Land Notices

Public Works Act 1981

Land, a Covenant and a Leasehold Estate Taken for Motorway Purposes—(Western Ring Route (Roads of National Significance): Waterview Connection Project) – Auckland

LT GEN THE RT HON SIR JERRY MATEPARAE, Governor-General

Pursuant to the Public Works Act 1981, I, Lieutenant General The Right Honourable Sir Jerry Mateparae, Governor-General of New Zealand, hereby declare:

(a) A stratum estate in the land described in the First Schedule; and

(b) A restrictive covenant over the stratum estate in the land described in the Second Schedule on the terms and conditions set out in the Fourth Schedule appurtenant to the land secondly described in the First Schedule; and

(c) A leasehold estate over the land described in the Third Schedule on the terms contained in the Fifth Schedule to be taken for motorway purposes and vested in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Terms of Restrictive Covenant

Background

A. The landowner is registered as proprietor of an estate in fee simple in all that parcel of land comprised in Computer Freehold Register NA45A/833 (“the Servient Land”).

B. The route of the State Highway 20, Waterview Connection (“the State Highway”) will run in an underground tunnel beneath the land (“the Tunnel”), constructed in a stratum estate in fee simple acquired by the Crown for motorway purposes. Part of this stratum will be declared road and State highway on completion of construction. The State Highway may also have the status of motorway under the Government Roading Powers Act 1989.

C. Pursuant to sections 61(1) and 80(1) of the Government Roading Powers Act 1989, the NZ Transport Agency, together with its successors at law (“NZTA”), has sole powers of control for all purposes of all State highways and motorways.

D. The Crown needs to protect the State Highway and the Tunnel from damage and interference from inconsistent activities above the Tunnel.

E. NZTA has obtained, or will obtain, a designation under the Resource Management Act 1991 for the State Highway, the Tunnel and certain land between the Tunnel and the surface of the Servient Land (“the Designation”).

Prohibition of Inconsistent Activities
Existing Statutory Restrictions

1. Certain activities above the State Highway and the Tunnel may affect the integrity of the Tunnel and the safety of the State Highway and users of it.

Designation Pursuant to the Resource Management Act 1991

1.1 Section 176 of the Resource Management Act 1991 provides that no person may, without NZTA’s prior written consent, do anything in relation to any land subject to the Designation, which would prevent or hinder the State Highway or the Tunnel.

Public Works Act 1981

1.2 Section 237 of the Public Works Act 1981 provides that, except with the prior written consent of NZTA, no person may excavate or otherwise interfere with any land in the vicinity of the State Highway or the Tunnel if the excavation or interference is likely to produce, directly or indirectly, a subsidence on to the State Highway or the Tunnel or a subsidence of the State Highway or the Tunnel or of the soil 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 Excavations

2. For better compliance with the existing restrictions recorded in clauses 1.1–1.3 of this Schedule 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