NEW ZEALAND GAZETTE

No. 155

5. This right of way is not in substitution for and is without prejudice to such statutory rights and authorities as the council may have from time to time in respect of the easement areas.

Schedule C

Batter Easement

1. The owner grants to the council as an easement in gross, an exclusive right at all times to deposit soil and fill and to create and maintain a batter (including a retaining wall) within and over that part of the land marked “A” and “B” on S.O. 70696 (“the easement area”).

2. The council may from time to time and at all reasonable times enter upon the owner’s land with or without engineers, contractors and workers for the purpose of creating, maintaining and inspecting the batter or any retaining wall or other structure forming part of the batter and to do all things which appear reasonably necessary for its maintenance, support, repair and replacement if required.

3. The council is responsible for the maintenance and repair of the batter including any retaining wall or other structure forming part of the batter at all times, so that it does not become a danger or a nuisance, except to the extent that the maintenance or repair is required as a result of the act or omission or negligence of the owner or the owner’s agents, tenants, or licensees, when the owner will bear the cost of the work.

4. The owner covenants with the council that the owner will not place any buildings or structures or carry out any construction or other work on the easement area without the prior written approval of the council. The council will not unreasonably withhold consent to the carrying out of any construction or other work on the easement area where this does not adversely affect the structural integrity of the retaining wall or the support provided by the batter to the adjacent land during and following completion of the relevant works.

5. The rights herein are not in substitution for and are without prejudice to such statutory rights and other authorities as the council may have from time to time in respect of the easement area.

Dated at Auckland this 6th day of November 2001.

B. G. TAYLOR, Principal Administrative Officer, Auckland City Council.

(CPC/1998/1026/A)

ln7998

Notice of Intention to Take Land for Road—

Taupo Bay Road, Taupo Bay, the Far North District Council

Notice is hereby given that the Far North District Council, under the provisions of the Public Works Act 1981, intends to take the land described in the Schedule hereto for road to legalise the existing formed alignment of Taupo Bay Road.

The taking is considered reasonably necessary because:

• the existing formed road provides the only access into the Taupo Bay township;
• the existing formed road crosses over the land; and
• the land is required to provide a legal link between the existing legal roads.

Any person having an estate or interest in the land may, within 20 working days after the date of this notice, send an objection to The Registrar, Environment Court, P.O. Box 5027, Wellington.

If any objection is made in accordance with this notice, a public hearing will be held, unless the objector otherwise requires, and each objector will be informed of the date, time and place of the hearing.

Schedule

North Auckland Land District

All those pieces of land situated in Block II, Whangaroa Survey District, as follows:

A copy of the plans may be inspected at the Kawakawa and Kaeo Service Centres of the Far North District Council, Gillies Street, Kawakawa, and Leigh Street, Kaeo, respectively, during normal office hours.

The land to be taken is formed as road and is situated on the Taupo Bay Road at Taupo Bay approximately 9 kilometres east of the junction with State Highway No. 10 (S.O. 66203) and approximately 10.4 kilometres east of the junction with State Highway No. 10 (S.O. 44975).

Dated at Kaikohe this 15th day of November 2001.

CLIVE ANTHONY MANLEY, Chief Executive, the Far North District Council.

ln8046

Reserves Act 1977

Classification of Neighbourhood Reserves—Hamilton City

Pursuant to the Reserves Act 1977, and to a delegation from the Minister of Conservation, the Hamilton City Council hereby classifies the reserves described in the Schedule hereto as recreation reserves, subject to the provisions of the said Act.

Schedule

South Auckland Land District—Hamilton City