178 NEW ZEALAND GAZETTE No. 9

3286 Part Lot 3, D.P. S. 78753; shown as “Section 2”
on S.O. Plan 326822, being part of the land
contained in Computer Register SA65B/947.

Second Schedule
Fencing Covenant
The parties:

“The council” is the Tauranga District Council, a local
authority constituted under the Local Government Act
1974.

“The owner” is the registered proprietor of all the land
contained in part Lot 3, D.P. S. 78753, being balance of
the land contained in Computer Register SA65B/947.

The parties covenant:

1. The council, and its successors in title, shall not be
   liable nor called on to erect or repair or contribute to
   costs of work as defined in the Fencing Act 1978
   on any boundary fence between the land described in
   the First Schedule hereto and the land described in the
   Third Schedule hereto. The benefit of this covenant
   shall not inure for the benefit of any subsequent
   purchaser for the value of the land described in the
   First Schedule hereto.\n
2. This covenant runs with the land described in the
   Third Schedule and binds the owner and all
   subsequent owners of the land described in the
   Third Schedule hereto.

Third Schedule
Land Over Which the Benefit of a Fencing Covenant
is Acquired

Part Lot 3, D.P. S. 78753, being balance of the land contained
in Computer Register SA65B/947.

Dated at Auckland this 20th day of January 2004.

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

Second Schedule
Fencing Covenant
The parties:

“The council” is the Tauranga District Council, a local
authority constituted under the Local Government Act
1974.

“The owner” is the registered proprietor of all the land
contained in part Lot 3, D.P. S. 78753, being balance of
the land contained in Computer Register SA65B/947
and part Lot 5, D.P. S. 88154, being part of the land
contained in Computer Register SA69D/512.

The parties covenant:

1. The council, and its successors in title, shall not be
   liable nor called on to erect or repair or contribute to
   costs of work as defined in the Fencing Act 1978
   on any boundary fence between the land described in
   the First Schedule hereto and the land described in the
   Third Schedule hereto. The benefit of this covenant
   shall not inure for the benefit of any subsequent
   purchaser for the value of the land described in the
   First Schedule hereto.\n
2. This covenant runs with the land described in the
   Third Schedule and binds the owner and all
   subsequent owners of the land described in the
   Third Schedule hereto.

Third Schedule
Land Over Which the Benefit of a Fencing Covenant
is Acquired

Part Lot 3, D.P. S. 78753, being balance of the land contained
in Computer Register SA65B/947 and part Lot 5,
D.P. S. 88154, being part of the land contained in Computer
Register SA69D/512.

Dated at Wellington this 21st day of January 2004.

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

Land and the Benefit of a Fencing Covenant
Acquired for a Historic Reserve—Tauranga District

Pursuant to section 20 (1) of the Public Works Act 1981,
and to a delegation from the Minister for Land Information,
Ronald Alistair Jolly, Land Information New Zealand,
declares that, pursuant to an agreement to that effect having
been entered into, the land described in the First Schedule
to this notice is hereby acquired, with the benefit of a
fencing covenant described in the Second Schedule hereto
(held appurtenant to the land described in the First Schedule)
over the land described in the Third Schedule hereto, for
a historic reserve and is vested in the Tauranga District
Council on the date of publication of this notice in the
New Zealand Gazette.

South Auckland Land District—Tauranga District
First Schedule
Land Acquired

1298 Part Lot 3, D.P. S. 78753; shown as “Section 3”
on S.O. Plan 326822, being part of the land
contained in Computer Register SA65B/947.

703 Part Lot 5, D.P. S. 88154; shown as “Section 4”
on S.O. Plan 326822, being part of the land
contained in Computer Register SA69D/512.

Road Realignment—McCoy Road and Stanley Road,
Whakatane District

Pursuant to the Public Works Act 1981, and to a delegation
from the Minister for Land Information, Ronald Alistair
Jolly, Land Information New Zealand:

(a) Pursuant to section 114, declares the land described
in the First Schedule to this notice to be road and vested in
the Whakatane District Council.

(b) Pursuant to sections 116 and 117, declares the
portion of road described in the Second Schedule to this
notice to be stopped and shall be amalgamated with the land
in Computer Register SA71A/648, subject to memorandum
of mortgage 5156859.3.

(c) Pursuant to sections 116 and 117, declares the
portions of road described in the Third Schedule to this
notice to be stopped and shall vest in Computer Register
SA71A/650, subject to memorandum of mortgage 5432869.3.

(d) Pursuant to sections 116 and 117, declares the
portion of road described in the Fourth Schedule to this
notice to be stopped and shall vest in Computer Register
SA71A/649, subject to memorandum of mortgage 5745547.1.

(e) Pursuant to sections 116 and 117, declares the
portion of road described in the Fifth Schedule to this notice
to be stopped and shall vest in Computer Register
SA21D/656.

(f) Pursuant to sections 116 and 117, declares the
portion of road described in the Sixth Schedule to this
notice to be stopped and shall vest in Computer Register
SA1049/236.