22 SEPTEMBER 2005

NEW ZEALAND GAZETTE, No. 161

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 Sixth Schedule to this notice.

Third Schedule
Unit 8 held in Computer Unit Title Register WN39A/600
and supplementary record sheet WN36D/871 and shown on
Unit Plan 68792; including access to:
(a) the wall between Unit 8 and Unit 6;
(b) the wall between Unit 8 and Unit 4; and
(c) the wall between Accessory Unit 21 and Unit 6;
(together called "the exterior walls").

Fourth Schedule
Purpose for Which Leasehold Estate Required

The leasehold estate is required over the land referred to in
this notice to enable the Crown to occupy it to:

(a) clad, repair and weatherproof the exterior walls
following demolition of Units 4 and 6;
(b) reasonably reinstate services; and to
(c) secure an area of common property created.

Fifth Schedule
Conditions of Lease

1. The Crown must give the registered proprietor three
   months’ notice in writing that it intends to enter the
   land subject to the lease to clad, repair and
   weatherproof the exterior walls.

2. The lease shall have a term of three months
   commencing on the date immediately following the
   expiry of the Crown’s notice, and terminating on
   the date three months thereafter.

3. Notwithstanding the term created, the Crown may
   terminate the lease at any time by giving the registered
   proprietor one month’s notice in writing.

4. The Crown shall have the right to clad, repair and
   weatherproof the exterior walls on the land subject to
   the lease, including the right to enter and re-enter the
   land at all times, with or without such equipment as is
   reasonably necessary to complete construction.

5. In completing the work pursuant to paragraph 4 above,
   the Crown shall provide temporary weatherproofing to
   exposed areas of the existing interior walls or where
   existing walls (being a common boundary with Unit
   4 or 6) are demolished.

6. The Crown shall reinstate utilities affected by the
   works including without limitation:
   (a) relocating the electrical sub board presently
   located at the front of Unit 6 to the new area of
   common property to be created in the position
   approximately as shown on drawing 3251055-
   E002 Rev A (a copy of which has previously been

4039

made available to the registered proprietor)
together with associated cabling works; and

(b) enclosing the main switchboard to be retained
within the rear of Unit 6 with a new weatherproof
roof and wall.

7. In completing the work pursuant to paragraph 6 (a)
   above, the Crown may take access through Unit
   8 where this is reasonably required to reconnect the
   relocated sub board to the existing sub board to be
   retained in Unit 8. Prior to taking any such access, the
   Crown shall provide the registered proprietor with not
   less than seven days’ notice in writing and shall take
   all reasonable steps to minimise any disruption to the
   enjoyment of Unit 8 including:

(a) taking such access to the extent possible outside of
normal business hours;
(b) ensuring the security of Unit 8 is adequately
maintained; and
(c) delaying any such entry to accommodate any
reasonable request of the registered proprietor.

Access shall not be otherwise taken through Unit 8.

8. The Crown, in completing the works, shall ensure that
   access through Accessory Unit 21 for the benefit of
   Units 7, 8, 9, 10, 11, 12 and 13 is maintained at all
   times.

9. The Crown shall install a security door to provide
   access to the new area of common property to be
   created in the position approximately as shown on
   drawing 3251055-S003 Rev A, a copy of which has
   previously been made available to the registered
   proprietor.

10. The Crown shall generally complete the works
    as shown on drawings 3251055-S001 Rev A to
    3251055-S013 Rev A (inclusive), 3251055-E001 Rev
    A, 3251055-E002 Rev A and 3251055-M001 Rev A,
    copies of which have previously been made available
    to the registered proprietor.

11. The Crown shall repair any damage caused to any
    part of the surface of the registered proprietor’s
    land resulting from the Crown’s occupation of the land
    subject to the lease.

12. Throughout the term of the lease, the Crown shall be
    entitled to use the common property for the purposes
    of accessing the area of land subject to the lease.

Sixth 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.