10 DECEMBER NEW ZEALAND GAZETTE 4451

Declaring Road to be Stopped Land in Whangarei District and to be Crown Land

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:

(a) Pursuant to section 116, the road described in the Schedule to be stopped.

(b) Pursuant to section 42, the stopped road described in the Schedule to be Crown land subject to the Land Act 1948.

Schedule

North Auckland Land District

4224 square metres, adjoining or passing through part Lot 1, D.P. 110534; shown marked “A” on S.O. Plan 66230, lodged in the office of the Chief Surveyor at Auckland. All Gazette notice C. 420994.1.

Dated at Auckland this 3rd day of December 1992.

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

(DOSLI Ak. D.O. Lands 20/2/42)

Lct IN1070

Interests Over Land Acquired in Manukau City

Pursuant to section 20 (1) of 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 that, an agreement to that effect having been entered into, the easements described in the First Schedule are acquired over the land described in the Second and Third Schedules and said easements shall vest in The Auckland Regional Council on the date of publication in The Gazette.

First Schedule

North Auckland Land District

Easements

1. Pauline Mary Cook and Sally Louise Sanderson, both of Auckland, married women (hereinafter together with their heirs, successors and assigns called “the owners”), are the registered proprietors of the land described in the Fourth Schedule (hereinafter called “the servient land”) and are the grantors and The Auckland Regional Council (hereinafter called “the council”) is the grantee of easements in gross and in perpetuity being:

(a) A right of way easement set out firstly herein over the land described in the Second Schedule (hereinafter called “the easement land or areas”) subject to and together with the additional terms and conditions set out herein:

Firstly

Right of Way Easement

The full, free, uninterrupted and unrestricted right, liberty and privilege for the council, its servants, contractors, agents and workmen (in common with the owners, their tenants and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go, pass and repass, with or without vehicles, motor vehicles, machinery and implements of any kind, over and along the land over which this right of way is created.

Secondly

Drainage Easement

The full, free, uninterrupted and unrestricted right, liberty, and privilege for the council and its tenants (in common with the owners, their tenants and any other person lawfully entitled so to do) from time to time and at all times to drain and discharge water from its scour valve located within the water supply easement shown on the plan in any quantities along the stipulated course across the land over which this easement is created.

Additional Terms and Conditions

1. The owners shall not at any time on or over the easement areas and without the prior written consent of the council:

(a) Do or permit any act whereby the rights, powers, licences and liberties granted to the council may be interfered with or affected; or

(b) Do or permit any act whereby the said drains may be interfered with or damaged provided however that nothing herein shall prevent the owners from planting trees, shrubs or other vegetation, or carrying out any earthworks or otherwise, landscaping or beautifying the easement land, nor shall the owners be prevented from paving the easement land in a non-rigid material and utilising it for parking or motor vehicles, provided the owners have first obtained the council’s written approval as to the type of plants, earthworks and paving to be employed and provided such works do not interfere with any water pipe or drainage to prevent the council, its servants or agents from gaining ready access to the easement land.

2. Where the terms herein require the consent of the council to be obtained in respect of any matter herein referred to then the council shall not unreasonably or arbitrarily withhold such consent.

3. In respect of the said right of way easement the council shall be fully responsible for all maintenance and repair costs caused as a result of its use of the said right of way easement provided that where damage to the said right of way is caused by the actions of the owners then the owners shall be responsible for the repair of such damage.

4. The council agrees to forthwith install at its own cost two standard metal pipe gates of a size and in such locations on the servient land as is mutually agreed with the owners.

5. That the rights and powers specified in the Seventh Schedule of the Land Transfer Act 1952 and implied in all registered easements by section 90D of the said Act apply in respect of the easements created hereby.

6. The council shall indemnify the owners against all or any future actions, proceedings, demands, liabilities or costs whatsoever arising out of or resulting from the council’s easements or works pertaining thereto for which the council is legally liable.

7. Nothing herein contained or implied shall be deemed to compel the council to discharge water through the said drain and the council may from time to time discontinue the drainage of water through the same at will.

Second Schedule

North Auckland Land District

Right of Way Easement

Shown marked as above mentioned on S.O. Plan 61848, lodged in the office of the Chief Surveyor at Auckland.