NEW ZEALAND GAZETTE

1 JUNE

1415

licences and other contracts which relate to the building known as New Regional House at 21 Pitt Street, Auckland.

10. Constellation Drive

The land and buildings known as Constellation Drive Transfer Station and Recycling Centre and detailed in Part 6 of the First Schedule to this Order are hereby vested in the Auckland Regional Services Trust.

11. Assets not transferred to Northern Disposal Systems Limited

(1) Subject to subclauses (2) and (3) of this clause, the following assets and liabilities are hereby vested in the Auckland Regional Services Trust:

(a) Pikes Point land (Onehunga) as detailed in Part 7 of the First Schedule to this Order, and including the land known as Pikes Point Walkway as detailed in Part 8 of the First Schedule to this Order:

(b) Weiti Landfill land as detailed in Part 9 of the First Schedule to this Order:

(c) Devonport landfill site office, recycling building and improvements:

(d) All liabilities of the Auckland Regional Council under section 6 (3) of the Auckland Harbour Board (Auckland Regional Authority Pikes Point East Reclamation) Empowering Act 1976.

(2) For the avoidance of doubt, it is declared that no liability of the Auckland Regional Council in respect of the aftercare of the Pikes Point land under section 707AA of the Local Government Act 1974 shall vest in the Auckland Regional Services Trust.

(3) It is a condition of the vesting of assets and liabilities under subclause (1) of this clause, that the Auckland Regional Services Trust shall negotiate with the Auckland City Council to vest the land known as Pikes Point Walkway in the Auckland City Council.

12. Assets not transferred to Transportation Auckland Corporation Limited

(1) The following assets and liabilities are hereby vested in the Auckland Regional Services Trust:

(a) Gaunt Street Depot ground leases, building and improvements as defined in Part 10 of the First Schedule to this Order:

(b) Orewa Depot (40 Doment Crescent) land as defined in Part 11 of the First Schedule to this Order:

(c) Silverdale land as defined in Part 12 of the First Schedule to this Order:

(d) Swanson Depot land and buildings as defined in Part 13 of the First Schedule to this Order:

(e) If not earlier satisfied or discharged, the loan facility and the debenture issued by Transportation Auckland Corporation Limited to the Auckland Regional Council in terms of clause 3.2.2 of the Sale and Purchase Agreement between the Auckland Regional Council and Transportation Auckland Corporation Limited, dated 28 June 1991.

(2) Subject to subclause (3) of this clause:

(a) The Auckland Regional Council shall take all steps necessary to procure the completion of the subdivision from the land and buildings known as Central Workshops (as detailed in Part 14 of the First Schedule to this Order) of the land and buildings of the Civil Defence Headquarters as identified on the map in the Fourth Schedule to this Order:

(b) The Auckland Regional Council shall advise the Minister of the legal description of the land and buildings detailed in Part 14 of the First Schedule to this Order but excluding the land and building of the Civil Defence Headquarters, within 30 days of the completion of the subdivision:

(c) The land and buildings described in paragraph (b) of this subclause shall vest in the Auckland Regional Services Trust by a separate Order in Council under section 707A (2) of the Local Government Act 1974:

(d) The Order in Council under paragraph (c) of this subclause shall be made within 60 days after the Minister receives advice of the legal description of the land and buildings described in paragraph (b) of this subclause.

(3) From 1 July 1993, the Auckland Regional Services Trust shall assume all obligations, liabilities, and benefits in respect of the land and buildings known as Central Workshops but excluding the Civil Defence Headquarters as identified in subclause (2) of this clause.

(4) It is a condition on the vesting of assets and liabilities in the Auckland Regional Services Trust under subclause (1) of this clause and paragraph (c) of subclause (2) of this clause, that all obligations of the Auckland Regional Council under Part XXXIVB of the Local Government Act 1974 in respect of these assets shall transfer to the Auckland Regional Services Trust.

13. Assets not transferred to Watercare Services Limited

The following assets and liabilities are hereby vested in the Auckland Regional Services Trust:

(a) The Sunset Road East land as defined in Part 15 of the First Schedule of this Order:

(b) The Hunua Headquarters land as defined in Part 16 of the First Schedule of this Order:

(c) The Outfall Chamber off Wharanji Street Onehunga:

(d) The Old Lynn Sewer Outfall:

(e) The land occupied by Outfall Chamber of Seacliffe Road, Onehunga:

(f) The Easement over land on Saleyard Road, Otahuhu.

14. Sundry other specified assets and specified liabilities

(1) The following assets and liabilities are hereby vested in the Auckland Regional Services Trust:

(a) The benefits currently enjoyed by the Auckland Regional Council under the interest rate swap agreement between the Auckland Regional Council and the Westpac Banking Corporation, dated 16 December 1988, and associated with the sale to the Westpac Banking Corporation of ordinary registered stock of $5 million which matures on 15 November 1993:

(b) The obligations under the interest rate swap agreement between the Auckland Regional Council and the Westpac Banking Corporation, dated 16 December 1988, including all obligations under the original loan:

(c) All obligations, liabilities, and benefits of the Auckland Regional Council pursuant to—

(i) The Watercare Services Limited Sale and Purchase Agreement; and

(ii) The Northern Disposal Systems Limited Sale and Purchase Agreement; and

(iii) The Transportation Auckland Corporation Limited Sale and Purchase Agreement; and

(iv) The Ports of Auckland Limited Sale and Purchase Agreement,

not already identified in this Order as vesting in the Auckland Regional Services Trust.\n
(2) For the avoidance of doubt, it is declared that the assets, liabilities, benefits, and obligations identified in the plan approved by the Minister as remaining with the Auckland Regional Council shall not vest in the Auckland Regional Services Trust.