6 DECEMBER NEW ZEALAND GAZETTE 4591

Schedule

North Auckland Land District—Auckland City

890 square metres, more or less, being Lot 5, D.P. 27122, situated in Block VIII, Rangitoto Survey District: all certificate of title 697/386.

Dated this 3rd day of December 1990.

P. K. TROTMAN, for Chief Executive, New Zealand Railways Corporation.

(NZR L.O. 17734)

In13368

Survey and Land Information

Public Works Act 1981

Right of Way Easements Acquired and Granted in the Far North District (Kapiro-Pungaere Irrigation Scheme)

Pursuant to the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, declares:

1. Pursuant to section 20, that an agreement to that effect having been entered into, a right of way easement in gross over the land described in the First Schedule hereto vesting in Her Majesty the Queen and her heirs, successors and assigns the rights and powers set forth in the first paragraph to the Seventh Schedule of the Land Transfer Act 1952, is hereby acquired for irrigation purposes on the date of publication in the Gazette.

2. Pursuant to section 48, that a right of way easement containing the powers set forth in the first paragraph of the Seventh Schedule to the Land Transfer Act 1952, over the land described in the Second Schedule hereto, is hereby granted to Robin Geoffrey Thorp of Kerikeri, farmer and Margaret Rose Thorp, his wife and their heirs, successors and assigns, and the said easement shall, subject to the right of revocation set forth in the section 48 of the Public Works Act 1981, be forever appurtenant to the land described in the Third Schedule hereto.

3. That in the event of the easements hereby granted and acquired being surrendered or revoked, either in whole or in part, then notice to that effect may be published in the Gazette.

First Schedule

North Auckland Land Registry

Area
Being

“A” Part Lot 2, D.P. 120486.
“B” Part Lot 2, D.P. 120486.
“C” Part Lot 2, D.P. 120486.
“E” Part Lot 2, D.P. 120486.

All part certificate of title No. 69D/236, North Auckland Land Registry.

Second Schedule

North Auckland Land District

1693 square metres, being part Section 67, Block XII, Kaeo Survey District (part balance Gazette notice B. 720(192)): shown marked “A” on S.O. Plan 64041, lodged in the office of the Chief Surveyor at Auckland.

Third Schedule

North Auckland Land District

Area | Being
ha
8.0200 Lot 1, D.P. 120486. All certificate of title No. 69D/235
11.2100 Lot 2, D.P. 120486. All certificate of title No. 69D/236.

All in the North Auckland Land Registry.

Dated at Auckland this 27th day of November 1990.

G. A. DAWSON, Manager, Lands and Property.

(DOSLI Ak. D.O. 25/30/2)
In13179

Amending a Declaration Acquiring Land for a Regional Park in the City of Manukau.

Pursuant to section 55 of the Public Works Act 1981, and a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, hereby amends the declaration dated the 30th day of May 1989 and published in the New Zealand Gazette dated 8 June 1989, No. 97, page 2234, declaring land to be acquired for a regional park in the City of Manukau, pursuant to section 20 of the Public Works Act 1981, by:

i. adding to the First Schedule thereto the land fiftiethly described the following described land: “4.7846 hectares situated in Block II, Orere Survey District, being part of the Tapapaanga No. 1C Block and part of the Tapapaanga No. 2 Block, shown as Lot 3 on D.P. 28636. All certificate of title Volume 834, folio 263, North Auckland Land Registry.”, and

ii. adding in the operative clause thereto after the words “is hereby acquired” the following words “, subject as to the land secondly described in the First Schedule hereto and that part of the land fiftiethly described in the First Schedule hereto being Lot 3, D.P. 28636, to the right of way easement set forth in the Second Schedule hereto, and as to the land fiftiethly described in the said Schedule, subject and together with the easements created by memoranda of transfer 307710, 311749, 281053 and 427216, North Auckland Land District.” and

iii. adding thereto the following Second and Third Schedules.

Second Schedule

North Auckland Land District

Reserving for Stuart Ashiby of Orere, farmer, together with his heirs, successors and assigns (hereinafter called “the owner”) his tenants, servants, agents and workmen in common with The Auckland Regional Authority (now the Auckland Regional Council) (hereinafter called “the council”), its tenants and any other person lawfully entitled so to enter, a right of way easement in perpetuity containing the rights and powers set forth in the first paragraph of the Seventh Schedule to the Land Transfer Act 1952, as modified by the conditions set forth herein, over the land secondly described in the First Schedule hereto and that of the land fiftiethly described in the said Schedule being Lot 3, D.P. 28636 (hereinafter called “the servient tenement”); and the said easement shall be forever appurtenant to the land described in the Third Schedule hereto (hereinafter called “the dominant tenement”).

Conditions

1. The council may at its option at any future time require the owner to surrender the rights reserved herein in the event that alternative access and electrical power reticulation services are provided to the dominant tenement at the council’s expense.

2. The owner shall not at any time on or over the servient tenement cause, permit or suffer any act whereby the rights,