2202 NEW ZEALAND GAZETTE, No. 97 2 JULY 2009

North Auckland Land District—North Shore City

Schedule

Road Stopped and Set Apart for the Functioning Indirectly of a Road (Passenger Transport Station)

Dated at Auckland this 24th day of June 2009.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2009/13709)

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Land Declared Road—State Highway 1, Auckland–Waiwera Motorway, North Shore City

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares the land described in the First Schedule to this notice to be road which, pursuant to section 5 of the Land Transport Management Act 2003, forms part of State Highway 1 and which has the effect of adding the land in the Second Schedule to State Highway 1, pursuant to section 5 of the Land Transport Management Act 2003, and vests in the Crown on the date of publication of this notice in the New Zealand Gazette.

North Auckland Land District—North Shore City

First Schedule

Land Declared as Road

Second Schedule

Land to be Added to State Highway

Dated at Auckland this 24th day of June 2009.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2009/13709)

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Building Restriction Created—State Highway 18, Greenhithe, North Shore City

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand:

(a) Pursuant to section 236, declares the land described in the First Schedule to this notice (“the Development Area”) to be subject to the following restrictions:

(i) No person shall develop, erect or permit to be erected any building or structure or carry out any earthworks on the Development Area otherwise than in accordance with the recommendations of a registered engineer experienced in soil mechanics, and all foundations must fully penetrate fill and be founded in good competent ground.

(ii) Any development, or any building or structure erected or any earthworks carried out on the Development Area, shall be erected or carried out at the sole risk of the owner and the owner shall have no recourse to the Crown in respect of the Development Area.

(iii) The covenants contained herein shall be enforceable only against the owners and occupiers from time to time of the land.

(b) Pursuant to section 236, declares the land described in the Second Schedule to this notice (“the Development Restriction Area”) to be subject to the following restrictions:

(i) No person shall develop, erect or permit to be erected any building or structure or carry out any earthworks on the Development Restriction Area otherwise than in accordance with the recommendations of a registered engineer experienced in soil mechanics, and any such development, building, structure or earthworks must only be undertaken subject to specific geotechnical design to mitigate against risk of slope instability.

(ii) Any development, or any building or structure erected, or any earthworks carried out on the Development Restriction Area shall be erected or carried out at the sole risk of the owner and the owner shall have no recourse to the Crown in respect of the Development Area.

(iii) The covenants contained herein shall be enforceable only against the owners and occupiers from time to time of the land.

(c) In the event of any dispute arising between the parties in respect of or in connection with this building restriction, the parties shall, without prejudice to any other right or entitlement they may have under this agreement or otherwise: