1134

NEW ZEALAND GAZETTE

No. 55

Amending a Notice Proclaimed to be Road in Blocks III and IV, Otahoua Survey District and Road Closed and Vested and Land Taken and Vested in Block IV, Otahoua Survey District, Masterton County

Pursuant to section 55 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, Wellington, hereby amends the notice dated the 28th day of August 1968, and published in the New Zealand Gazette of 10 October 1968 at page 1758 by amending the recital to read:

“Pursuant to sections 114, 116, 117 and 120 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, Wellington, declares the land described in the First Schedule hereto, to be road, the road described in the Second Schedule hereto, to be closed, and the land described in the Third Schedule hereto, to be severance (these now known as Section 1025, Whareama District, containing 172 square metres (6.8p) and Section 1026, Whareama District, containing 6336 square metres (1a 0r 32.7p and 0a 1r 17.8p) and all 3 to be amalgamated with certificate of title, Volume 659, folio 31, subject to mortgage B. 093047.5.”

Dated at Wellington this 2nd day of April 1992.

D. I. GRAY, Manager, Lands and Property.

(DOSLI Wn. D.O. 19/2/39/0/9/22)

In3572

Easements Over Land Acquired for the Purposes of a Motorway in the District of New Plymouth

Pursuant to sections 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Manager, Department of Survey and Land Information, New Plymouth, declares that, an agreement to that effect having been entered into, the rights respectively described in the First and Second Schedules hereto, are hereby acquired as easements in gross over the land described in the Third Schedule (called “the servient tenement”), and vested in the Crown (called “the grantee”) for the purposes of a motorway on the date of publication hereof in the Gazette.

First Schedule

Right of Way

The “right of way” as such is defined in the Seventh Schedule to the Land Transfer Act 1952.

Second Schedule

Batter Easement and Access Rights

1. The full, free right, liberty, and power forever upon the terms set out in clause 2 hereof:

(a) To deposit and place and maintain in place on the servient tenement such earth or spoil as may be necessary or desirable in the opinion of the grantee, her officers, servants or agents, to build up or support the New Plymouth motorway on a proper batter.

(b) To deposit and place such additional material on the servient tenement as may in the opinion of the grantee, her officers, servants or agents, be necessary or desirable to keep and maintain such batter.

(c) For the grantee, her officers, servants or agents, from time to time, to enter upon the servient tenement with or without vehicles, materials, plant or appliances, for the purpose of carrying out any of the rights granted in the foregoing clauses.

2. The grantee, her officers, servants and agents, shall in exercising the foregoing rights:

(a) Not deposit any such earth, spoil or material upon any land of The New Plymouth District Council beyond the boundary of the servient tenement.

(b) At all times use reasonable care and skill.

(c) Give prior notice of not less than 48 hours before entering the servient tenement, unless entry is required for emergency purposes.

(d) Upon completion of any works hereby authorised as soon as possible restore the surface of the servient tenement as nearly as possible to the same state having regard to all the circumstances as it was in before the said works were carried out.

(e) To pay sufficient compensation to the owner of the servient tenement or rectify any damage caused by any subsequent defect in the batter easement where such defect was not caused by that owner.

Third Schedule

Taranaki Land District—New Plymouth District

Description of Servient Tenement

6607 square metres, situated in Block V, Paritutu Survey District, being Section 1029, Grey District.

Dated at New Plymouth this 3rd day of April 1992.

P. A. JACKSON, District Solicitor.

(DOSLI Wg. 7/3/0/11 : 695103)

In3403

Land Acquired for Road, Corner of Dawson and Young Streets, New Plymouth

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Manager, Department of Survey and Land Information, New Plymouth, declares that, an agreement to that effect having been entered into, the land described in the Schedule hereto, is hereby acquired for road and shall vest in The New Plymouth District Council on the date of publication of this declaration in the Gazette.

Schedule

Taranaki Land District

Area
m²
Being

68 Part Lot 1, D.P. 15028, being part certificate of title G4/975, shown as area “A” on S.O. 13303.

As shown marked as above mentioned on the plan numbered as above mentioned, lodged in the office of the Chief Surveyor at New Plymouth.

Dated at New Plymouth this 9th day of April 1992.

P. A. JACKSON, District Manager.

(DOSLI, N.P. D.O. 10/5)

In3552

Land Acquired for Road (State Highway No. 5) in Rotorua District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor of the Department of Survey and Land Information, Hamilton, declares that, agreements to that effect having been entered into, the land described in the Schedule hereto is hereby acquired for road and shall vest in the Crown on the date of publication hereof in the Gazette.

Schedule

South Auckland Land District

127 square metres, situated in Block XVI, Rotorua Survey District, being part Lot 10, D.P. 23442; as shown marked “O”