21 JULY 2005

NEW ZEALAND GAZETTE, No. 110

Second Schedule

This land is located at 72 Hayr Road and 4 to 6 Carr Road, Mt Roskill, Auckland.

Third Schedule

Purpose for Which Maintenance and Access Easement Required

The Crown shall have a maintenance and access easement in gross over the maintenance easement land for the purposes of constructing, inspecting, maintaining and replacing retaining walls on the boundary between Hayr Road and the land in Computer Freehold Register NA58B/353.

Rights, Powers, Terms and Conditions

1. The provisions relating to rights of way in the Fourth Schedule to the Land Transfer Regulations 2002 are implied herein as if set out in full, except where inconsistent with any conditions contained in this notice in which case the conditions contained in this notice shall prevail.

2. The Crown may, for the purpose of exercising any right or complying with any obligation of the Crown under this notice in relation to the maintenance easement:

   (a) enter the maintenance easement land at any time with or without agents, consultants, servants, contractors and workmen with all necessary tools, implements, machinery, vehicles or equipment; and

   (b) remain on the maintenance easement land for such time as is necessary for the purpose of exercising such right or performing such obligation.

3. In exercising any rights under clause 2 of this Schedule, the Crown shall:

   (a) cause as little damage, disturbance, inconvenience and interruption to the maintenance easement land and to the use of the maintenance easement land as is reasonably necessary; and

   (b) forthwith make good any damage done to the maintenance easement land and to any occupier of the maintenance easement land including any damage done to any property of an occupier of the maintenance easement land.

4. To ensure that the Crown can maintain the Hayr Road overbridge, the registered proprietor covenants with the Crown that it will not build or erect any structures or other improvements on the maintenance easement land without first obtaining the written consent of the Crown. The Crown shall be entitled to withhold such consent if, in the Crown’s reasonable opinion, such building, structure or improvement will or might have the effect of obstructing the Crown’s access to the Hayr Road overbridge or will or may significantly increase the Crown’s cost of maintaining the Hayr Road overbridge.

5. The registered proprietor shall repair, maintain and keep in good order, condition and repair the maintenance easement land. The costs of such maintenance shall be borne by the registered proprietor. For the avoidance of doubt, the Crown shall not be liable for the cost of maintaining any part of the maintenance easement land.

6. (a) If the registered proprietor fails to maintain the maintenance easement land as required under this notice, and such failure to maintain the maintenance easement land results in additional maintenance costs to the Crown, then the Crown shall serve written notice on the registered proprietor requiring the

   registered proprietor to complete the maintenance works within seven days from the service of the notice.

   (b) If the registered proprietor does not complete the maintenance works before expiration of the notice, the Crown shall be entitled to undertake such maintenance works and recover the costs of so doing from the registered proprietor as a liquidated debt.

7. The grant of easement shall be in perpetuity. The registered proprietor shall have no power whether express or implied to determine the easement for breach of a provision herein.

8. The registered proprietor shall not do any act which impedes, interferes with or restricts the rights of the Crown and other authorised persons in relation to the easement.

9. Any notice given, or required to be given, by either of the parties shall be in writing and shall be deemed to be duly given in accordance with section 152 of the Property Law Act 1952.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 12th day of July 2005.

[L.S.]

PETE HODGSON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2001/7221)

ln4671

Notice of Intention to Take Land for Road and a Leasehold Estate in Land—State Highway No. 1 Interchange, Otahuhu, Auckland City

Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take land and an interest in land described in the Schedules hereto.

The land described in the First Schedule to this notice is required for road, namely construction of the State Highway No. 1 Otahuhu Interchange, Auckland.

The land is required to alleviate traffic congestion in the Auckland metropolitan area.

The proposed land use is in accordance with the designation under the district plan.

A leasehold estate of the land described in the Second Schedule to this notice is required for the purpose set out in the Third Schedule to this notice.

The terms of the leasehold estate are set out in the Fourth Schedule to this notice.

The owners of the land have been served with notice of the Crown’s intention to take their land and interest in land and their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Level Eight, District Court Building, Wellesley Street (P.O. Box 7147), Auckland, within 20 working days after the date of publication of this notice.

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

Any person requiring further information in respect of this advice should contact Hugh Tercel, The Property Group Limited, P.O. Box 104, Auckland. Telephone: (09) 309 8531.

Land and an interest in land at 72 Luke Street: