NEW ZEALAND GAZETTE, No. 168

3 NOVEMBER 2011

under it. A breach of that section is an offence and also gives rise to civil liability for all damage caused to the State Highway or the Tunnel arising from that breach.

Government Roading Powers Act 1989

1.3 Section 78 of the Government Roading Powers Act 1989 provides that, except with the prior written consent of NZTA, no person may place any wire, cable, pipe, tower, pole, or other structure or thing on, over, or under any Motorway, or on, over, or under any land that has been taken, purchased, set apart or acquired for the purpose of constructing a Motorway.

Restrictions on Excavation

2. For better compliance with the existing statutory restrictions and the better protection of the State Highway and the Tunnel, the landowner shall not:

2.1 Excavate or otherwise disturb the soil in any manner whatsoever in the Tunnel Protection Land without the prior written consent of the Crown on each occasion and subject to strict compliance with such conditions as the Crown may impose on any such consent;

2.2 Suffer, allow, or permit (including without limitation giving any consents or approvals under the Resource Management Act 1991 or otherwise) any other person to take any action in respect of the Tunnel Protection Land that would breach clause 2.1;

2.3 Fund, encourage or otherwise be involved in, any act, matter or thing in respect of the Servient Land that would, if carried out by the landowner itself, breach clause 2.1.

3. For the avoidance of doubt, clause 2.1 applies to any activity, whether that activity commences on the surface of the Servient Land or any other property.

4. The Crown’s consent under clause 2.1 may be given or withheld, or made subject to conditions, at the Crown’s sole and absolute discretion. Consent will be required on each occasion notwithstanding any prior consent or approval obtained for the like purpose on a prior occasion.

5. If NZTA gives written permission to any activities that would otherwise breach clause 2.1 then the Crown will consent under clause 2.1 to those activities.

6. For the avoidance of doubt, the landowner does not require the consent of the Crown to carry out any activities that do not extend into the Tunnel Protection Land.

7. The registered proprietor shall:

7.1 Impose on every occupier of the Servient Land or holder of any unregistered interest in the Servient Land an obligation to observe and perform the terms of this covenant.

7.2 Pay all legal costs and disbursements in respect of the performance and observance by the landowner of the terms of this covenant including legal costs on a solicitor/client basis and to otherwise indemnify the Crown against any claims, loss and expense of whatever kind incurred by the Crown as a consequence of the registered proprietor failing to comply with the provisions of this covenant.

8. This covenant shall be binding on all transferees, tenants, lessees, mortgagees, charge-holders and their respective successors in title and assigns of any estate or interest in the Servient Land.

Dated at Wellington this 28th day of October 2011.

A. DRYSDALE, for the Minister for Land Information.

(LINZ CPC/2010/15235, CPC/2010/15236, CPC/2010/15237, CPC/2010/15238, CPC/2010/15239, CPC/2010/15240, CPC/2010/15241, CPC/2010/15242, CPC/2010/15243, CPC/2010/15244, CPC/2010/15245, CPC/2010/15246, CPC/2010/15247, CPC/2010/15248)

ln7632

Land and Easement Acquired for Public Recreation Purposes—69 Captain Springs Road, Onehunga, Auckland

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ainslie Drysdale, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for public recreation purposes and the easement in gross described in the Second Schedule to this notice is acquired over the land on the terms and conditions described in the Third Schedule to this notice in connection with obtaining access to and from land held for public recreation purposes and shall vest in the Auckland Council on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Second Schedule

Easement to be Acquired

1. “Easement Area” means that part of Lot 1 DP 90270 marked as Area “A” on SO 444731 (Part Computer Freehold Register 169419).

2. Auckland Council shall have a right of way easement in gross over the Easement Area for the purposes of obtaining access to and from the land described in the First Schedule to this notice, together with and subject to the terms and conditions set out in the Third Schedule below.

Third Schedule

Terms and Conditions

3. The provisions relating to the easement in gross shall be the implied terms for right of way easements provided for in Schedule 4 of the Land Transfer Regulations 2002 and Schedule 5 of the Property Law Act 2007 except that the Auckland Council’s rights to use the Easement Area shall extend only to its officers, agents, contractors and employees and no other persons.

Dated at Wellington this 28th day of October 2011.

A. DRYSDALE, for the Minister for Land Information.

(LINZ CPC/2005/10974)

ln7655

Land to be Transferred for the Purposes of a Road —River Road, Hauraki District

Pursuant to section 50 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ainslie Drysdale, Land Information New Zealand, declares that the land described in the Schedule to this notice be transferred for the purposes of a road and vested in the Hauraki District Council on the date of publication hereof in the New Zealand Gazette.