23 JUNE
NEW ZEALAND GAZETTE
2093

First Schedule

Wellington Land District

Area m² Being
1239 Part Taonui Ahuaturanga 8; marked “D” on S.O. Plan 37074.
264 Part Lot 1, D.P. 15470; marked “E” on S.O. Plan 37074.
125 Part Lot 1, D.P. 15470; marked “G” on S.O. Plan 37074.
35 Part Lot 3, D.P. 2774; marked “H” on S.O. Plan 37074.

(All parts Gazette notice B. 313057.1.)

Second Schedule

Wellington Land District

Area m² Adjoining or passing through
1865 Lot 4, D.P. 2774 and part Section 1681, Town of Palmerston North; marked “F” on S.O. Plan 37074.

Dated at Wanganui this 20th day of June 1994.

B. P. BONISCH, District Solicitor.

(DOSLI Wg. 5350-C/8066/713:696147)

In4626

Declaring Service Lane to be Stopped in Rodney District

Pursuant to section 116 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 the portion of service lane described in the Schedule to be stopped.

Schedule

North Auckland Land District

270 square metres, adjoining or passing through Lot 3, D.P. 90593, Lot 14, D.P. 64265, Lots 1 and 2, D.P. 97492; shown marked “D” on S.O. Plan 67259, lodged in the office of the Chief Surveyor at Auckland.

Dated at Auckland this 21st day of June 1994.

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

(DOSLI Ak. D.O. S.O. 67259)

In4638

Rights of Way Easements Acquired in Rodney District

Pursuant to section 20 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, that the rights of way easements over the land described in the First Schedule containing the rights and powers set forth in the Second Schedule, are hereby acquired, for commercial purposes and shall vest in The Rodney District Council on the date of registration of the transfer, in the Land Registry Office at Auckland, of the land described in the Third Schedule to Churchill Group Holdings Limited and Facility Finance Limited.

First Schedule

North Auckland Land District

Area m² Being
1526 Part Lot 3, D.P. 157992 (formerly Lot 2, D.P. 105921); marked “A” on plan.
374 Part Allotment 731, Parish of Waiwera; marked “B” on plan.
2153 Part Lot 4, D.P. 90593; marked “C” on plan.

Shown marked as above mentioned on S.O. Plan 67259, lodged in the office of the Chief Surveyor at Auckland.

Second Schedule

North Auckland Land District

1. Churchill Group Holdings Limited and Facility Finance Limited are “the grantors” and The Rodney District Council “the grantee” in perpetuity, of rights of way easements in gross over the land described in the said First Schedule as set out hereunder.

2. The full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, its servants, tenants, agents, workmen, licensees and invitees (in common with the grantors, 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 re-pass; with or without vehicles laden or unladen and with materials, machinery and implements of any kind, over and along that part of the said land as is described in the said First Schedule hereto together with the full, free and uninterrupted right, liberty, authority and licence from time to time and at all times hereinafter to do all and any such acts, matters and things as the grantee may consider necessary or desirable for any such purposes provided always that in exercising its rights hereunder the grantee shall do as little damage as practicable to the surface of the said land, any vegetation, fences or erections thereon.

3. The grantors have covenanted with the grantee that the grantors:

(a) will not place any buildings or erections, or plant or allow or suffer to grow any tree or shrub on the servient land and will not at any time hereinafter do, permit or suffer to be done, any act whereby the rights, powers and licences and liberties hereby granted to the grantee may be interfered with or prejudiced in any way.

(b) shall be responsible for the maintenance of the carriageway within the easement area subject to the grantee having first approved the line, width, the gradient and form of construction of the carriageway within the easement area. The grantee shall not unreasonably withhold approval nor impose unreasonable conditions or requirements on its approval.

4. Upon the grantors failing to maintain the easement as required in clause 3 (b) above the grantee may on written notice given to the grantors pay, perform or otherwise carry out maintenance itself and in any such case the grantee may recover the reasonable costs thereof from the grantors by any lawful process.

5. These easements are not in substitution for and are without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the said land.