18 DECEMBER 2008 NEW ZEALAND GAZETTE, No. 195 5179

Act 1974 (including any Act amending or replacing the same).

5. The registered proprietor for the time being of the Servient Land ("the Servient Owner") will not at any time:

5.1 Do or permit to be done anything on the Servient Land which may damage or obstruct the easement facility or which may prevent the Council from obtaining reasonable access to the easement facility;

5.2 Do or permit to be done anything on the Servient Land which may interfere with, or affect, the full and free use and enjoyment by the Council of the rights, powers, licences and privileges granted under the easement.

5.3 Except with the prior written consent of the Council, and then only in accordance with such terms and conditions as it may impose in respect of such consent given:

5.3.1 Plant or cause, or allow to be planted, any trees larger than 1.5 metres on the stipulated course;

5.3.2 Erect or place thereon, or cause or allow to be erected or placed thereon, any buildings or other erections or fences (other than a boundary fence).

5.4 Claim any compensation under the provisions of any statute or regulation whatsoever, except the Public Works Act 1981 and as set out in clause 7.6 below.

6. If in the reasonable opinion of the Council, the Servient Owner has breached the provisions of clause 5.3, the default provisions set out in clause 13 of the Fourth Schedule to the Land Transfer Regulations 2002, shall apply.

7. The Council hereby covenants with the Servient Owner that the Council will:

7.1 At all times use reasonable care and skill when exercising the above rights and powers;

7.2 Avoid causing any unnecessary damage to the Servient Land and the easement facility;

7.3 Avoid causing any unnecessary interference with the Servient Owner’s use or enjoyment of the Servient Land;

7.4 Give prior notice (at least 48 hours) and consult the Servient Owner before entering the Servient Land for execution of works except in the case of emergencies;

7.5 Repair and make good all damages to fences, gates and structures upon the Servient Land directly caused by the Council undertaking any works in furtherance of the rights, powers, licences and privileges granted under this easement; and

7.6 Sufficiently compensate the Servient Owner or rectify the damage caused to the Servient Land by any subsequent maintenance or defect in the easement facility, where such damage has not been caused by the Servient Owner, nor by the Servient Owner’s lessees or invitees, and the Servient Owner and its lessees or invitees are not responsible for such defects.

8. The Council may take all reasonable measures which it considers necessary for the safety of persons or property on the Servient Land including without limitation the right to erect fences, signs and notices warning of any danger.

9. The Servient Owner shall not be liable for any damages that may be caused to any equipment placed by the Council on any part of the Servient Land or otherwise than through the wilful act or default of the Servient Owner or the Servient Owner’s lessee’s and other invitees.

10. All equipment placed on the Servient Land by the Council, its employees, contractors or any person under its control shall remain the property of the Council, its employees, contractors or any person under its control and shall not become a fixture on the Servient Land and upon the determination of this easement the Council, its employees, contractors or any person under its control shall dismantle and remove such equipment from the Servient Land.

Given under the hand of His Excellency the Governor-General and issued under the Seal of New Zealand dated this 27th day of November 2008.

[L.S.]
HON DR RICHARD WORTH, Minister for Land Information.

GOD SAVE THE QUEEN!
(LINZ CPC/2005/10762)
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Land Declared Road—413 Lake Road, Esmonde Interchange Project, North Shore City

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice to be road and to remain vested in the North Shore City Council.

North Auckland Land District—North Shore City

Schedule

Area Description
m²
438 Part Lot 1 DP 126641; shown as Section 1 on SO 411541 (part Computer Freehold Register NA73D/742).

Dated at Christchurch this 4th day of December 2008.

S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2006/11739)
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Severance Taken—State Highway 1, Albany–Puhoi, Rodney District

Pursuant to section 119(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice to be taken as severance and shall remain vested in the Crown on the date of publication of this notice in the New Zealand Gazette.

North Auckland Land District—North Shore City

Schedule

Severance

Area Description
m²
26.7095 Part Allotment 227 Parish of Waiwera; shown as Section 2 on SO 413336 (part Computer Freehold Register 207700).

Dated at Christchurch this 15th day of December 2008.

S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2000/5915)
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