5058 NEW ZEALAND GAZETTE, No. 176 17 NOVEMBER 2011

person to take any action in respect of the Servient 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 landowner 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 landowner 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.

Fifth Schedule

Terms of Leasehold Estate

Purpose for Which Leasehold Estate is required

The leasehold estate (“the Lease”) is required to allow the Crown to occupy the Leasehold Land during the construction of the Western Ring Route (Roads of National Significance), Waterview Connection Project, Auckland (“the Project”). The land will be used as part of a construction yard for storage of vehicles and materials required for the construction of the Project.

Terms of the Leasehold Estate

1. The Crown must give the registered proprietor reasonable notice prior to first entry onto the Leasehold Land for occupation during the construction of the Project.

2. The Lease shall have a term of three years, commencing on the 14th day after publication of a proclamation taking the Leasehold Land and the Lease in the New Zealand Gazette, and terminating on that date three years thereafter.

3. The Crown shall pay to the registered proprietor a current market rent for the term of the Lease, such rate to be determined by a registered valuer at the commencement of the Lease.

4. The Crown may, on the giving of written notice to the registered proprietor, extend the term of the Lease for a further one year twice should the Project not be completed by the expiry of the original term. The current market rent shall be reviewed at the time the registered proprietor is given notice of any such extension.

5. Notwithstanding the term created, the Crown may terminate the Lease, at any time by giving the registered proprietor one month’s notice in writing.

6. The Crown shall have the right to occupy the Leasehold Land subject to the Lease, including the right to enter and re-enter the Leasehold Land at all times, with or without such vehicles, machinery or materials for the purpose set out in this Proclamation.

7. The Crown shall erect a temporary fence between the Leasehold Land and the balance of the land in Computer Freehold Register NA45A/833 for the term of the Lease. On expiry of the Lease, the Crown shall remove the temporary fence and provide a new boundary fence, to a similar standard as is reasonably practicable, to the existing timber paling fence.

Given under the hand of His Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 7th day of November 2011.

[L.S.]

HON MAURICE WILLIAMSON, Minister for Land Information.

GOD SAVE THE QUEEN!

(LINZ CPC/2010/15444)
ln8026

Land and a Covenant 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 the Second Schedule; and

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