than three days’ notice, to the Electricity Easement Grantee of the Grantee’s intention to carry out work on the Electricity Easement Area, including identifying the work it intends to carry out.
9. The Grantee must not do or allow any act which may interfere with or affect the rights of the Electricity Easement Grantee or any electrical works on the Electricity Easement Area (Electrical Works) and, in particular, the Grantee must not, without the consent in writing of the Electricity Easement Grantee:
1. on the Electricity Easement Area, carry out any earthworks or stockpiling, or construct any roads or driveways, or remove any soil, sand, gravel or other substance;
2. disturb the soil of the Electricity Easement Area below the depth of 0.3 metres;
3. operate any machinery or equipment (including any excavators) in close proximity to any part of the Electrical Works;
4. impede the Electricity Easement Grantee’s access over the Electricity Easement Area or to the Electrical Works; or
5. do anything on or in the Easement Area which would or could damage or endanger the Electrical Works.

Dated at Wellington this 27th day of September 2023.

SZI MING LEE, for the Minister for Land Information.

(LINZ CPC/2022/22515)