21 MARCH NEW ZEALAND GAZETTE 739

Land Acquired for Road—Girven Road, Tauranga District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the Schedule hereto is hereby acquired for road and is vested in the Tauranga District Council on the date of publication of this notice in the New Zealand Gazette.

Schedule

South Auckland Land District—Tauranga District

Dated at Auckland this 18th day of March 2002.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/98/1286/B2)

ln1953

Land Acquired for Road—Waikite Road, Tauranga District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the Schedule hereto is hereby acquired for road and is vested in The Tauranga District Council on the date of publication of this notice in the New Zealand Gazette.

Schedule

South Auckland Land District—Tauranga District

Dated at Auckland this 1st day of February 2002.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC 98/1286/B3)

ln1954

Amending a Notice Declaring Land Acquired for Soil Conservation and River Control Purposes—Dunedin City

Pursuant to section 55 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, hereby amends the notice dated 13 January 1998, published in the New Zealand Gazette, 19 February 1998, page 638, by amending the purpose of acquisition of item 4 of the First Schedule thereto from soil conservation and river control purposes to being acquired for severance, and declares that that area containing 1775 square metres; marked “K” on S.O. Plan 23943, shall be amalgamated with the land in certificate of title OT8C/481.

Dated at Auckland this 27th day of February 2002.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/98/1558)

ln1891

Declaring Land Acquired for Soil Conservation and River Control Purposes, and Granting Easements—Dunedin City

Pursuant to sections 20 and 28 (a) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, agreements to that effect having been entered into, the land described in the First and Second Schedules hereto is hereby acquired for soil conservation and river control purposes and shall vest in the Otago Regional Council, subject to right of way easements as described in the Third Schedule hereto over the land described in the Second Schedule hereto to be held appurtenant to the land described in the Fourth Schedule hereto.

Otago Land District—Dunedin City

First Schedule

As shown marked as above mentioned on S.O. Plan 23943, lodged in the office of Land Information New Zealand at Dunedin.

Second Schedule

As shown marked as above mentioned on S.O. Plan 23943, lodged in the office of Land Information New Zealand at Dunedin.

Third Schedule

Description of Easements

The rights and powers implied in and attaching to a right of way as set out in the Seventh Schedule to the Land Transfer Act 1952, under the heading “Right of Way” and the rights and powers implied in the Ninth Schedule to the Property Law Act 1952, as if the same were fully set out herein and also on the following terms, conditions and covenants—

1. Maintenance:

   (a) The right of way will be maintained, repaired and replaced as is necessary to keep the right of way in good order and condition.

   (b) The cost of maintaining, repairing and replacing the right of way as specified in paragraph 1 (a) will be borne in accordance with the use of the right of way by the owners of the dominant tenement.

   (c) Notwithstanding paragraph 1 (b), if any maintenance, repair or replacement of the right of way is necessary due to any act or omission, neglect or fault of a particular registered proprietor or that registered proprietor’s employees, contractors, agents, tenants, licensees or invitees, then the registered proprietor will promptly carry out such maintenance, repair or replacement and will bear the loss of such maintenance, repair or replacement.

2. Arbitration:

   An arbitrator, under the Arbitration Act 1996 or any Act passed in substitution or amendment, shall