NEW ZEALAND GAZETTE, No. 161

22 SEPTEMBER 2005

motorway and to vest in the Crown on the 14th day after
the date of the publication of this Proclamation in the
New Zealand Gazette.

North Auckland Land Registry—Auckland City

First Schedule

Second Schedule

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 September 2005.

[L.S.]

PETE HODGSON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2000/6526)

ln6160

Land Taken for Use in Connection With a Road—
State Highway No. 2, Petone to Dowse Drive
Realignment, Wellington – Unit 2A UP 68792

SILVIA CARTWRIGHT, Governor-General

A Proclamation

Pursuant to the Public Works Act 1981, I, The Honourable
Dame Silvia Cartwright, Governor-General of New Zealand,
hereby declare all rights and interests under the Unit Titles
Act 1972 (“the Act”) held by the registered proprietor
of Unit 2A, Computer Unit Title Register WN 39A/594
and supplementary record sheet WN 36D/871, Wellington
Registry, relating to the land described in the First Schedule,
including those rights and interests set out in the Second
Schedule, to be taken for use in connection with a road.

The interests acquired hereunder shall vest in the Crown on
the 14th day after the date of the publication of this
Proclamation in the New Zealand Gazette.

Wellington Land Registry—Hutt City

First Schedule

This land is located at 408 Hutt Road, Wellington.

Second Schedule

Rights and Interests

1. (a) The undivided share in the fee simple estate in that
   part of the land described in the First Schedule,
   being common property (relating to the Unit Title
   development defined on Unit Plan 68792).

(b) The undivided share in the fee simple estate in that
part of the land described in the First Schedule,
being Units 4 and 6, Accessory Units 14 to 19
(inclusive), and 73 to 90 (inclusive) on Unit Plan
68792 (“the Crown-owned Units”), which the
registered proprietor is contingently entitled to by
virtue of sections 45 and 47 of the Act, and all
other rights with respect to the Crown-owned

Units, including the interest to vote in favour of
resolutions to give effect to the actions in
paragraphs 2 (a), (b), (c) and (d).

Actions

2. (a) Demolition of the buildings located on Units 4
   and 6;

(b) transfer of the Crown-owned Units to common
property in accordance with section 19 (2) of the
Act;

(c) taking the land described in the First Schedule by
declaration or transfer instrument; and

(d) reservation of an appurtenant easement over
Section 2 on SO 341776, granting a formal right
of support and access rights in favour of the
Principal Units on Unit Plan 68792 and all
Accessory Units included in the same Computer
Unit Title Registers as those Principal Units on the
terms set out in the Third Schedule to this notice.

Third Schedule

Terms of Easement

1. Interpretation

“dominant land” means the land held in Computer Unit
Title Registers 39A/593, 39A/594, 39A/595, 39A/597,
39A/599, 39A/600, 39A/601, 39A/602, 39A/603,
39A/604, 39A/605, 39A/606, 39A/607 and 39A/608.

“easement” means the easement of the right of support
and right of way described in this Schedule.

“grantor” means the Crown.

“grantee” means the registered proprietor(s) of the
dominant land.

“MSE” means a mechanically stabilised embankment to
be constructed as part of the proposed Hutt Road
Interchange on the land adjoining Section 2 on
SO 341776.

“servient land” means Section 2 on SO 341776.

“structures” means that part of the external wall,
concrete column bases and foundation beams
and footings, and all associated fittings, fixtures and
attachments constructed on, under, through and over
the servient land.

2. Grant of Easement

2.1 The grantor GRANTS to the grantee as an easement
imposed upon the servient land and appurtenant to the
dominant land, pursuant to section 48 of the Public
Works Act 1981, the right to:

(a) use the structures as a support for the building on
the dominant land;

(b) subject to clause 2.2, from time to time and at all
reasonable times enter upon the servient land with
or without engineers, contractors and workers for
the purpose of inspecting the structures and the
wall of the building they support and, subject to
5.2, to do all things that may appear reasonably
necessary for their maintenance, support and
repair.

2.2 The grantor may temporarily exclude entry by the
grantee, pursuant to clause 2.1 (b), if it believes on
reasonable grounds that it is necessary to do so to
ensure safety.

2.3 The easement shall be forever appurtenant to the
dominant land, subject however to termination as set
out in clause 2.4 below. For the avoidance of doubt,
the term shall not be capable of revocation on the
giving of three months’ notice as provided for in
section 48 of the Public Works Act 1981.