15 DECEMBER
NEW ZEALAND GAZETTE
4451

that effect having been entered into, an air and light easement in gross over the land described in the Second Schedule, subject to the terms and conditions in the Third Schedule, is acquired in connection with a limited access road and shall vest in the Crown on the date of publication in the New Zealand Gazette.

First Schedule

North Auckland Land District

3140 square metres, more or less, being Lot 1 on D.P. 153650. All certificate of title No. 91C/699, North Auckland Land Registry.

Second Schedule

North Auckland Land District

333 square metres, more or less being part Lot 1, D.P. 153650, shown marked “A” on S.O. Plan 67442, lodged in the office of the Chief Surveyor at Auckland.

Third Schedule

North Auckland Land District

1. John David Barrett, painter and decorator and Diane Eileen Barrett, dressmaker, both of Auckland (hereinafter together with their heirs, successors and assigns called the “owners”), are the registered proprietors of the land described in the First Schedule hereto (the servient tenement) and the Grantors and Her Majesty the Queen (hereinafter together with her heirs, successors and assigns called “the Crown”) is the grantee for ever of an air and light easement for the purpose of enjoying an unrestricted and unimpeded line of sight in, over and across that part of the servient tenement marked “A” on S.O. Plan 67442, from and above a horizontal plane at existing adjacent road level shown as RL 4.00 on Cross Section A-A on the diagram appended hereto and to a horizontal plane 2 metres above the said existing road level shown as RL 6.00 on the said Cross Section.

2. If the aforementioned easement is no longer required, such determination shall be made at the sole discretion of the Crown or her successors, and the Crown will at the request of the owners, release the owners from this easement and surrender any easement registered against the owners certificate of title provided that no compensation shall be payable to the Crown or the owners. Any easement agreed to be surrendered may be partially or fully surrendered by memorandum of transfer or notice published in the New Zealand Gazette in accordance with section 42 (4) of the Public Works Act 1981.

3. The boundaries of the easement shall not be fenced and the owners and occupiers of the land shall have the right to use the same (except for such use as may be reasonably held to interfere with the enjoyment of the Crown and its successors and assigns) but shall not erect, cause, permit or suffer any buildings, structures, objects, shrubs or trees to intrude within the easement area or suffer any act whereby the rights, powers, licences and liberties of the Crown may be interfered with or affected.

4. The Crown shall at its own cost and without cost to the owners have the right of entry after giving reasonable notice where practicable on the said land at any time with or without engineers and workmen and with or without tools and equipment to trim and keep trimmed any over height trees within the line of easement as may be necessary, provided that the owners will not unreasonably withhold consent.

Dated at Auckland this 13th day of December 1994.

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

(DOSLI Ak. D.O. 2/6/23)

Land Acquired for Road in Longwood Survey District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Statutory Operations, Department of Survey and Land Information, Invercargill, declares agreements to that effect having been entered into the land described in the Schedule hereto is hereby acquired for road, which pursuant to section 60 (2) of the Transit New Zealand Act 1989, shall form part of Tuatapere-Orepuki Highway (State Highway 99) and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

Schedule

Southland Land District—Southland District

Land Acquired for Road

Area m² Being
1026 Part Section 6, Block I, Longwood Survey District; as shown marked “A” on SO 12031. Part certificate of title B2/782.
2094 Part Lot 2, DP 6700; as shown marked “B” on SO 12031. Part certificate of title B2/781.

As shown on the above-mentioned plan, lodged in the office of the Chief Surveyor at Invercargill.

Dated at Invercargill this 9th day of December 1994.

K. McNaught, Manager, Statutory Operations.

(DOSLI In. 955768)

Land Acquired for Road and Road Stopped in Mararoa Survey District

Pursuant to Part VIII of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Statutory Operations, Invercargill;

(a) Pursuant to section 20 (1), declares agreements to that effect having been entered into the land described in the First Schedule hereto is hereby acquired for road, which pursuant to section 60 (2) of the Transit New Zealand Act 1989, shall form part of Te Anau-Mossburn Highway (State Highway 94) and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

(b) Pursuant to sections 116 and 117, declares the portion of road, described in the Second Schedule hereto, to be stopped and amalgamated with the land in certificate of title 10A/653, subject to existing encumbrances.

First Schedule

Southland Land District—Southland District

Land Acquired for Road

Area m² Being
1136 Part Section 47, Block IV, Mararoa Survey District as shown marked “A” on SO 12037. Part certificate of title 10A/653.
570 Part Section 14, Block IV, Mararoa Survey District; as shown marked “B” on SO 12037. Part certificate of title 10A/653.