NEW ZEALAND GAZETTE, No. 45

3 MARCH 2005

North Auckland Land District—Auckland City

First Schedule

(a) 823 square metres, being part of Lot 1, DP 77953
(part Computer Freehold Register NA58B/353); shown
as Section 2 on SO 347634.

(b) 108 square metres, being part of Lot 1, DP 77953
(part Computer Freehold Register NA58B/353); shown
as Section 1 on SO 347634.

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

Second Schedule

155 square metres, being part of Lot 1, DP 77953
(part Computer Freehold Register NA58B/353); marked
“A” on SO 347634 (“the maintenance easement land”).

Third Schedule

Purpose of Maintenance and Access Easement

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.

Notice of Intention to Take Land for Road—

Adjoining State Highway No. 58, Near Hayward’s
Hill Intersection, Hutt District

Notice is hereby given that the Crown, under the provisions
of section 23 of the Public Works Act 1981, proposes to
take the land described in the Schedule hereto (“the land”).
The land is required for road and it is intended to use the
land to form part of State Highway No. 58.
The intended taking is considered necessary to regularise
ownership and property boundaries.

Other areas adjoining the land have already been acquired
either for use in connection with a road or for motorway.
The proposed land use is in accordance with the designation
under the district plan.

The owner of the land and those persons with a registered
interest in it will be served with notice of the Crown’s
intention to take their land and their right to object.

Any other person having the right to object may send
a written objection to the Registrar, Environment Court,
Tribunals Division, Department for Courts, P.O. Box
5027, Wellington, 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 Duncan Unsworth, The Property
Group Limited, P.O. Box 2874, Wellington. Telephone:
(04) 470 6104.

Wellington Land Registry—Hutt District

Schedule

Land close to the Hayward’s Hill intersection, being:
99 square metres, more or less, being part Section 198,
Hutt District, SO 10984 (and being the balance of the
land held in Computer Freehold Register WN291/240),
Wellington Land Registry.

Dated at Wellington this 22nd day of February 2005.

PETE HODGSON, Minister for Land Information.
(LINZ CPC/2000/5695/A)