12 FEBRUARY 2009 NEW ZEALAND GAZETTE, No. 16

Notice of Intention to Take Land for Road—Christchurch Southern Motorway – Halswell Junction Road Upgrade

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 described in the Schedule to this notice is required for road, namely for the Christchurch Southern Motorway – Halswell Junction Road Upgrade.

The owner of the land and those persons with a registered interest in it have been 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, 89 Armagh Street (PO Box 2069), Christchurch, 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 Tony Fraser, The Property Group Limited, Unit B, Level 1, 387A Colombo Street, Sydenham (PO Box 7240), Christchurch. Telephone (03) 363 5907.

Canterbury Land Registry—Christchurch City

Schedule

Land at 146 Shands Road, Christchurch:

(a) 279 square metres, being part of Lot 2 DP 306536; part Computer Freehold Register 25481; shown as Section 8 on SO 406188.

(b) 114 square metres, being part of Lot 2 DP 306536; part Computer Freehold Register 25481; shown as Section 9 on SO 406188.

Dated this 16th day of January 2009.

HON DR RICHARD WORTH, Minister for Land Information.

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Land Acquired for Road—1698 Oropi Road, Oropi, Tauranga

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in the Western Bay of Plenty District Council on the date of publication of this notice in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District Council

Schedule

Dated at Auckland this 29th day of January 2009.

R. J. SUTHERLAND, for the Minister for Land Information.

(LINZ CPC/2005/10913)

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Easement Acquired—1431 No 2 Road, Douglas Corner, Bay of Plenty

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, an agreement to that effect having been entered into, a right to convey water, with the rights and powers contained in Schedule 4 of the Land Transfer Regulations 2002, together with the following variations is hereby acquired over the land described in the Schedule to this notice and shall vest in the Western Bay of Plenty District Council (“the council”) on the date of publication of this notice in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District Council

Schedule

Rights and Power Varied and Added

1. The council’s rights to the easement facility are exclusive.

2. The council alone shall determine both the nature of the easement facility and where, how and when it is to be laid along the stipulated course or in the stipulated area and the agreement of the owner is not required to any of these.

3. The words “to the dominant land” are deleted from clause 3(1) in Schedule 4 of the Land Transfer Regulations 2002.

4. No breach of the terms of this easement by the council shall entitle the owner to cancel or revoke this easement.

5. The council is not compelled to convey water along the stipulated course or in the stipulated area.

6. Any rights or immunities from liability or powers or remedies which the council may have by statute or at common law are not affected by this grant and the council shall have those rights or immunities and may exercise those powers or remedies independently of this grant.

7. Any maintenance, repair or replacement of the easement facility, whether on the servient tenement or similar facilities of the council connected to the easement, that is necessary because of any act or omission by the owner (which includes agents, employees, contractors, subcontractors and invitees of the owner) must be carried out promptly by the owner at the owner’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the owner must be in proportion to the amount attributable to the act or omission (with the balance payable in accordance with clause 11 of Schedule 4 to the Land Transfer Regulations 2002).

8. The exercise of any rights or powers conferred on the council by this instrument shall not entitle the owner to the payment of compensation under the provisions of any enactment or at law but nothing in this clause shall operate as a waiver of the owner’s rights or remedies if the council breaches any of the provisions of this instrument.

Dated at Auckland this 29th day of January 2009.

R. J. SUTHERLAND, for the Minister for Land Information.

(LINZ CPC/2005/10913)

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